Amendment Of The Audit Quality Assurance Act

Original Language Title: Änderung des Abschlussprüfungs-Qualitätssicherungsgesetzes

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89. Federal Act to amend the Audit Quality Assurance Act

The National Council has decided:

The statutory audit quality assurance law, BGBl. I No 84/2005, as last amended by BGBl. I No 60/2010, shall be amended as follows:

1. In the table of contents, the " § 15. Issue of the certificate " the following entry is inserted:

" § 15a. Issuing of a certificate in the event of a new examination of an audit firm "

2. § 5 (3) and (4) reads:

" (3) The external quality audit work committee shall, without delay, appoint one of the proposed external quality inspectors if the order requirements are met. Each order of a quality inspector has to be brought to the attention of the quality control authority immediately after the relevant documents have been received. The quality control authority may declare the order to be void within two weeks from the date of the order, if one of the conditions for ordering has not been fulfilled. In the event that an order requirement is later withdrawn, the working committee for external quality audits or the quality control authority may withdraw the order within two weeks from the date of its notice, if this is to ensure a proper functioning of the system. Quality testing is essential. In this case, Section 9 (3) shall apply mutatily.

(4) The external quality audit work committee shall, without delay, give the auditor or the audit firm to be audited the opportunity to comment and improve the proposal if he/she is responsible for the It is considered that not all proposed quality inspectors meet the requirements of the order. "

Section 10 (4) to (6) reads as follows:

" (4) The external quality audit work committee shall recognise a natural person or an audit firm as a quality inspector, if the conditions set out in paragraph 2 or 3 are met. The work committee for external quality audits has to issue a certificate of recognition. Each recognition of a quality inspector has to be brought to the attention of the quality control authority immediately after the relevant documentation has been received.

(5) The work committee for external quality audits shall have a list of quality inspectors. Recognised quality inspectors must be included in this list from their own point of view.

(6) The Working Committee for External Quality Checks has to issue a written communication on the failure of the recognition. The appeal of the appeal is against this decision. The quality control authority has to decide on the appointment. "

4. § 10 (8) and (9) reads:

" (8) The work committee for external quality audits has to revoke the recognition of a quality inspector, if:

1.

a quality inspector has been subject to a disciplinary penalty, the underlying professional offence of which preclude suitability as a quality inspector, or

2.

a quality inspector has not carried out extensive activities for more than three years to carry out statutory audits; or

3.

a quality inspector does not comply with his obligation under paragraph 7, or

4.

a quality inspector does not meet his or her training obligations, or

5.

one of the conditions for recognition is no longer available, or

6.

the quality control authority requires the revocation, because a condition for recognition is not available or is not available.

(9) The Working Committee for External Quality Checks has to issue a written communication on the revocation of the recognition. The appeal of the appeal is against this decision. The quality control authority has to decide on the appointment. "

Section 13 (7) reads as follows:

"(7) The work committee for external quality audits shall be entitled to apply the written test report's additions to the quality verifier."

6. § 14 together with the title is:

" Certificate

§ 14. The work committee for external quality audits shall evaluate the written test reports submitted to it within a period of six weeks after receipt and on the issue or failure of a certificate in respect of the To decide to participate in the external quality test in accordance with § § 15 to 17. "

7. § 15 Paragraph 1 is:

" (1) The work committee for external quality audits has to certify the successful participation in the external quality test after the evaluation of the written test report, if:

1. (a)

No or only insignificant defects in the quality assurance measures have been identified by the quality inspector, who have led to a final assessment pursuant to § 13 para. 2 or

b)

have been identified as significant defects in the quality assurance measures by the quality inspectors, which have led to restrictions on the final assessment in accordance with Section 13 (3), and

2. a)

in carrying out the external quality inspection, the provisions of this Federal Act and the Quality Assurance Directive have not been seriously violated; or

b)

in fact there are no significant shortcomings in quality assurance, which in general lead to a serious impairment of the proper functioning of the profession. "

8. § 15 para. 2 reads:

" (2) The certificate shall be limited until the date on which the next external quality check is to be carried out. The validity of a certificate shall expire one month after the expiry of the period. If the external quality check has been completed not earlier than three months before and not later than one month after the deadline of the last certificate, the date of the new deadline shall be the date after the expiry date of the last certificate. The certificate shall also indicate the date of the next external quality check. The certificate must be sent immediately to the audited auditor or the audited audit firm. "

9. In accordance with § 15, the following § 15a and heading is inserted:

" issuing of a certificate in the event of a re-admission of an audit firm

§ 15a. (1) In the event of a re-admission of an audit firm, a certificate according to § 15 shall be limited to a period of not more than 18 months.

(2) After the expiry of ten months after

1.

Erasing the validity of the certificate in accordance with § 15 para. 2 or

2.

Erasing the certificate according to § 18b or

3.

Revocation of the certificate pursuant to § 15 (4) or

4.

Revocation of the certificate pursuant to § 18 or

5.

Withdrawal of the certificate in accordance with § 18a or

6.

the deletion of the registration of a statutory auditor or an audit firm from the public part of the public register because the rights arising from a certificate issued in accordance with § 15 of the auditor or of the auditor are deleted by the auditor or the public register. the audit firm was no longer exercised or could no longer be exercised, or

7.

Renunciation of a certificate issued in accordance with § 15,

once again issued a certificate, it shall be limited to a period of not more than 18 months. "

10. § 16 (1) and (2) reads:

" (1) The external quality audit work committee may, irrespective of the issue of a certificate, order measures where:

1.

Deficiencies in the audited audit operation are available or

2.

in the course of carrying out the external quality inspection, the provisions of this Federal Act or the Quality Assurance Directive have been violated in accordance with Section 22.

(2) The work committee for external quality audits may order the following measures:

1.

the demonstrable elimination of the deficiencies;

2.

the reduction of the deadline for the next external quality check; and

3.

a special examination. "

Article 16 (3) reads as follows:

" (3) If a special examination is arranged, the work committee for external quality audits shall appoint a quality inspector for this purpose and, for the audit firm to be audited, shall be required to appoint a quality inspector for the audit firm. to pay the fee. "

12. § 16 (5) and (6) reads:

" (5) The audited auditor or the audited audit firm shall be consulted prior to the arrangement of a measure pursuant to paragraph 2. No separate appeal shall be admissible against orders pursuant to paragraph 2.

(6) However, the arrangement of measures shall not be required if the audited auditor or the audited audit firm waives the issue of a certificate. "

13. § 17 (2) reads:

" (2) The employment committee for external quality audits shall be required to issue a written communication on the failure of the certificate. In the explanatory statement of this decision, the circumstances and conditions which may lead to the obtaining of a certificate shall be found. The appeal of the appeal is against this decision. The quality control authority has to decide on the appointment. "

14. § 18 (1) and (2) reads:

" (1) The Working Committee on external quality audits has to revoke a certificate issued if:

1.

it is subsequently found that a certificate was not to be issued, or

2.

a statutory auditor under the external quality test or an audit company subject to the external quality audit of an order pursuant to Section 16 (2) does not comply with the obligations of the Supervisory Board.

(2) A written communication shall be issued by the Working Committee for External Quality Checks on the revocation of the certificate. In the explanatory statement of this decision, the circumstances and conditions which may lead to the obtaining of a certificate shall be found. The appeal of the appeal is against this decision. The quality control authority has to decide on the appointment. "

15. § 19 (1) reads:

" (1) For the implementation of the quality assurance system, a work committee for external quality audits shall be established. The seat of the working committee is Vienna. The work committee for external quality audits shall establish a place of business with adequate staffing equipment. "

16. § 19 (6) reads:

" (6) The external quality audit work committee shall, to the extent that another body is not expressly competent to carry out all matters and tasks relating to the enforcement of the quality system, shall have an annual activity report on the quality system. to produce the results of the external quality audits and to submit the results to the quality control authority, and to supervise tests on behalf of the quality control authority. "

17. § 19 (10) reads:

" (10) The work committee for external quality audits shall have its own rules of procedure. This requirement shall be subject to the approval of the quality control authority. "

18. § 20 (1) reads:

" (1) A quality control authority is to be established at the Federal Ministry for Economic Affairs and Labour. At the Federal Ministry for Economic Affairs and Labour, a business office with sufficient human resources is to be set up for the quality control authority. "

19. § 20 (6) reads:

" (6) The quality control authority shall carry out the following tasks:

1.

Take note of orders made and decisions concerning the nullity and revocation of an order to the quality inspector pursuant to § 5 (3),

2.

Decisions concerning the admissibility of a proposal for the appointment of a quality inspector pursuant to Article 5 (5),

3.

Orders of quality inspects pursuant to § 5 (5),

3a.

Receipt of reports pursuant to § 9 (3),

3b.

Acceptance of recognitions as quality inspectors in accordance with § 10 (4),

4.

Decisions on vocations pursuant to § 10 (6) and (9),

5.

Knowledge of revocation of recognition as a quality inspector,

6.

Revocation requests pursuant to § 10 para. 8 Z 6,

6a.

Decisions on vocations pursuant to § 15 (1a),

7.

Identification of certificates issued in accordance with § 15 (3),

7a.

Revocation of certificates issued in accordance with § 15 (4),

8.

Taking note of measures pursuant to § 16 (2),

8a.

Knowledge of communications pursuant to § 16 (8),

9.

Decisions on vocations in accordance with § 17 (2),

10.

Decisions on vocations pursuant to § 18 (2) and (18a),

10a.

Receipt of notifications pursuant to Section 18b,

11.

Receipt of activity reports and instigation of the supervision of examinations pursuant to section 19 (6),

12.

Receipt of communications pursuant to section 19 (8),

13.

Approval of the Rules of Procedure pursuant to Article 19 (10),

14.

monitoring of the adequacy and functioning of the quality system,

15.

submission of recommendations concerning the development and improvement of the quality assurance system and the design of the quality assurance directive in accordance with § 22,

16.

Creation of an annual public report, whereby the overall results of the external quality assurance system in accordance with § § 2 to 18a and the special investigations pursuant to § 20 (7) to the 31st of March of the following year on the Internet on the website of the the quality control authority shall be published;

17.

the management of the public register;

17a.

Communications on the rectification of the transparency report pursuant to § 24 (3),

17b.

Receipt of advertisements pursuant to section 24 (4) and

18.

competent authority for European and international cooperation in matters of external quality control, public oversight and special investigations of statutory audits within the meaning of this Federal Law. "

Article 20 (8) reads as follows:

"(8) The quality control authority shall have its own rules of procedure."

21. In § 22 (2) (4) (4), at the end of the apporation by the word "and" replaced, in the Z 5 the word at the end "and" is replaced by a point.

22. § 22 (2) Z 6 deleted.

23. § 23 (1) reads:

" (1) The quality control authority shall have a public register of all statutory auditors and audit firms which have an upright certificate in accordance with § 15, including one pursuant to § 2 para. 4, and thus as authorized auditor and approved audit firms. "

Fischer

Faymann