Art. 39

1. Any person who contravenes:
   1. the principles of independence in accordance with Articles 11 and 728 of the CO¹;
   2. ² the duties to notify in accordance with Article 15a paragraph 2;
   3. the duty to inform in accordance with Article 15 paragraph 3;
   4. an implementing provision of this Act, the contravention of which is declared by the Federal Council to be an offence;
   5. a decision or measure of the Oversight Authority that has been issued with a reference to the penalties set out in this Article,

shall be liable to a fine not exceeding 100 000 francs. 2. If the offence is committed through negligence, the fine shall not exceed 50 000 francs. 3. The Oversight Authority shall prosecute and judge such contraventions in accordance with the provisions of the Federal Act of 22 March 1974³on Administrative Criminal Law. 4. The right to prosecute contraventions is limited to seven years.