Amendment Of The Audit Quality Assurance Act

Original Language Title: Änderung des Abschlussprüfungs-Qualitätssicherungsgesetzes

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89. Federal law that modifies the audit quality assurance Act

The National Council has decided:

The audit quality assurance Act, Federal Law Gazette I no. 84/2005, amended by Federal Law Gazette I no. 60/2010, is amended as follows:

1. in the table of contents, the following entry is inserted after "§ 15 issue of the certificate":

'article 15a. Issuing a certificate for introduction of examinations"

2. paragraph 5 para 3 and 4:

"(3) the Working Committee for external quality audits shall immediately order one of the proposed external quality auditor if the order requirements are met. Each was ordering a quality reviewer is immediately to bring the quality control Office in connection of the decision-relevant documents. The quality inspection authority may declare the order within two weeks from the order null and void if one of the conditions of the order was not available. An ordering condition falls away later, so the Working Committee for external quality audits or the quality control authority can revoke the order within two weeks of knowledge, if this is necessary to ensure of a proper inspection. In this case, article 9, paragraph 3 shall apply mutatis mutandis.

"(4) the Working Committee for external quality audits has immediately to give opportunity to comment and to the improvement of the proposal the auditor to inspect or audit firm to check, if he considers that not all proposed quality controllers meet the requirements of the order."

3. paragraph 10 section 4 to 6:

"(4) the Working Committee for external quality audits has quality inspectors to recognize as a natural person or an accounting firm, if the requirements pursuant to paragraph 2 or paragraph 3. The Working Committee for external quality audits has the recognition to issue a certificate. Each was recognition of a quality reviewer is immediately to bring the quality control Office in connection of the decision-relevant documents.

(5) the Working Committee for external quality audits has to carry a list of quality inspectors. Recognized quality inspectors are to enter automatically in this list.

(6) the Working Committee for external quality audits to issue a written notice has over the refusal of recognition. The remedy of appeal is against that decision. The appeal the quality inspection authority shall decide."

4. paragraph 10 section 8 and 9:

"(8) the Working Committee for external quality audits has to revoke the recognition of a quality reviewer, if 1 about a quality inspector a misconduct legally imposed, whose underlying professional crime excludes the suitability as a quality inspector, a quality inspector more than three years has carried out 2. no comprehensive carrying out audit activities or 3. a quality inspector of its obligation in accordance with paragraph 7 does not fulfil or 4. a quality inspector does not fulfil its training obligations or 5. the recognition conditions no longer exists or 6 the quality inspection authority" the withdrawal demands, because a recognition condition not existed or exists.

(9) the Working Committee for external quality audits to issue a written notice has over the withdrawal of recognition. The remedy of appeal is against that decision. The appeal the quality inspection authority shall decide."

5. paragraph 13 paragraph 7:

"(7) the Working Committee for external quality audits is entitled to apply the quality control supplements the written inspection report."

6 paragraph 14 along with heading:

"Certificate

§ 14. The Working Committee for external quality audits has to evaluate the received his written reports within a period of six weeks after receipt, and to decide about the granting or refusal of a certificate with regard to the participation in external quality inspection in accordance with sections 15 to 17."

7 § 15 ABS. 1:

"(1) (the Working Committee for external quality audits is to certify the successful participation of the external quality review if 1 after the evaluation of the written inspection report a) (no or only insignificant defects of quality assurance measures were detected by the quality control have resulted in a final evaluation in accordance with § 13 para 2 or b) significant defects of quality assurance measures identified by the quality inspectors have resulted in restrictions of the final evaluation pursuant to § 13 para 3" "(, und 2. a) in the implementation of the external audit of the quality not the provisions of this Federal Act and the quality assurance policy breach was or b) are actually no significant defects of quality assurance, which altogether lead to a serious deterioration of a proper exercise of the profession."

8 paragraph 15 paragraph 2:

"(2) the certificate is up to the time at the next external inspection perform is to limit. The validity of a certificate expires one month after the deadline. External quality control was not earlier than three months before and not later than one month after the deadline of the last certificate signed, the day after the expiry of the last certificate is as a new beginning of the period to apply. The certificate is also the time of the next external quality review to specify. The certificate is immediately to deliver the validated statutory auditor or audit firm audited."

9 according to § 15 the following article 15a and heading shall be inserted:

"Issuing a certificate for re-recording an examinations

section 15a. (1) in the case of a re-recording of examinations is to limit a certificate referred to in section 15 to a period not exceeding 18 months.

(2) is the validity of the certificate in accordance with § 15 para 2 after ten months after 1 or 2 termination of certification as provided in § 18b or 3. withdrawal of the certificate referred to in section 15 para 4 or 4. withdrawal of the certificate referred to in article 18 or 5. withdrawal of the certificate referred to in section 18a or 6 official on deletion of a registration of a statutory auditor or audit firm from the public part of the public register ", because the rights conferred by a certificate granted in accordance with section 15 of the statutory auditor or audit firm were no longer exercised or could no longer be exercised or 7 issued article 15 waiver in accordance with certification, recently issued a certificate, to a period not exceeding 18 months is limited in time."

10 paragraph 16 par. 1 and 2:

"(1) which can work Committee for external quality audits independently a grant of a certificate order measures, if 1 defects exist in the validated test operation or 2. when carrying out external quality inspection contrary to the provisions of this Federal Act or the quality assurance policy in accordance with section 22.

"(2) the Working Committee for external quality inspections may order the following measures: 1 the verifiable elimination of defects, 2. the shortening of the period for the next external inspection, and 3. a special examination."

11 paragraph 16 paragraph 3:

"(3) If a special audit is arranged, so the Working Committee for external quality audits for this has to order a quality inspector and to set a reasonable fee payable by the auditor to inspect or audit firm to be tested for it."

12 paragraph 16 paragraph 5 and 6:

"(5) the Auditors checked or validated audit firm is to listen to before the arrangement of a measure referred to in paragraph 2. No separate appeal is allowed against orders referred to in paragraph 2.

(6) the arrangement of measures has to be avoided, if the auditor checked or validated audit firm dispensed with the grant of a certificate."

13 paragraph 17 para 2:

"(2) over the refusal of the certificate a written opinion is to be issued by the Working Committee for external quality audits. In the grounds of this decision are those circumstances and conditions to lead, which can lead to obtaining a certificate. The remedy of appeal is against that decision. The appeal the quality inspection authority shall decide."

14 paragraph 18 para 1 and 2:

(1) who has to revoke an issued certificate if 1 it subsequently turns out that was not to issue a certificate or 2 an aim of external quality control auditor, or one of the external quality review unsuccessful audit firm of an order pursuant to section 16 para 2 persistently fails to work Committee for external quality audits.


(2) on the revocation of the certificate, a written opinion is to be issued by the Working Committee for external quality audits. In the grounds of this decision are those circumstances and conditions to lead, which can lead to obtaining a certificate. The remedy of appeal is against that decision. The appeal the quality inspection authority shall decide."

15 paragraph 19 paragraph 1:

"(1) for the implementation of the quality assurance system is a Working Committee for external quality audits to establish." Vienna is the seat of the Working Committee. At the Working Committee for external quality audits an Office with sufficient personnel equipment is set up."

16 paragraph 19 paragraph 6:

"(6) the Working Committee for external quality audits has, as far as not another body is specifically responsible to perceive all matters and tasks of execution of quality assurance system, create an annual activity report on the results of external quality audits and to present the quality control authority and supervise tests on behalf of the quality control authority."

17 paragraph 19 paragraph 10:

"(10) the Working Committee for external quality audits has to give an order. This requires the approval of the quality control agency."

18 paragraph 20 paragraph 1:

"(1) at the Federal Ministry of Economics and labour, a quality control authority is set up." At the Federal Ministry of Economics and labour a secretariat with sufficient human resources facilities is for the quality inspection authority to establish."

19 paragraph 20 paragraph 6:

"(6) the quality control agency has to perform the following tasks: 1 taking note of recent orders and decisions of the nullity and revocation an order to the quality auditor pursuant to § 5 para 3, 2. decisions on the admissibility of a proposal to appoint a quality inspector in accordance with § 5 par. 5, 3 orders of quality inspectors in accordance with § 5 par. 5, 3a."
Receipt of reports in accordance with § 9 para 3, 3B. taking note of recognition as quality Auditors pursuant to § 10 para 4, 4. decisions on appeals in accordance with § 10 par. 6 and 9, 5. regard to revoke the recognition as a quality auditor, 6 revocation request in accordance with section 10 para 8 No. 6, 6a.
Decisions on appeals in accordance with § 15 ABS. 1a, 7 knowledge imparted certificates pursuant to § 15 par. 3, 7a.
Revocation of certificates granted in accordance with article 15, paragraph 4, 8 notice of measures pursuant to § 16 para 2, 8a.
Acknowledgement messages according to § 16 para 8, 9 decisions on appeals pursuant to § 17 para 2, 10 decisions on appeals in accordance with section 18 para 2 and § 18a, 10a.
Receiving of messages according to § 18b, 11 receipt of activity reports and arranging the supervision of examinations pursuant to section 19 para 6, 12 receipt of notices pursuant to section 19 para 8, 13 approval of the rules of procedure, in accordance with section 19 para 10, 14 monitoring of the adequacy and functioning of the quality assurance system, 15 making recommendations regarding the further development and improvement of the quality assurance system and the structure of the quality assurance policy in accordance with section 22 , 16 create of an annual public report, and to publish the results of external quality assurance system in accordance with §§ 2-18a and the investigations pursuant to § 20 paragraph 7 to March 31 of the following year in the Internet on the website of the quality control authority are 17 maintaining of the public register, 17a,.
"Messages to the rectification of the transparency report in accordance with § 24 para 3, 17 b. acceptance of ads in accordance with § 24 para 4 and 18 body responsible for European and international cooperation in matters of external quality inspection, public supervision and the special investigations at final exams in the meaning of this federal law."

20 paragraph 20 paragraph 8:

"(8) the quality control authority has to give an order."

21. in section 22 par. 2 Z 4 the comma by the Word will end "and" replaced, in the Z 5 is at the end of the word "and" is replaced by a point.

22 section 22 par. 2 No. 6 is eliminated.

23 paragraph 23 paragraph 1:

"(1) the quality control agency has a public register of all statutory auditors and audit firms that have concluded an upright certificate referred to in section 15 including one pursuant to § 2 para 4, and thus as a certified auditor and approved audit firms apply to lead."

Fischer

Faymann