Art. 46

1. Any person who as an agent wilfully and seriously violates the supervisory provisions by:¹
   1. ² falsely stating essential information in the report or withholding essential information;
   2. failing to make a mandatory report to FINMA; or
   3. failing to make an order under Article 27 to the audited supervised person or entity,

is liable to a custodial sentence of up to three years or to a monetary penalty. 2. Where the offender acts through negligence, he or she is liable to a fine of up to 250 000 francs. 3. .³