1 The Decision to Conduct an Internal Investigation
1.1 What statutory or regulatory obligations should an
entity consider when deciding whether to conduct an internal
investigation in your jurisdiction? Are there any consequences for
failing to comply with these statutory or regulatory regulations?
Are there any regulatory or legal benefits for conducting an
investigation?
Swiss law does not impose direct obligations on companies to
conduct internal investigations. However, duties to cooperate with
and provide regulatory authorities with accurate information can
indirectly compel them to do so. The Swiss Financial Market
Supervisory Authority ("FINMA"), for
example, frequently orders regulated entities to explain incidents
and produce documents relating to matters under its supervision,
and the entities are also under an ongoing obligation to
immediately and proactively notify material events. The stock
exchange, SIX Swiss Exchange, imposes a similar ad hoc
notifi
