10. Federal Law, with which the Audit Quality Assurance Act and the Economic Scatter Trade Act are amended

The National Council has decided:

Article 1

Amendment of the statutory audit-quality assurance law

The statutory audit quality assurance law, BGBl. I n ° 84/2005, in the version of the Federal Law BGBl. I n ° 142/2006 and the Federal Ministries Act of 2009, BGBl. I No 3 shall be amended as follows:

1. The table of contents is:

" TOC

1. Main piece: System of external quality inspection and public oversight

1. Section: General

§ 1. Definitions

§ 1a. Activities of auditors and audit firms

§ 1b. Continuous training

§ 1c. Notification of dismise and resignation

2. Section: System of external quality check

§ 2. Quality assurance measures

§ 3. External Quality Check

§ 4. Quality Checks Intervals

§ 5. Order of quality inspector

§ 6. Independence of the quality inspector

§ 7. Remuneration of the quality inspector

§ 8. Duty of co-action

§ 9. Announcement of the order

§ 10. Quality inspectors

§ 11. External quality audits by audit firms

§ 12. Qualified wizards

§ 13. Audit report

§ 14. Certificate

§ 15. Issue of the certificate

§ 16. Arrangement of measures

§ 17. Failure to certify

§ 18. Revocation of the certificate

§ 18a. Withdrawal of the certificate

§ 18b. Attestation of the certificate

Section 3: Authorities and public oversight

§ 18c. Authorities

§ 19. Working Committee for External Quality Checks

§ 20. Quality control authority

§ 20a. Cooperation with the competent authorities

§ 20b. Procedural rules

§ 21. Confidentiality of Obligations

§ 22. Quality assurance policy

4. Section: Registration

§ 23. Public register

Section 5: Transparency Report

§ 24. Transparency Report

2. Main piece: European and international cooperation

Section 1: Admission of auditors and audit firms from Member States of the European Communities, of the Contracting States of the European Economic Area or of Switzerland

§ 25. Approval of auditor and aptitude test

§ 25a. Approval of audit firms

Section 2: Registration of auditors and audit firms of companies with securities on regulated markets from third countries

§ 25b. Registration of auditors

§ 25c. Registration of audit firms

§ 25d. Exclusions for equivalence

Section 3: Cooperation of competent bodies

§ 25e. Cooperation with the competent authorities in the Member States of the European Communities, the Contracting States of the European Economic Area or Switzerland

§ 25f. Cooperation with the competent bodies of third countries

3. Main item: Financing of the quality assurance system, penal provisions and final provisions

1. Section: Funding

§ 26. Paying agency

Section 2: Penal provisions and final provisions

§ 27. Criminal provisions

§ 27a.Exchange-side assistance obligations

§ 27b.Implementation of EU law

§ 28. Linguistic equality

§ 29. Relationship to other federal laws

§ 30. Transitional provisions

§ 31. entry into force

§ 32. Enforcement "

2. The following names and headings shall be prefixed to § 1:

" 1. Main item

System of external quality control and public oversight

Section 1

General "

3. § 1 reads:

" § 1. In the sense of this federal law, is

1.		"statutory audits" statutory audits according to Austrian law,
2.		"auditor" means all natural persons carrying out statutory audits,
3.		"audit companies" means all companies-whatever legal form-that carry out statutory audits, including the Savings Banks Audit Association, as well as the audit associations,
4.		"Audit associations" means all those associations and cooperatives which, according to § 19 of the Cooperative Review Act 1997 (GenRevG 1997), BGBl. I n ° 127/1997, as audit associations,
5.		the "Sparkassen-Examinverband" (Sparkassen-Examination Association) a public corporation under § 24 of the Sparkassengesetz (SpG), BGBl. No 64/1979,
6.		"statutory auditor from a third country" means all natural persons who carry out statutory audits in accordance with the law of the third country of companies registered in a third country and are registered in Austria in the public register in accordance with § 23 and
7.		"Examination companies from a third country" means all companies-whatever legal form-that carry out statutory audits in accordance with the law of the third country of companies registered in a third country, and in Austria in the public register are registered in accordance with § 23. "

4. According to § 1, the following § § 1a to 1c together with the headings are inserted:

Activities of auditors and audit firms

" § 1a. Professional auditors, registered auditors and audit firms are authorized to carry out the final examinations in accordance with § 1 Z 1. Professional auditors and audit firms as well as registered revisors without an employment relationship to a revision association require an upright certificate according to § 15.

Continuous training

§ 1b. (1) The statutory auditor and those employees of a statutory auditor or an audit firm, who play a decisive role in the performance of final examinations, shall be obliged to continue to form the auditor.

(2) The continuous training has the subject areas within the meaning of § 35 Z 1, 2, 3, 5 and 6 of the Economic Scatter Trade Act (WTBG), BGBl. I No 58/1999. The time-scale of continuous training shall be at least 120 hours within a period of three years, but at least 30 hours per calendar year.

(3) The auditors of the auditors ' associations are also subject to the obligation to provide continuous further training pursuant to paragraph 1 above, for the purposes of Section 16 (2) of the Cooperative Review Act (GenRevG), BGBl. I n ° 127/1997, and the auditor of the Savings Banks Audit Association.

(4) The statutory auditor and those employees of a statutory auditor or an audit firm who are instrumental in carrying out statutory audits shall have a written record of the following year until 31 March of the following year. to submit the completed advanced training to the work committee for external quality audits. In the case of audit firms, this obligation to report can be met by the audit firm providing this evidence for its respective auditors and those employees who are significantly involved in the performance of statutory audits in senior management. Function, collected, collected by the Working Committee for External Quality Checks.

Notification of dismise and resignation

§ 1c. (1) Auditor and audit firm or The quality control authority shall report to the quality control authority without delay if it resigned from a statutory audit or Appoint a statutory auditor or an audit firm.

(2) Notifications in accordance with paragraph 1 must be made in writing and stating reasons for the resignation or the convocation shall take place.

(3) The judicial revitalisation as the appointed auditor shall be reported to the Quality Control Board by the Revisionsverband forthwith. The notification shall be made in writing, following the proof of the judicial revelation. "

5. § 2 shall be preceded by the following section title and section heading:

" 2. Section

System of external quality control "

6. In § 2 (2) (1) (1), after the words "the safeguarding of independence" the words "and the secrecy" inserted.

7. § 5 (2) reads:

" (2) The work committee for external quality audits shall immediately examine the proposal as to whether all proposed quality inspectors have a proper quality check, taking into account the adequacy of the fee in accordance with § 7 para. 3 . The three-way proposal must be rejected if the conditions of Section 7 (3) are not fulfilled within two weeks. The respective auditor or the respective audit firm shall then be requested to submit a new three-way proposal. "

8. In accordance with § 7 (3), the following paragraph 4 is added:

"(4) The payment of the fee of the quality inspector shall be made by the working committee for external quality checks in accordance with § 26."

9. § 10 para. 2 Z 1 reads:

" 1.		at least five years of experience, mainly the implementation of a number of statutory audits per year as an auditor, auditor, registered auditor or auditor of the Sparkassen-Examination Association. "

10. § 10 (7) reads:

"(7) Quality inspectors shall be obliged to submit to the Working Committee for external quality audits every three years after their recognition of their activity as auditor and of their training."

11. § 13 (1) reads:

" (1) The quality inspector has to write a written test report on the external quality test. The written test report shall contain:

1.		the subject matter, the nature and scope of the examination,
2.		the findings concerning the external quality audit,
3.		a final assessment and
4.		a separate note in the event that the quality inspector has become aware of the possible realization of a situation in accordance with Article 18a (1) by a statutory auditor in the performance of the external quality check. "

12. In § 14, the word order shall be "in accordance with § § 15 et seq." through the phrase "in accordance with § § 15 to 17" replaced.

13. According to Article 15 (1), the following paragraph 1a is inserted:

" (1a) Where an auditor is either employed or otherwise associated with the audit firm in accordance with Article 18a (1), a certificate shall be issued for the purpose of the audit firm, which shall be required to: the audit firm, which states that the auditor who carried out the facts is not covered by this certificate. Such a certificate shall be issued in writing. The appeal to the quality control authority shall be admissible against this decision. "

14. According to Article 16 (2), the following paragraph 2a is inserted:

" (2a) The respective auditor or auditor respectively. the audit firm in question has to implement the measures taken pursuant to paragraph 2 (1) (1) within a reasonable period to be determined by the work committee for external quality audits, but at the latest within nine months. A presentation of the measures taken shall be submitted in writing to the work committee for external quality audits. "

15. According to § 18, the following § § 18a and 18b including the headings are inserted:

" Withdrawal of the certificate

§ 18a. (1) The external quality audit work committee shall withdraw the certificate of successful participation in the external quality audit to a statutory auditor or an audit firm if:

1.		the auditor or the audit company negligently or intentionally § 271 para. 2 Z 1, 2, 4, 5, 6 or 7, para. 3 or paragraph 4, first or second sentence, para. 5, § 271a, § 271b or § 275 para. 1 of the Company Code (UGB), dRGBl. S 219/1897, and
2.		This has resulted in a serious impairment of the proper functioning of the profession.

(2) The work committee for external quality audits shall issue a written communication on the withdrawal of the certificate from a statutory auditor. The appeal of the appeal is admissible against this decision. The quality control authority has to decide on the appointment.

(3) In the event of the achievement of a condition pursuant to paragraph 1 by a statutory auditor of an audit firm, the Working Committee for External Quality Checks has to issue a written communication. In this communication, the working committee for external quality audits has to agree that the auditor, who has carried out a crime in accordance with paragraph 1, no longer collects the certificate of the audit company in accordance with § 15 is. The appeal of the appeal is admissible against this decision. The quality control authority has to decide on the appointment. With the legal force of this decision, a new certificate for the examination company shall be issued by the working committee. This new certificate shall show that the auditor, who has carried out the facts in accordance with paragraph 1, is no longer covered by this certificate.

(4) In the cases referred to in paragraph 3, the original written certificate shall be immediately sent to the Working Committee for External Affairs by the statutory auditor or the audit firm or the audit association or the Savings Banks Examination Association. To postpone quality checks.

(5) The withdrawal of the certificate shall be valid until the next external quality check, but at the latest for a period of three years.

(6) The withdrawal of the certificate shall be published in the annual public report of the quality control authority in accordance with § 20 (6) Z 16. The withdrawal of the certificate shall be shown in the public register in accordance with § 23.

Attestation of the certificate

§ 18b. The certificate in accordance with § 15 shall be issued at the same time as the revocation of the professional auditor, but at the latest with the date of the enunciation of a continuation right in accordance with § § 107 ff WTBG. The Chamber of Economic Scatters shall report the erasure of the professional auditor of the quality control authority electronically or in paper form, following the corresponding evidence. The quality control authority shall immediately carry out this deletion of the relevant auditor or of the respective audit firm in the public register in accordance with Section 23. "

16. In accordance with § 18b the following section title and section title as well as the following § 18c with headline are inserted:

" 3. Section

Authorities and public oversight "

Authorities

" § 18c. (1) Authorities are

1.		the work committee for external quality audits and
2.		the quality control authority as an appellate authority, with the exception of the administrative criminal procedure.

(2) Public oversight of the quality assurance system shall be the responsibility of the last instance of the quality control authority. "

17. The following sentence shall be added to section 19 (1):

"The work committee for external quality audits shall establish a place of business with sufficient staffing equipment."

18. In § 19 (2), the second sentence is deleted.

19. In accordance with section 19 (5), the following paragraph 5a is inserted:

" (5a) The work committee for external quality audits shall act exclusively in the public interest. The working committee for external quality audits shall have legal personality, insofar as it is necessary for the performance of its statutory tasks. "

20. § 19 (8) reads:

" (8) The work committee for external quality audits has

1.		to communicate to the Chamber of Economic Scatterers, the Savings Banks Examination Association and the Quality Control Board, if, in the context of external quality audits, the suspicion of revocation is suspected in accordance with § 104 or § 105 WTBG, and
2.		inform the association of Austrian audit associations and the quality control authority if, in the context of external quality audits, the suspicion of the presence of revocation reasons in accordance with § 18 GenRevG 1997 or the reasons for the withdrawal in accordance with § 22 GenRevG 1997. "

21. In § 20 (1), according to the words "is a business unit for the quality control authority" the words "with sufficient staffing" inserted.

22. § 20 (2) reads:

" (2) The quality control authority shall consist of six members. The members and substitute members of the quality control authority are voluntary and are entitled to cost replacement. The members and substitute members of the quality control authority shall be entitled to a reasonable remuneration, the amount of which shall be determined by the Federal Minister for Economic Affairs and Labour. The members of the quality control authority shall not be members of the Chamber of Economic Scatters or Registered Revisors or Revisors of the Savings Banks Examination Association. Members of the quality control authority must, in particular, be active or have been active in the fields of accounting, finance, science or case-law, and must have appropriate knowledge in the fields of the performance of the activities of the quality control authority of the relevant areas of the audit. "

23. In accordance with § 20 (3), the following paragraph 3a is inserted:

" (3a) The quality control authority shall act exclusively in the public interest. Their members and substitute members shall not be bound by any instructions with regard to the exercise of the duties assigned to them under this Federal Act and the Regulations to be adopted for this purpose. "

(24) The following sentence shall be added to Article 20 (4):

"In the cases of § 5 (3), third sentence, a circulation decision shall be admissible."

25. In § 20 (6) Z 10, after the expression "18 (2)" the expression "and § 18a" inserted.

26. § 20 (6) Z 16 and Z 18 are:

" 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, "
" 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. "

27. § 20 (7) reads:

" (7) The quality control authority shall be entitled to:

1.		to obtain information on the state of the procedure from the quality inspector and from the work committee for external quality audits in each situation of an external quality test,
2.		to set appropriate measures to ensure the adequacy and operability of the quality system,
3.		to carry out the implementation of the external quality inspection and
4.		Special investigations should be carried out. "

28. In accordance with Article 20 (8), the following paragraphs 9 to 12 are added:

" (9) The quality control authority is responsible for public oversight. This includes monitoring

1.		the performance of the auditor's activities and of the audit firms in accordance with § 1a,
2.		continuous training in accordance with § 1b and
3.		Special investigations pursuant to § 20 (7).

(10) The quality control authority is entitled to obtain at any time information on the acceptance of professional regulations concerning the performance of the activity of the final examination from the Chamber of Economic Scatterers.

(11) The quality control authority is subject to the supervision of the Federal Minister for Economic Affairs, Family and Youth. There is no secrecy in relation to the Federal Minister for Economic Affairs, the Family and Youth. In particular, the quality control authority shall:

1.		to fulfil the tasks assigned to it by the provisions of this Federal Act and the Regulations to be adopted by this Act and, in the event of their duties, not to infringe the laws and regulations and not to exceed their duties,
2.		To provide the Federal Minister for Economic Affairs, the Family and Youth with information on request, to grant access to the file and to have examinations carried out on the spot and
3.		to inform the Federal Minister for Economic Affairs, Family and Youth of the annual public report drawn up pursuant to Article 20 (6) (16).

(12) The financing of the quality control authority shall be ensured by the Federal Government. "

29. According to § 20, the following § § 20a and 20b together with the headings are inserted:

Cooperation with the competent authorities

§ 20a. (1) The quality control authority shall be the competent authority for special investigations pursuant to Section 20 (7) in cooperation with the competent authorities of other Member States of the European Communities or of a State Party to the Agreement on the European Economic Area or Switzerland. The quality control authority shall cooperate with these competent authorities and shall provide assistance to those authorities. The confidentiality of the information exchanged shall be ensured by the quality control authority.

The quality control authority may request the competent authority of another Member State of the European Communities or of a State Party to the Agreement on the European Economic Area or Switzerland, on the territory of which the latter is situated to have a special investigation carried out. In this case, the quality control authority shall be entitled to accompany the relevant competent body in the implementation of the special investigation. The quality control authority may, within the meaning of paragraph 1 in Austria, apply to the competent authorities of other Member States of the European Communities, of a Contracting State of the Agreement on the European Economic Area or of Switzerland Special investigations and in the case of an investigation by the Chamber of Business Scatterers under the condition that they are subject to the obligation to be subject to confidentiality.

(3) § § 25e and 25f are to be applied in a reasonable way.

Procedural rules

§ 20b. The Working Committee on External Quality Checks and the Quality Control Authority have the General Administrative Procedure Act 1991 (AVG), BGBl, when conducting administrative procedures. No 51. In proceedings relating to administrative transgressions, unless expressly stated otherwise, the Administrative Code Act 1991 (VStG), Federal Law Gazette (BGBl). No 52. The Administrative Enforcement Act 1991 (VVG), BGBl, is a procedure for administrative enforcements. No 53. "

30. § 21 (1) reads:

" (1) The rules on the obligation of confidentiality in accordance with § 91 of the WTBG and special confidentiality obligations, which exist for the auditors to be examined or for the audit companies to be audited, shall apply to:

1.		the quality inspectors,
2.		their qualified assistants,
3.		the members and replacement members of the Working Committee for External Quality audits,
4.		the members and replacement members of the quality control authority,
5.		the staff entrusted with the management of the Employment Committee for external quality audits and the quality control authority,
6.		the investigative body referred to in Article 20 (7) and
7.		the experts accompanying special investigations pursuant to Article 20 (7). "

31. § 23 shall be preceded by the following section title and section heading:

" 4. Section

Registration "

32. § 23 reads:

" § 23. (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 and thus as eligible auditors and approved audit firms shall apply.

(2) The management of the public register shall be carried out electronically. The public register must be accessible free of charge to everyone.

(3) The public register shall include the authorities responsible for statutory auditors and audit firms for approval, quality control and public supervision and, furthermore, the following information:

1.		the name or the company,
2.		the place of residence or the principal residence,
3.		the nature of the right to work,
4.		the registration number,
5.		where applicable, the names, addresses and registration number of the audit firms in which the auditor is employed or who he is a member of or is associated with in another form,
6.		a contact person and, where appropriate, the Internet address of the auditor and
7.		Registrations as auditors to the competent authorities of other Member States of the European Communities, other States Parties to the Agreement on the European Economic Area, Switzerland or third countries, including the Name of the regulatory authorities and, where applicable, the registration numbers.

(4) For audit firms, the public register shall also contain the following information:

1.		the legal form,
2.		the address of the law firm, the branch and the outsourced departments;
3.		the name, address and registration number of all statutory auditors employed or associated with or otherwise associated with the audit firm,
4.		an indication of membership of a network pursuant to Section 271b (1) of the UGB and a list of the names and addresses of the member companies and their affiliates, or an indication of where such information is publicly available ,
5.		other registrations as an audit firm with the competent authorities of other Member States and as an audit firm in third countries, including the names of the registration authorities and, where appropriate, the registration numbers;
6.		a contact person and, where appropriate, the Internet address of the audit firm and
7.		Names and addresses of the members and members of the body of a legal person appointed to represent the legal representation, as well as the names and addresses of the authorized representatives and the other members of a civil society.

(4a) In the case of statutory auditors and audit firms authorised in another Member State of the European Communities or a State Party to the Agreement on the European Economic Area or Switzerland, the public To set up a separate main piece of register. The provisions of paragraphs 3 and 4 shall apply.

(4b) For auditors and audit firms authorised in a third country, it is necessary to establish its own main item in the public register. The provisions of paragraphs 3 and 4 shall apply. In the case of entry in the public register, a certified copy of the social contract or the public register shall be published. shall be annexed to the Statute.

(5) The statutory auditors and audit firms held in the public register shall be required to provide without delay the documents required for the establishment and management of the public register referred to in paragraphs 2 to 4 and any modification of the documents required by the public register in accordance with the provisions of the public registers, the quality control authority shall be notified without delay. The quality control authority shall carry out updates without delay.

(6) Everyone shall be empowered, in accordance with technical and human resources, to provide free access to the public register by means of automated data transmission and to draw up copies or extracts therefrom.

(7) The respective auditor or auditor is responsible for the correctness and completeness of the registration made in the public register and for the change of information. responsible for the respective audit firm. If the data is transmitted electronically, the respective auditor and the respective audit firm certify the correctness and completeness of the data by an advanced electronic signature within the meaning of Article 2 (2) of the Directive 1999 /93/EC on a Community framework for electronic signatures.

(8) The public register shall be held in the German language. However, it is for the quality control authority to allow several official languages of the European Communities for the registration of information. Translations shall be submitted in a certified way.

(9) The charging of the entries is made in accordance with the Fees Act 1957, BGBl. No. 267. "

33. § 24 shall be preceded by the following section title and section heading:

" 5. Section

Transparency Report "

34. § 24 reads:

" § 24. (1) statutory auditors and audit firms which have to undergo an external quality assessment at intervals of three years shall be obliged to carry out on their website no later than three months after the end of the financial year. publish a transparency report containing at least the following:

1.		a description of their legal form and ownership;
2.		where the audit firm is a member of a network, a description of that network, including its legal and other structure,
3.		a description of the governance structure of the audit firm;
4.		a description of their internal quality control system and a statement by the administrative or management body on its effectiveness,
5.		the date of the last quality check within the meaning of this Federal Law,
6.		a list of companies of public interest pursuant to section 4 (1), for which the audit firm carried out at least one statutory audit in the previous year,
7.		a declaration on the measures taken by the audit firm to ensure its independence, which also confirms that an internal review of compliance with the independence requirements has taken place,
8.		a statement on the way in which the audit firm is engaged in the continuous training of auditors required in accordance with § 1b,
9.		Financial information indicating the importance of the audit firm, such as the total turnover, broken down by fees paid for the audit of annual accounts and consolidated accounts, and the fees paid by the company for other audit services, tax advisory services and other benefits, and
10.		Information on the fact that the remuneration of the shareholders is measured.

(2) The transparency report shall be signed by the relevant auditor or by the respective audit firm. This may also be done by means of an advanced electronic signature within the meaning of Article 2 (2) of Directive 1999 /93/EC on a Community framework for electronic signatures.

(3) If deficiencies in the internal quality assurance system of the respective audit firm have been identified in the context of a special investigation pursuant to § 20 (7), the audit company shall be informed by the the quality control authority shall arrange for the immediate correction of the transparency report to be made.

(4) The publication of the transparency report shall be notified to the quality control authority in writing without delay. "

35. § § 25 to 29 receive the paragraphs "§ 28." to "§ 32." ; in accordance with § 24, the following main piece shall be inserted:

" 2. Main item

European and international cooperation

Section 1

Approval of auditors and audit firms from Member States of the European Communities, of the Contracting States of the European Economic Area or of Switzerland

Approval of auditor and aptitude test

§ 25. (1) statutory auditors admitted as auditors in another Member State of the European Communities or in another State Party to the Agreement on the European Economic Area or Switzerland shall have a statutory auditor Proof of the professional conditions required for the performance of a final examination in accordance with § 1 Z 1.

(2) Conditions for the admission of statutory auditors authorised in another Member State of the European Communities, in a State Party to the Agreement on the European Economic Area or Switzerland, are:

1.		the nationality of a Member State of the European Communities or of a Contracting State of the Agreement on the European Economic Area or Switzerland;
2.		the right of entitlement, in the country of origin, to the performance of the auditor's activities;
3.		the subjection to a quality system in the country of origin under Directive 2006 /43/EC on statutory audits of annual accounts and consolidated accounts, and
4.		an upright property-liability insurance pursuant to § § 11 and 88 (1) WTBG.

(3) The application for authorisation shall be addressed to the work committee for external quality audits. The application shall be connected to:

1.		proof of identity,
2.		the proof of nationality;
3.		proof of the right to exercise the duties of the auditor in the country of origin,
4.		confirmation of submission to a quality system in the country of origin, in accordance with Directive 2006 /43/EC,
5.		the certificate in accordance with § 53 of the WTBG (WTBG) in the event of lack of equivalence in accordance with
6.		the confirmation of the right-of-property liability insurance in accordance with § § 11 and 88 (1) WTBG.

(4) The admission to the performance of the auditor's activities shall be carried out if:

1.		the conditions laid down in paragraph 2 are met and
2.		the claimed qualification for the performance of the auditor's activity in the country of origin of the activity sought in Austria to exercise final examinations is equivalent.

(5) The qualification for the performance of the auditor's activities shall be based on the presentation of a proof in the sense of Art. 11 lit. e Directive 2005 /36/EC on the recognition of professional qualifications for the performance of the auditor's activities. Proof shall be placed on the same level as any evidence or set of qualification certificates issued by a competent authority in a Member State, provided that they complete a qualification acquired in the Community, and shall be recognised as equivalent by that Member State and shall give the same rights or prepare for the pursuit of that activity with regard to the taking up or pursuit of the activities of the auditor.

(6) The lack of equivalence of the claimed qualification for the activities of the auditor must be compensated for by the completion of an aptitude test. Under an aptitude test, tests within the meaning of Art. 3 (1) (lit) are required. (h) Directive 2005 /36/EC.

(7) The conditions for admission to the aptitude test of auditors from another Member State of the European Communities, a State Party to the Agreement on the European Economic Area or Switzerland in Austria are:

1.		the nationality of a Member State of the European Communities or of a Contracting State of the Agreement on the European Economic Area or Switzerland;
2.		an establishment in another Member State of the European Communities or in a Contracting State of the Agreement on the European Economic Area or in Switzerland; and
3.		the right to carry out statutory audits in the State of establishment.

(8) The work committee for external quality audits has to check the evidence for its completeness. After verification of the application in accordance with paragraph 3, the working committee for external quality audits of the Chamber of Economic Scatterers shall submit the documents for the purpose of carrying out the aptitude test. If the evidence has not been provided in full, the working committee for external quality audits has to demand the missing evidence on the basis of a reasonable period of time. In case of non-provision of proof within the reasonable time limit, the application for admission to the aptitude test must be rejected. The right to appeal to the quality control authority shall be admissible against this decision.

(9) The aptitude test shall be carried out by the Chamber of Economic Scatterers at the seat of the Chamber of Economic Scatterers.

(10) The aptitude test is to be submitted in German and includes the following subject areas within the meaning of Article 3 (1) (lit). h of Directive 2005 /36/EC:

1.		the written preparation of two written examinations in accordance with § § 34 (4), (6), (7) and (29) (2) and (4) WTBG and
2.		the oral answer to examination questions from the subject areas in accordance with § 35 Z 1, 2, 5 and 8 WTBG.

(11) The provisions of § § 17 to 23 and § § 36 to 54 of the WTBG apply to the examination procedure relating to the filing of the aptitude test.

(12) On the basis of the evidence provided pursuant to paragraph 3, the quality control authority shall immediately carry out the registration in the public register in accordance with Section 23 (4a).

(13) The authorisation of statutory auditors authorised in another Member State of the European Communities or in another State Party to the Agreement on the European Economic Area or Switzerland shall take a decision on the admission of auditors to the Work committee for external quality audits with communication. The right to appeal to the quality control authority shall be admissible against this decision.

(14) The granting of the authorisation to pursue the activities of the auditor in the country of origin shall give effect to the authorisation in Austria.

Approval of audit firms

§ 25a. (1) Shareholders of audit firms from another Member State of the European Communities, a State Party to the Agreement on the European Economic Area or Switzerland, are:

1.		natural persons who are authorised to carry out the activities of the auditor in one of those States, or
2.		Companies which have the right to carry out the activity of a final examination in one of these States.

(2) Conditions for the admission of audit companies from another Member State of the European Communities, a State Party to the Agreement on the European Economic Area or Switzerland, are:

1.		the authority required to carry out a statutory audit,
2.		the holding of a majority of the voting rights of the audit firm of companies or of natural persons admitted in their State of origin for the purpose of carrying out a statutory audit,
3.		the holding of the majority of the voting rights of the management and the representation to the outside of natural persons admitted in their State of origin for the performance of a final examination. Where the audit firm has only two managing directors or external representation, at least one of them must be admitted to the performance of a statutory audit in his State of origin, and
4.		the completion of an aptitude test in accordance with § 25 by at least one partner of the examination company.

(3) On the basis of the evidence referred to in paragraphs 1 and 2 above, the quality control authority shall immediately carry out the registration in the public register in accordance with Section 23 (4a). The application shall be a publicly certified copy of the social contract, or shall be annexed to the Statute.

(4) The authorisation of audit firms authorised in another Member State of the European Communities, in a State Party to the Agreement on the European Economic Area or in Switzerland, shall take a decision on: Work committee for external quality audits with communication. The right to appeal to the quality control authority shall be admissible against this decision.

(5) With the Ererase or the omission of the authorisation in the country of origin shall be taken up by the authorisation in Austria.

Section 2

Registration of auditors and audit firms of companies with securities on regulated markets from third countries

Registration of auditors

§ 25b. (1) Auditor from third countries shall be obliged to register in accordance with the provisions of § 23 if they intend to confirm the confirmation of a legally required annual financial statements or consolidated financial statements of a A company established outside the European Community, a Contracting State of the Agreement on the European Economic Area or Switzerland, the transferable securities of which, or other securities issued by you, shall be subject to a regulated Market within the meaning of Section 1 (2) of the Austrian Stock Exchange Act (BörseG) is admitted to trading.

(2) No requirement of registration in the public register according to § 23 consists for statutory auditors and audit firms, who give confirmation endorsements for annual financial statements or consolidated financial statements of issuers pursuant to § 90 paragraph 1 Z 2 BörseG.

(3) Confirmation notices pursuant to para. 1 and 2 for annual accounts or consolidated financial statements issued by auditors or audit firms from third countries which are not registered in the public register in accordance with Section 23 in Austria, no legal effect.

(4) The auditor shall have the audits of the annual and consolidated financial statements in accordance with

1.		the international auditing standards in accordance with § 269a UGB,
2.		the requirements for independence and impartiality laid down for the Austrian auditor in accordance with § § 271, 271a, 271b UGB,
3.		the provisions relating to the agreed remuneration of the auditor in accordance with § 270 UGB
,

(5) The application for registration shall be addressed to the work committee for external quality audits. The application shall be connected to:

1.		proof of identity,
2.		the proof of nationality;
3.		proof of the right to exercise the duties of the auditor in the third country,
4.		proof of the existence of an equivalent qualification for the performance of the auditor's activities in Austria and
5.		the proof of an upstanding property liability insurance pursuant to § § 11 and 88 (1) WTBG.

(6) The work committee for external quality audits has to check the evidence for its completeness. The work committee for external quality audits then has to submit the application with the full evidence of the quality control authority. The quality control authority shall make the registration in the public register in accordance with Section 23 (4b). If the evidence has not been provided in full, the working committee for external quality audits has to demand the missing evidence on the basis of a reasonable period of time. If the evidence is not submitted within the appropriate time limit, the application for authorisation must be rejected. The right to appeal to the quality control authority shall be admissible against this decision.

(7) statutory auditors from third countries are subject to the system of external quality testing in accordance with § § 2 to 18a, the responsibility of Austrian authorities and public oversight in the sense of § § 18b to 22 as well as the criminal determination of § 27.

(8) With the Ererase or the removal of the authorisation in the third country shall be effected from the public register in Austria.

Registration of audit firms

§ 25c. (1) Examination companies from third countries shall be obliged to register in accordance with the provisions of § 23 if they intend to confirm the confirmation of a legally required annual financial statements or consolidated financial statements of a A company established outside the European Community, a Contracting State of the Agreement on the European Economic Area or Switzerland, the transferable securities of which, or other securities issued by you, shall be subject to a regulated Market within the meaning of Section 1 (2) of the Austrian Stock Exchange Act (BörseG) is admitted to trading.

(2) The application for registration shall be addressed to the work committee for external quality audits. The application shall be connected to:

1.		proof of the right to exercise the duties of the auditor in the third country,
2.		proof of the existence of an equivalent qualification of the audit firm and of the auditor carrying out the final examination,
3.		proof of the existence of an equivalent qualification for the performance of the activities of the auditor in Austria by the majority of the natural persons who are members of the management and representation to the outside, who are in the third country have been authorised to carry out a statutory audit,
4.		a publicly certified copy of the social contract, or of the Statute,
5.		the annual publication of the transparency report in accordance with § 24 or equivalent information on the website of the audit firm no later than three months after the end of the financial year; and
6.		the proof of an upstanding property liability insurance pursuant to § § 11 and 88 (1) WTBG.

(3) The work committee for external quality audits has to check the evidence for its completeness. The work committee for external quality audits then has to submit the application with the full evidence of the quality control authority. The quality control authority shall carry out the registration by registering in the public register in accordance with Section 23 (4b). If the evidence has not been provided in full, the working committee for external quality audits has to demand the missing evidence on the basis of a reasonable period of time. If the evidence is not submitted within the appropriate time limit, the application for authorisation must be rejected. The right to appeal to the quality control authority shall be admissible against this decision.

(4) Examination companies from a third country are subject to the system of external quality testing in accordance with § § 2 to 18a, the responsibility of Austrian authorities and public supervision within the meaning of § § 18b to 22 as well as the criminal determination of the § 27.

(5) With the Ererase or the removal of the authorisation in the third country shall be effected from the public register in Austria.

Exclusions for equivalence

§ 25d. (1) The quality control authority may issue a statutory auditor or an audit firm from a third country of

1.		the performance of the external quality inspection according to § § 2 to 18b,
2.		the responsibility of domestic authorities and public supervision in accordance with § § 18c to 20 and
3.		the criminal provisions in accordance with § 27
.

(2) The exception referred to in paragraph 1 shall be granted if equivalence is given in the third country in the areas of subsection 1 (1) (1) to (4).

(3) equivalence shall be assessed and established by the Commission of the European Communities in cooperation with the Member States of the European Communities in accordance with the procedure laid down in Decision 2006 /512/EC of 22 July 2006. The competent authority for the evaluation of equivalence in Austria is the Chamber of Economic Scatterers in the Transferred Sphere Of Activity. As long as the Commission of the European Communities has not yet made a statement, the Chamber of Economic Scatterers has to assess the equivalence of its own. In doing so, it may be based on the assessment of another Member State of its decision. In its assessment, the Chamber of Economic Scatterers may take into account the assessments and findings of other Member States of the European Communities. The Chamber of Economic Scatterers shall reject the equivalence with communication if any of the conditions are not fulfilled. The appeal of the appeal is against this decision. The provincial governor has to decide on the appointment. The Chamber of Economic Scatterers shall have the quality control authority to establish equivalence or equivalence. to communicate the rejection of equivalence.

(4) The quality control authority shall inform the Commission of the European Communities of the equivalence referred to in paragraph 3 above.

Section 3

Cooperation between the competent authorities

Cooperation with the competent authorities in the Member States of the European Communities, the Contracting States of the European Economic Area or Switzerland

§ 25e. (1) The quality control authority shall be the competent authority for cooperation with the competent authorities of other Member States of the European Communities, States Parties to the Agreement on the European Economic Area or the Switzerland. The quality control authority shall have the competent authorities, on the basis of their reasoned request for authorisation, the public register, the external quality check, the public supervision, the special investigations and the criminal provisions. Mutual assistance.

(2) The quality control authority shall not comply with the request referred to in paragraph 1 if:

1.		because of the same act or the same auditor or auditor the same audit firm in Austria has already been subject to a professional, judicial or administrative procedure, or
2.		against the same statutory auditor or the same audit firm has already taken a final decision on the basis of the same act in Austria, or
3.		the execution of the request would be capable of affecting the sovereignty, security, public order or other essential interests of the Republic of Austria.

(3) The information provided by the competent authority of another Member State of the European Communities, of a State Party to the Agreement on the European Economic Area or Switzerland may only be provided for matters relating to matters relating to: is used for which they have been requested or submitted. In the case of transmission to the competent authorities of another Member State of the European Communities, of the Contracting State of the Agreement on the European Economic Area or of Switzerland, it shall be expressly stated for the purpose of their transfer Reference to.

(4) Requests and response to requests from a competent authority of another Member State of the European Communities, of a State Party to the Agreement on the European Economic Area or Switzerland, shall be in a form , which shall ensure that personal data is provided against accidental or unauthorised destruction, accidental loss, alteration, alteration, accidental or unauthorised disclosure, accidental or unauthorised access, access or accidental or accidental loss or damage. unauthorized publication. It is necessary to ensure that only authorised persons have access to the communication equipment used in each case. In urgent cases such requests may also be made orally or received. In this case, a written confirmation must be sent immediately or .

(5) In the case of administrative cooperation between the competent authorities of another Member State of the European Communities, of a Contracting State of the Agreement on the European Economic Area or of Switzerland, it shall be ensured that: every transmission and every reception of personal data is documented. This documentation shall include the occasion of the transmission, the data transmitted or received, the date and the exact date of transmission or reception, and the name of the competent authority or requested body requested. The requested or requested position also documents the identification of the person who carried out a request.

(6) The quality control authority shall become aware that a statutory auditor or an audit firm from another Member State of the European Communities, a State Party to the Agreement on the European Economic Area or Switzerland is in breach of the provisions of Directive 2006 /43/EC, it shall do so by the competent authority of the other Member State of the European Communities, of the Contracting State of the Agreement on the European Economic Area or of the Switzerland.

(7) Transmitted personal data shall be deleted if the inaccuracy of such data arises, the procurement or transmission of which is not lawfully carried out, lawfully transmitted data in accordance with the law of the transmitting State at a later date. the date of the date of the right of the transmitting competent authority to be deleted or it is no longer necessary for the purpose for which it has been transmitted and there is no reason to believe that the deletion of protection-worthy interests shall be the subject of the of the person concerned.

Cooperation with the competent bodies of third countries

§ 25f. (1) The quality control authority shall be the competent authority for cooperation with the competent authorities and authorities of third countries. The quality control authority shall have the competent authorities and authorities responsible for the authorisation, the public register, the external quality check, the public oversight, the special investigations and the Penal provisions shall be provided for assistance.

(2) The quality control authority shall not comply with the request referred to in paragraph 1 if:

1.		because of the same act or the same auditor or auditor the same audit firm in Austria has already been subject to a professional, judicial or administrative procedure, or
2.		against the same statutory auditor or the same audit firm has already taken a final decision on the basis of the same act in Austria, or
3.		the execution of the request would be capable of affecting the sovereignty, security, public order or other essential interests of the Republic of Austria.

(3) The quality control authority may provide information, working documents and other documents containing personal data on a reasoned request from the competent authority or the authorities of a third country in individual cases only if:

1.		these working documents or documents relate to audits of undertakings which have issued securities in that third country or are part of a group which presents a consolidated financial statement in that third country,
2.		the competent body fulfils the requirements for equivalence of public oversight, external quality inspection and special investigations, which have been declared appropriate by the Commission of the European Communities,
3.		the Federal Minister for Economic Affairs, the Family and Youth, on the basis of the reciprocity established by the Commission of the European Communities, in agreement with the Federal Minister for European and International Affairs and the Federal Chancellor, to the extent that he is authorized to conclude Ressori agreements, a Ressoragreement for the cooperation of the Federal Foreign Office the quality control authority with the supervisory authority of the third country concerned has completed such a
4.		in the national law of the third country concerned, at least with regard to the processing of personal data which are or have been transmitted, there is an adequate level of data protection within the meaning of Article 12 (2) of the German Data Protection Act (DSG 2000) or the Transmission by the Data Protection Commission on a case-by-case basis in the proceedings according to § 13 of the German Data Protection Act (DSG 2000) due to sufficient guarantees within the meaning of Article 26 (2) of Directive 95 /46/EC.

(4) Information which is subject to a specific obligation of secrecy may only be transmitted if it is additionally assured that they are kept secret in the same way at these points. In other respects, the requirements contained in § 25g (3) to (5) and (7) apply to the use of personal data.

If the quality control authority becomes aware that a statutory auditor or an audit firm from a third country is in breach of the provisions of Directive 2006 /43/EC, it shall do so to the competent authority of the third country .

36. According to § 25f, the following names and headings as well as the following § § 26 to 27b shall be inserted together with the headings:

" 3. Main item

Financing of the quality system, penal provisions and final provisions

Section 1

Financing

Paying agency

§ 26. (1) paying agent for the remuneration of quality inspects is the working committee for external quality inspection. The paying agent has to carry out a separate clearing account for the payment of fees of the quality inspectors.

(2) The statutory auditor and audit firm shall have a cost advance in the amount of the calculated fee for the appointed quality inspector. § 7 para. 2 within a period of not more than two weeks after the order has been placed on the settlement account of the paying agent. The payment authority must inform the quality inspector immediately and demonstrably by the payment authority. The quality inspector appointed is obliged to carry out the quality check only after the transfer of his fee.

(3) The paying agent shall transfer the fee to the quality inspector within a period of not less than two weeks after the evaluation of the written test report.

Section 2

Penal provisions and final provisions

Criminal provisions

§ 27. (1) The provisions of the WTBG on administrative transgressions, the disciplinary law and the withdrawal of the recognition as an auditor association shall apply to auditors and audit firms. § 19 (5) GenRevG 1997 applies to cooperative revisors.

(2) Where the offence does not constitute a criminal offence within the jurisdiction of the courts, an administrative surrender punishable by a fine of EUR 400 to EUR 5 000 shall be subject to a penalty of penalties,

1.		it has not submitted any written proof to the quality control authority in accordance with Article 1b (4), or
2.		adopt an order for the final examination in accordance with § 4 (3) without the existence of a certificate in accordance with § 15, or
3.		the work committee for external quality checks does not indicate in time the representation of the measures taken in accordance with § 16 (2a) in writing, or
4.		is in breach of the obligation of Section 23 (5); or
5.		is in breach of the obligation of Section 23 (7); or
6.		is in breach of the obligation of Section 24 (1); or
7.		in breach of Section 24 (4), or
8.		is contrary to a reporting obligation pursuant to a regulation in accordance with § 22.

(3) Where the offence does not constitute a criminal offence within the jurisdiction of the courts, an administrative surrender punishable by a fine of EUR 5 000 to EUR 50 000 shall be subject to a penalty of administrative offences, who shall be liable to:

1.		without an upright certificate, carry out statutory audits or
2.		does not provide the competent authorities with the information requested or does not transmit the required documents, or
3.		give false or incomplete information to the competent authorities, or
4.		the competent authorities, the competent investigative body or the experts do not grant access to its premises; or
5.		as a quality inspector in violation of § 6.

(4) The criminal authority of the first instance shall be the working committee for external quality audits.

Mutual assistance obligations

§ 27a. (1) All state and autonomous authorities, and all entities established by law to represent economic interests, or established on the basis of a free agreement, shall be bound by the Working Committee for to issue external quality checks and the quality control authority on request, without prejudice to the provisions of the 2000 Data Protection Act, to provide the information necessary for the performance of their duties.

(2) The courts, the public prosecutors and the financial authorities shall be obliged to carry out an investigation into the external quality and quality control committee and the quality control authority on the grounds of the suspitias of a person who has been subject to a preliminary investigation. a criminal offence which is punishable by more than one year of imprisonment, an act which is punishable by an enrichment clause and which is punishable by a court of law, and another intentional act of criminal offence Financial infringements, with the exception of a financial regulation, and the imposition of pre-trial detention or provisional detention against a professional person without a default and the outcome of the criminal proceedings brought under the procedure followed by a copy of the criminal decision or the criminal proceedings The Commission shall inform the Working Committee on external quality audits and the quality control authority on request for inspection of the file. However, pending the notification of the indictments, the courts, the public prosecutors and the financial authorities and, pending the conclusion of the investigation procedure, the financial criminal authorities may take out individual documents from the inspection if: special circumstances justify the fear that the purpose of the investigation would be jeopardised by an immediate knowledge of those files.

(3) The Chairpersons of the Disciplinary Board and the Disciplinary Board shall, at any time, provide the Working Committee for External Quality Checks and Quality Control Authorities with information on the status of a disciplinary procedure or of its Issue exit.

Implementation of EU law and relationship with other federal laws

§ 27b. This federal law transposes Directive 2006 /43/EC on statutory audits of annual accounts and consolidated accounts. "

37. The heading to § 31 is:

"Entry into force"

38. In § 31 (2), the word "step" by the word "occurs" replaced .

39. The following paragraph 3 is added to § 31:

" (3) The table of contents, title and heading of the 1. § 2 Section 2, Section 2, Section 4, Section 5 (2), Section 7 (4), Section 10, section 2, Z 1, Section 2, Section 2, Section 2, Section 2, Section 4, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, 1 and paragraph 7, § 13 (1), § 14, § 15 (1a), § 16 (2a), § 18a and 18b together with headlines, the section title and section title, § 18c, § 18c, § § 19 (1), (2), (5a) and (8), § 20 (1), 2, 3a, 4, § 20 6 (6) Z 10, 16 and 18, § 20 (7) (1) to (4), § 20 (9) to (12), § § 20a and 20b together with the headings, section 21 (1), of § 23. the section title and section heading, section 23, section title and section title, section 24, section 24, the second main piece, title and title of the third section. § 26, section title and section title, section title and section title, § 27, section title and section title, § § 27 to 27b, including headlines, § § 28 to 30, § 31 including the headline as well as § 32 in the version of the Federal Law BGBl. I No 10/2010 shall enter into force with the end of the day of the presentation of the said Federal Act. "

Article 2

Amendment of the Economic Scatter Trade Act

The Economic Scattering Trade Act, BGBl. I n ° 58/1999, as last amended by the Federal Law BGBl. I n ° 10/2008, shall be amended as follows:

1. In the table of contents, after the entry "§ 229d Transitional provisions 2006" the entry "§ 229e Transitional provisions Examination system" inserted.

2. In § 9 Z 1 lit. a becomes the word "1 year old" by the word "Three-month" replaced.

Section 15 (7) reads as follows:

" (7) Invoices pursuant to paragraphs 2 and 3 shall be admissible only in so far as a practical training pursuant to Article 10 of Directive 2006 /43/EC on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78 /660/EEC and 83 /349/EEC and repealing Directive 84 /253/EEC (hereinafter referred to as "the Final Auditing Directive"), OJ L 206, 22.7.1985, p. No. 87), as amended by Directive 2008 /30/EC, OJ L 157, 9.6.2008, p. No. OJ No L 81, 11.6.2008, p. 53.

4. § 16 (2) reads:

"(2) A total of practical training is to be demonstrated in accordance with Article 10 of the Final Examination Directive."

Section 19 (3) reads as follows:

" (3) In any case, the granting of a review of the conditions for admission to the examination for auditors is only subject to the conditions listed in Article 11 of the Audit Directive, with the exception of the professional aptitude test. allowed. "

6. § 29 (2) and (3) reads:

" (2) A written examination has to include the preparation of examination questions from the following subject areas:

1.		economic tax theory;
2.		tax income-and success-or Determination of the income,
3.		Constitution of declarations of duty and
4.		Sales tax, traffic taxes and other charges.

(3) A written examination has to include the preparation of examination questions from the following subject areas:

1.		Preparation of annual accounts,
2.		Cost and benefit calculation including short-term success calculation,
3.		the broad lines of the company's organisation (in particular organisational structure, information systems and internal control),
4.		Planning invoices,
5.		Financing and investment, including company valuation,
6.		Operational Analysis and
7.		Organization of the EDP and its application for the areas listed under Z 1 to 6. "

7. § 34 (5) and (6) reads:

" (5) A written examination has to include the elaboration of examination questions in accordance with § 29 (3).

(6) A written examination shall include the preparation of examination questions in accordance with § 29 (2). "

8. § 65 (2) Z 3 reads:

" 3.		Auditor is
a)			in the case of partnerships, both a share of the share of the shares and the voting rights, which ensure a majority and decisive influence of traders who carry out economic auditors ' professional accountants; and
b)			in the case of capital companies, both a division of basic or capital stock and of voting rights, which ensure a majority and decisive influence of traders ' hands, which are the economic accountants of the economic sector exercise. "

Section 65 (3) reads as follows:

" (3) The management and the external representation shall be carried out by persons entitled to work who are entitled to exercise their professional competence in their own right. The majority of the management and the external representation shall be carried out by professionals who have the right to exercise the professional competence of the relevant professional group independently, with the representation of the company by: Persons entitled to work, who are entitled to exercise the professional competence of the relevant professional group independently, must be guaranteed, either individually or collectively, without the participation of others. In the case of auditing companies, the majority of the management and the representation to the outside are to be signed by professionals who are entitled to sign a confirmation notice in accordance with § 96. If only two managing directors are present, it is sufficient if one of them is entitled to exercise the appropriate professional competence independently. Prokurists must be entitled to exercise their professional competence independently, but they may be authorized to represent them externally, irrespective of their professional competence and number. "

10. The following paragraph 5 is added to § 65:

" (5) statutory auditors and audit firms in accordance with Art. 2 Z 2 and 3 of the Audit Directive, which are authorised in another Member State of the EU or of a Contracting State of the EEA or of the Swiss Confederation, shall be subject to: Members of the company shall be treated in accordance with § 68 on the basis of the provisions of § 68. "

Section 68 (1) reads as follows:

" (1) Shareholders may only be the following persons:

1.		professional natural persons,
2.		Spouses and children of professionals participating in the company;
3.		Companies which are entitled to exercise an economic distribution profession,
4.		in accordance with foreign law, if their capital shares in the company's assets and their voting rights do not exceed a quarter, provided that reciprocity is given between Austria and the State in which the professional authority has been acquired and a similar training has been established and the management and representation to the outside world is carried out by a majority of those who are authorized in Austria, and
5.		for audit firms, auditors and audit firms in accordance with Art. 2 Z 2 and 3 of the Audit Directive, which are in another Member State of the EU or of a Contracting State of the EEA or of the Swiss Confederation , if their capital shares in the company assets and their voting rights do not exceed three quarters. "

(12) The following paragraph 10 is added to § 68:

" (10) All authorizations pursuant to this Federal Act, with the exception of allowances in accordance with § 5 (1) and (2) (2) (1) to (4), rest if either the capital shares in the company property or the voting rights of auditors and Audit firms in accordance with Art. 2 Z 2 and 3 of the Audit Directive, which are authorised in another Member State of the EU or of a Contracting State of the EEA or of the Swiss Confederation, exceed a quarter. The Chamber of Economic Scatterers has to inform the company concerned in writing and demonstrably about this legal sequence. The rest shall take place at the end of a one-month period after notification of the information by the Chamber of Economic Scatterers has taken place. "

(13) The following paragraph 11 is added to Article 88:

" (11) Fees for statutory audits and audit contracts may not be influenced or determined by the provision of additional services to the audited entity and shall not be subject to any conditions. The fee shall be proportionate to the tasks and the probable extent of the final examination. "

14. § 91 (4) Z 1 reads:

" 1.		Reporting and disclosure obligations under the provisions of Directive 2005 /60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, OJ L 327, 22.12.2005, p. No. 15, and the implementing measures adopted in the context of this Directive, or '

§ 96 is:

" § 96. Formal confirmation notices issued by a company must be signed by the company by signing in the company and according to the Federal Act on the performance of the economic accountants ' professional accountants Persons authorised to issue the relevant confirmation of the confirmation of the person concerned. In any case, the person entitled to be responsible for the examination pursuant to § 88 (7) shall sign the confirmation notice. "

16. § 120 Z 20 reads:

" 20.		in spite of the indication of the glory according to § 97 or in spite of the entry of the glory according to § 68 (10) of the economic spreader activities independently, or "

17. § 146 (3) Z 3 reads:

" 3.		the carrying out of technical examinations and aptitude tests, "

18. § 153 (7) deleted.

19. § 173 (6) reads:

" (6) The amount of the pension rights shall be calculated on the basis of the contributions paid and the surpluses received according to actuarial principles. A pension account according to § 18 Pensionskassengesetz (Pensionskassengesetz, BGBl) is for every eligible and benefit person. No 281/1990. The costs incurred by the management of the pension fund shall be borne by the eligible persons and the persons entitled to benefit. Minimum benefits shall be provided for the retirement pension scheme and the survivor's pension. The level of the minimum benefits shall be fixed in the performance order. In the case of reliefs and reductions of contributions, the statutes shall, in whole or in part, exclude the provision of the minimum benefits in accordance with the extent of the exemption or reduction. The statutes may, in whole or in part, exclude the granting of the minimum benefits, depending on the date of the performance. The widows (widows) and orphans ' pensions should not exceed the amount to which the deceased himself had or would have been entitled to. Within this maximum amount, the benefits to the individual orphans shall be reduced proportionately. "

20. According to § 229d, the following § 229e with headline is inserted:

" Transitional provisions Examination

§ 229e. (1) The provisions of section 29 (2) and (3) and section 34 (5) and (6) in the version of the Federal Law BGBl (Federal Law Gazette). I No 10/2010 should be applied to the examination procedures which started after 31 December 2009.

(2) At the date of the entry into force of the Federal Law BGBl. No 10/2010 the examination procedures have been initiated in accordance with the provisions of Section 29 (2) and (3) and Section 34 (5) and (6) of the Economic Scattering Trade Act, Federal Law Gazette (BGBl). I n ° 58/1999, as amended by the Federal Law BGBl. I n ° 10/2008, to end.

(3) Examination candidates who do not have the written examination in accordance with Section 29 (2) or (3) or neither the written part of the examination pursuant to § 34 (5) nor (6) of the Economic Scattering Trade Act (BGBl). I n ° 58/1999, as amended by the Federal Law BGBl. I n ° 10/2008, have been entitled to declare in writing by 1 March 2010 at the latest in writing, their examinations in accordance with the provisions of section 29 (2) and (3) or section 34 (5) and (6) in the version of the Federal Law BGBl. I No 10/2010. '

21. The following paragraph 5 is added to § 231:

"(5) § 231 (1) to (4) does not apply to the provision of services in respect of statutory audits pursuant to Art. 2 Z 1 of the Final Audit Directive."

22. In § 232 (7) (1) (1) the word "Three" by the word "two" replaced.

23. § 233 (1) reads:

' (1) The Chamber of Economic Scatterers shall cooperate closely with the competent authorities of the other Member States of the EU or of a Contracting State of the EEA or of the Swiss Confederation on the application of the following Directives; and to provide mutual assistance to these authorities:

1.		Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. OJ L 255, 30.09.2005 p. 22,
2.		the Audit Directive and
3.		Directive 2006 /123/EC on services in the internal market, OJ L 327, 22.7. No. OJ L 376, 27.12.2006 p. 36.

Section 233 (3) reads as follows:

" (3) The authorities shall have appropriate examination of the facts to be informed pursuant to paragraph 1 and (2) and shall inform the host Member State of any consequences that may have been taken. The confidentiality of the information exchanged shall be ensured. "

Fischer

Faymann