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RS 414.123 Order of 5 December 2014 on finance and accounting in the field of FIF

Original Language Title: RS 414.123 Ordonnance du 5 décembre 2014 sur les finances et la comptabilité du domaine des EPF

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414.123

FIF Financial and Accounting Ordinance

On 5 December 2014 (State 1 Er January 2015)

The Swiss Federal Council,

Having regard to art. 35 A , para. 5, and 39, para. 2, Federal Act of 4 October 1991 on Federal Polytechnic Schools (EPF Act) 1 ,

Stops:

Chapter 1 General provisions

Art. 1 Principles

1 The EPF Board, FIFs and research institutions ensure that financial resources are used efficiently and economically.

2 FIFs and research institutions respond to the EFA Council.

Art. 2 Third-party funds

1 All funds not directly from the direct financial contributions of the Confederation are deemed to be third-party funds. They consist of:

A.
Amounts allocated for the remuneration of the research mandates of the Confederation and its institutions, as well as contributions from European research programmes;
B.
Contributions from third parties.

2 The acceptance of third-party funds must be compatible with the independence, tasks and objectives of EFA and research institutions.

3 FIFs and research institutions decide on the acceptance and use of third-party funds as part of their contractual commitments, provided that the EPF Council has not decided otherwise.

4 The EPF Council, FIFs and research institutions must be able to inform the relevant federal authorities about the origin and use of third-party funds and the status of the relevant projects.

Chapter 2 Presentation of accounts

Section 1 Reporting principles and standards

Art. 3 Principles of account presentation

The presentation of the accounts shall respect the following principles:

A.
Importance: It presents all the information necessary for a rapid and complete assessment of the state of wealth, finances and income and which are likely to influence the decisions of the competent authorities;
B.
Completeness: Lists all expenses, revenues, capital expenditures and investment receipts;
C.
Clarity: The information it provides must be clear and understandable;
D.
Continuous accounting methods: The principles governing the presentation of accounts and the keeping of accounts must, as far as possible, remain unchanged over a long period of time and allow comparisons to be made;
E.
Raw layout: It presents the charges separately from the revenue and investment expenditure separately from the investment income, without any compensation, with each heading showing its full amount.
Art. 4 Standards for presenting accounts

1 The presentation of the accounts is based on IPSAS (International Public Sector Accounting Standards) 1 .

2 The differences in IPSAS are set out in Annex 1. The implementation of IPSAS is set out in Annex 2.


1 www.ifac.org/fr/public-sector

Section 2 Annual accounts

Art. 5 Structure

The annual accounts of the EFA, FIF and research institutions are based on the structure of the annual accounts of the FIF field pursuant to Art. 35, para. 2, of the FIF Act.

Art. 6 General Chart of Accounts

The EPF Council sets out in directives the annual accounts plan of the annual accounts so that it is in line with that of the consolidated account of the Confederation.

Art. 7 Balance Sheet

1 The balance sheet includes the financial assets (assets) as well as commitments and equity (liability).

2 The financial assets include the assets in circulation and the capital assets.

3 Commitments include short-and long-term third-party capital.

Art. 8 Principles governing the establishment of the balance sheet

1 Capital assets are recorded on the estate if the following conditions are met:

A.
They have a future economic utility or are used directly in the performance of public tasks;
B.
Their value can be reliably determined.

2 Existing commitments arising from a past event are recorded as liabilities when their achievement is likely to result in cash outflow.

3 Provisions are made for commitments whose origin is linked to a past event if the date of execution or the amount of the future exit of funds is undetermined.

4 Capital assets and liabilities shall be charged to the balance sheet of the accounting period in which they meet the conditions of entry to the assets or liabilities set out in paras. 1, 2 and 3.

5 A statement on the balance sheet is not necessary as long as the limit for registration to assets or liabilities (art. 10) is not affected.

6 The EPF Council lays down in guidelines the conditions under which registration to assets or liabilities may, on an exceptional basis, be carried out in a consolidated manner.

Art. Evaluation Principles and Amortization

1 The principles of evaluation are based on the provisions of IPSAS.

2 Cultural property, such as artistic, educational and historical collections, as well as libraries, should not be included in the asset.

3 Capital elements and similar commitments must be grouped into classes. The same evaluation principles apply within a class.

4 The Council of EPF sets out in guidelines:

A.
The evaluation principles applicable to different classes;
B.
Investment categories and their depreciation rates.
Art. 10 Deeming limits for the registration of assets or liabilities

1 Investments and inventories must be recorded on the asset from the following amounts:

A.
Buildings: from 100 000 francs;
B.
Specific use arrangements in rented and confederation buildings: from 100 000 francs;
C.
Movable property: from 10,000 francs;
D.
Intangible heritage values purchased: from 100,000 francs;
E.
Immaterial heritage values created by the institution itself: from one million francs;
F.
Stocks: from 100 000 francs.

2 Provisions must be made from an amount of at least 500 000 francs.

3 Temporal regularisations must be carried out from at least 100 000 francs.

4 The EPF Board may set other limits in guidelines.

Art. 11 Reservations

1 Reserves may be set up at the level of the EPF Board, EPF and research institutions.

2 They are part of the institution's own capital.

3 The constitution and dissolution of reserves are not recorded directly in the profit and loss account.

4 The EPF Board regulates the constitution and dissolving of reservations in directives.

Art. 12 Result Account

The income statement includes expenses and revenues as well as the annual balance of the accounting period under review.

Art. 13 Funding Account

1 The financing account provides information on the source and use of cash and short-term investments and indicates the corresponding fluctuations.

2 It presents the cash flows consisting of:

A.
Operational activities (cash flow);
B.
Investments;
C.
Financing operations.

3 The investment account is an integral part of the funding account.

Art. 14 Equity of own capital

The state of own capital indicates the causes of fluctuations in the capital.

Art. 15 Annex

The Annex to the annual accounts shall include, inter alia:

A.
It indicates the rules applicable to the presentation of accounts and justifies the differences;
B.
Lists the principles for the presentation of the accounts, including the essential principles of the balance sheet and evaluation;
C.
It presents in an abbreviated form the main features of the other elements of the annual accounts.
D.
It provides important additional information to assess the state of wealth, income, liabilities and financial risks.
Art. 16 Consolidation

1 The consolidated annual EFA accounts are established on the basis of the principle of full consolidation. These include the consolidated annual accounts of the EFA, FIF and research institutions.

2 They provide an overview of the state of wealth, finance and income in the FIF domain, excluding internal transfers.

3 They form the basis for the transfer to the consolidated account of the Confederation, in accordance with the provisions applicable to the decentralised administrative units of the Confederation.

4 The consolidation of the annual accounts of the EFA, FIF and research institutions is carried out according to the same rules as those applicable to the consolidation of the annual EFA accounts.

5 The EPF Council regulates the modalities of consolidation in guidelines; it takes into account the implementation of the IPSAS standards contained in Annex 2.

Art. 17 Signature and confirmation of annual accounts

1 The President of the Council of EPF and the person responsible for finance sign together the consolidated annual accounts of the Council of EPF and those in the field of FIF.

2 The presidents of the FIFs and the directors of research institutions sign with their financial officer the consolidated annual accounts of their institution.

3 By signing them, the signatories confirm that the annual accounts have been established in accordance with the legal provisions and that they provide a presentation in line with the reality of the state of wealth, finances and income.

Section 3 Report

Art. 18 Principles

1 Any report prepared for the FIF or other interested entities presents the state of wealth, finances and income in accordance with reality.

2 As part of the preparation of reports to the EFP Council, FIFs and research institutions confirm the accuracy of the figures and comments presented in the annual accounts.

Art. 19 Management Reports

1 Each EFA and research institution prepares an annual management report, which includes a status report and annual accounts.

2 On the basis of the reports of FIFs and research institutions, the EPF Board annually draws up the EFA domain management report. It integrates its report on the state of the situation in the FIF domain.

3 The EPF Board publishes the EFA Domain Management Report after its approval by the Federal Council and its submission to the relevant committees of the Federal Chambers.

Art. Other reports

FIFs and research institutions provide the FRPW Council with the data necessary for the preparation of the other EPF domain reports required by the Confederation.

Section 4 Revision

Art.

1 The following documents are subject to revision:

A.
At the level of EPF, FIF and research institutions: annual accounts and status reports;
B.
At the level of the EFA Council: the annual accounts.

2 Reports on the status of the situation must be monitored on:

A.
Possible contradictions with the annual accounts;
B.
The application of appropriate risk management;
C.
Possible contradictions in staff reporting.

Chapter 3 Maintenance of Accounting, Internal Control and Risk Management

Section 1 Accounting maintenance and inventory

Art. Principles

1 Accounting maintenance is subject to the following principles:

A.
Completeness: All financial transactions and accounting elements must be recorded in full and by period;
B.
Accuracy: The accounting entries must match the facts;
C.
News: Accounting must be kept up to date. Transactions must be recorded in chronological order;
D.
Traceability: Transactions must be recorded in a clear and understandable manner. The corrections must be marked as such, and the accounting entries must be certified by supporting documents.

2 Principles for the presentation of accounts within the meaning of s. 3 shall apply mutatis mutandis.

Art. Analytical accounting

1 FIFs and research institutions maintain an analytical accounting that meets their needs.

2 The cost accounting must be structured to:

A.
To facilitate the management of institutions;
B.
Provide the baseline data to develop and evaluate the budget and annual accounts;
C.
Provide the baseline data for statistics;
D.
Ensuring transparency of costs in the interests of effective administration.
Art. 24 Retention of supporting documents

1 The supporting documents must be kept with the accounts for 10 years.

2 The evidence for benefits subject to value added tax in relation to real property must be retained for 20 years.

Art. 25 Inventories

1 The FIF Board, FIUs and research institutions draw up an inventory of tangible capital assets and inventories that must be recorded in the asset.

2 They update the inventory each year. For tangible capital assets that are to be recorded in the asset and have a residual book value of less than 100,000 francs at the time of annual monitoring, the update takes place every three years.

3 The EFA Council, FIFs and research institutions draw up a specific inventory of cultural objects.

4 They are based on the risks incurred in maintaining inventories of tangible capital assets and inventories that are not to be recorded in the asset.

Section 2 Internal oversight

Art. 26 Internal Control System and Accountability

1 The FIF Board, FIFs and research institutions manage an internal control system (CIS) for their institution.

2 The objective of the CIS is to:

A.
Protect the heritage value;
B.
Ensure adequate use of funds;
C.
To prevent or detect errors and irregularities in the maintenance of accounts;
D.
Ensure the proper reporting and reliability of the reports.

3 It takes into account the risks involved and the cost/utility ratio.

4 The President of the EFA Council, the presidents of the FIUs and the heads of research institutions ensure the introduction, effective implementation and monitoring of the ITS in their field of competence.

Art. 27 The level of the CIS

1 The ITS includes regulatory, organizational and technical measures.

2 It must be documented in a comprehensive and clear manner. The points concerned are in particular the analysis of the risks, the corresponding checks and the evidence that they have been carried out.

Art. 28 Regulations concerning signatures

The EPF Board, FIFs and research institutions adopt a regulation on signatures for their institution.

Section 3 Risk Management

Art. Skills

1 The EPF Board, FIFs and research institutions conduct risk management within their jurisdictions.

2 The FPR Council addresses the principles of risk management within the FIF domain through guidance. It sets out in particular:

A.
The objectives of the risk management policy and responsibilities when implementing the risk management policy;
B.
The seizure of risks;
C.
Risk assessment;
D.
Control and funding of risks;
E.
Risk control.
Art. Risk Management

1 The EFA Council, FIF and research institutions themselves assume their own risks in their area of competence; para. 2 and the provisions contained in special laws are reserved.

2 If damage to the FIF Council, EPF or research institutions jeopardises the fulfilment of the tasks entrusted to them by the federal legislation and the benefit mandate, the Council of EPF, after consulting The Federal Administration of Finance (AFF), asks the Federal Department of Economics, Training and Research (DEFR) for the Federal Council:

A.
An amendment to the benefit mandate; or
B.
An increase in the financial contribution of the Confederation and, if necessary, the expenditure ceiling.
Art. Obligation to inform

The Council of EPF informs the Secretariat-General of the DEFR and the AFF of significant developments in the risk situation and insurance coverage in the Council of EPF, FIF and research institutions.

Chapter 4 Financial and Budget Plan

Art. 32 Financial Plan

1 The EFA Council shall annually update the FIF financial plan for the three years following the budget year.

2 FIFs and research institutions provide the necessary data to the EFA Council.

Art. 33 Budget

1 The EPF Council draws up the EPF budget each year in accordance with the provisions applicable to the decentralised administrative units of the Confederation.

2 It establishes the budget according to the principles and standards set out in Art. 3 and 4.

3 It provides guidelines for EPF and research institutions for the preparation of the budget.

4 It can publish the budget in a report.

Chapter 5 Other provisions

Art. 34 Guidelines

1 The FPR Council shall consolidate in the same document the directions to be issued by the Board under this Order.

2 It also has the power to issue directives on other matters relating to the implementation of this order.

3 FIFs and research institutions may provide additional guidance to their institution on the implementation of this order.

Art. 35 Services between FIUs or research institutions and federal services

Federal services in support of the FIF domain, as well as the benefits of FIF or research institutions in favour of other units of the federal government, are invoiced reciprocally.

Art. 36 Treasury

The AFF enters into a cash agreement with the Conseil des EPF.

Art. Security Interests

1 The amount of security rights in EFA and research institutions must be commensurate with the risk.

2 The request for security rights must emanate from the administrative unit of the operation.

3 Security rights are provided in the form of:

A.
Cash deposits;
B.
Solidary bonds;
C.
Bank guarantees;
D.
Mortgage and mortgage payments;
E.
Life insurance policies with a commuted value;
F.
Listed bonds, denominated in French francs, Swiss debtors, or cash bonds issued by Swiss banks.

Chapter 6 Final provisions

Art. 38 Repeal of another act

The EPF Board Order of 5 February 2004 on EFA Domain Accounting 1 Is repealed.


Art. 39 Change in Other Acts

... 1


1 The mod. Can be viewed at RO 2014 4579 .

Art. 40 Transitional Provision

The EPF Board may fix differences with respect to IPSAS for the first two accounting years following the coming into force of this order.

Art. Entry into force

This order shall enter into force on 1 Er January 2015.

Annex 1

(art. 4, para. 2)

Differences in relation to IPSAS in annual accounts of FIFs and research institutions

N O Of IPSAS

Differences

IPSAS 18

FIFs and research institutions should not report on a sector-specific basis. The EPF Council may decide otherwise in its guidelines.


State 1 Er January 2015

Annex 2

(art. 4, para. 2, and 16, para. 5)

Concretizations of IPSAS standards for the consolidation of the annual accounts of FIFs, FIFs, FIFs and research institutions

N O Of IPSAS

Concretizations

IPSAS 6, 7, 8

1.
Participation in legal entities shall be integrated and published in the consolidated annual accounts of the FIF, the EPF Council, the EPF and the research institutions from a total balance sheet of 5 million francs (for the Controlled units: IPSAS 6) or a capital share of 2 million francs (for units exposed to significant influence: IPSAS 7, 8). Where legal persons do not meet the criteria mentioned, their number and total balance sheets must be indicated in the Annex.
2.
The holdings in single companies are integrated and published in the consolidated annual accounts of the FIF, the EPF Council, the EPF and the research establishments from an annual turnover of 0.5 million francs Or a total balance sheet of 5 million francs. In the case of other simple companies, with the exception of those intended to carry out joint research tasks (research cooperation), their number and total balance sheets must be set out in the Annex.
3.
For holdings in foundations, associations and cooperatives which have direct or indirect benefits as well as risks accruing to the EPF Board, the EPF or the research institution, the cases of figure The following are assimilated to a situation of control or even of significant influence:

A. A control is exercised when the FIF Board, the EFA or the research institution may approve or oppose substantive decisions or hold more than 50 % of the voting rights;

B. A significant influence is exercised when the FIF, EPF or research institution holds between 20 and 50 % of the voting rights.

4.
If the percentage of participation within the meaning of c. 3 cannot be determined on the basis of the statutes or other official documents or contracts, it is defined according to the proportion of voting rights in the governing body.
5.
Investments that exceed the thresholds specified in the c. 1 and 2 for two consecutive years must be integrated and published the following year in the consolidated annual accounts of the FIF, EFA, FIF and research institutions.
6.
Investments which have already been integrated and published at least once in the consolidated annual accounts of the FIF area, the EPF Council, FIFs and research institutions must continue to be included if they are lower To the above thresholds.

State 1 Er January 2015