Advanced Search

Audit Quality Assurance Act A Master, As Well As Change Of The Management Trust Profession Act

Original Language Title: Abschlussprüfungs-Qualitätssicherungsgesetz - A-QSG sowie Änderung des Wirtschaftstreuhandberufsgesetzes

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

84. Federal Law, which enacted the Federal Act on Quality Assurance in the case of final exams (audit-quality assurance law-A-QSG) and amended the Economic Scatter Trade Act

The National Council has decided:

Article 1

Federal Law on Quality Assurance in Auditing (Auditing-Quality Assurance Act-A-QSG)

table of contents

§ 1.

Definitions

§ 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

§ 19.

Working Committee for External Quality Checks

§ 20.

Quality control authority

§ 21.

Confidentiality of Obligations

§ 22.

Quality assurance policy

§ 23.

Public register

§ 24.

Transparency Report

§ 25.

Linguistic equality

§ 26.

Relationship to other federal laws

§ 27.

Transitional provisions

§ 28.

In-force pedals

§ 29.

Enforcement

Definitions

§ 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 revision Act, BGBl. I n ° 127/1997, as audit associations, and

5.

the "Sparkassen-Examinverband" (Sparkassen-Examination Association) a public corporation under § 24 of the Sparkassengesetz (Sparkassengesetz), BGBl. No 64/1979.

Quality assurance measures

§ 2. (1) statutory auditors and audit firms are obliged to implement measures ensuring a high quality and continuous improvement in the quality of the tests to be carried out by them.

(2) In any case, the quality assurance measures to be implemented shall include, on the basis of generally accepted national and international auditing standards and professional principles, the following:

1.

measures to ensure the maintenance of independence,

2.

Measures relating to the selection, use and supervision of staff,

3.

Measures relating to the training and further training of the auditor and his staff, and

4.

Measures relating to the high-quality handling of final examinations.

(3) Auditor and audit firms are subject to external quality audits in accordance with the provisions of this Federal Act.

(4) Instead of the auditor, the audit operation of the auditor's association shall be subject to external quality checks in accordance with the provisions of this Federal Law, if the auditor is acting for the audit association and the auditor is the auditor of the auditor's office. Revisionsverband the method of quality assurance predetermines. The quality control rules applicable to audit firms shall apply.

(5) The provisions of this Federal Act shall also apply to voluntary external quality audits.

External Quality Check

§ 3. (1) In the context of external quality audits, all established quality assurance measures relating to the performance of statutory audits shall be considered.

(2) The examination of the quality assurance measures shall, in any event, include:

1.

the quality of the measures referred to in Article 2 (2),

2.

the quality of the internal quality control system;

3.

the quality of the measures used to ensure compliance with the generally accepted standards of testing, the principles of the profession and the rules of professional standing; and

4.

the quality of the reports and the reporting of the final audits.

(3) The external quality checks shall be carried out by means of inspection by quality inspectors.

Quality Checks Intervals

§ 4. (1) statutory auditors and audit firms shall be required to undergo an external quality assessment at a distance of three years from each other, if they carry out statutory audits of the following companies:

1.

undertakings which have issued securities which have been admitted to a regulated market within the meaning of Article 4 (1) (1) (14) of Directive 2004/39 EC, or

2.

credit institutions provided that they are not covered by paragraph 2 (2) (2), or

3.

insurance provided that they do not fall under Section 2 (2) (3), or

4.

Pension funds.

(2) statutory auditors and audit firms shall be required to undergo an external quality check at a distance of six years each, if they

1.

carry out statutory audits of undertakings not listed in paragraph 1 (1) (1) to (4), or

2.

Carry out statutory audits of credit institutions which

a)

are connected to a central institute,

b)

have a balance sheet total of less than two billion euros; and

c)

have not issued securities which are admitted to a regulated market within the meaning of Article 4 (1) (14) of Directive 2004/39 EC, or

3.

Statutory audits of small insurance associations in accordance with § 62 Insurance Supervision Act, BGBl. No 569/1978, which are not covered by paragraph 1 (1) (3).

(3) statutory auditors and audit firms in accordance with paragraph 2 may only accept an order for the final examination in accordance with paragraph 1 in the case of the existence of a certificate according to § 15, whose date of grant is not at the time of acceptance of such a contract. has been back for more than three years.

Order of quality inspector

§ 5. (1) The statutory auditor or the audit company to be audited shall have three quality inspectors for the external quality audit work committee, in compliance with the incompatibility rules applicable to the exercise of the profession. To propose the implementation of an external quality check.

(2) The external quality audit work committee shall immediately examine the proposal as to whether all proposed quality inspectors will ensure a proper quality check.

(3) The external quality audit work committee shall immediately 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.

(5) The quality control authority shall decide on the application of the auditor to be audited or of the audit firm to be audited, if no agreement is reached. The quality control authority shall either reject the proposal to appoint a quality inspector within four weeks either as inadmissible or to order a quality inspector from it.

Independence of the quality inspector

§ 6. A quality inspector shall not carry out an external quality check if there is a financial, financial or personal commitment to the auditor to be reexamined or to the audit firm to be audited, which shall be responsible for the audit firm which is to be audited. professional incompatibility rules. Mutual external quality checks are not permitted.

Remuneration of quality inspectors

§ 7. (1) The costs of the quality inspector shall be borne by the auditor to be audited or the audit company to be audited.

(2) The examination order and the fee calculation are to be carried out prior to the preparation of the proposal in accordance with § 5 (1) between the respective proposed quality inspectors and the auditor to be audited or the audit company to be audited. to agree in writing to the postponing condition of the order and to forward it to the working committee for external quality audits in the context of the proposal pursuant to Article 5 (1).

(3) The remuneration of the quality inspector has to be based in particular on:

1.

the principles of professional practice,

2.

the size of the audit operation to be audited, and

3.

of the time to be spent on it.

Duty of co-action

§ 8. (1) The auditor to be checked or the audit company to be audited and those persons performing the profession together with the auditors shall be obliged to:

1.

to grant to the quality inspector and his assistants in accordance with § 12 access to the premises; and

2.

to provide all information and to submit the required documents, to the extent that these are necessary for a careful external quality check.

(2) The auditor to be checked or the audit company to be checked and those persons performing the profession together with them shall not be subject to professional standards in relation to the quality inspector and his assistants in accordance with § 12. Obligation to weigh up the law.

Announcement of the order

§ 9. (1) An order to carry out the external quality check can only be terminated from both sides for one important reason. Important reasons are in particular:

1.

the subsequent unfulfilled capacity of the order or

2.

prevention by disease or

3.

the subsequent occurrence of the circumstance, that the client deliberately provided incorrect or incomplete documents.

(2) differences of opinion on the content of the written test report do not entitle the person to terminate the order to carry out the external quality inspection.

(3) If the contract for the performance of the external quality inspection has been terminated, the quality inspector shall draw up a report on the result of his previous examination and shall announce the reason for the termination of the contract. The report shall be submitted by the quality inspector to the auditor to be audited or to the audit firm to be audited, to the work committee for external quality audits and to the quality control authority, and to the work committee for external auditors. To make quality checks available to the quality inspector appointed in the following.

Quality inspectors

§ 10. (1) External quality checks may only be carried out by registered quality inspects.

(2) Conditions for the recognition of a natural person as a quality inspector are:

1.

an at least five-year-old practice as an auditor, auditor, registered auditor or auditor of the Savings Banks Examination Association, which is comprehensive in the performance of statutory audits,

2.

special training or relevant experience in the field of quality assurance and

3.

the non-existence of disciplinary penalties which have been passed by law and whose underlying professional offences preclude suitability as a quality inspector.

(3) Conditions for the recognition of audit firms as quality inspectors are:

1.

the recognition as a quality inspector of at least one member of the Management Board or of a managing director, or of a person's shareholder, or of an employed supervisor, and

2.

the existence of the certificate for this audit firm.

(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.

(7) Quality inspectors are obliged to submit to the Working Committee for external quality audits every three years evidence of their activities as auditors and their further training.

(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.

(10) Due to the final revocation of the recognition as a quality inspector, the deletion must be made from the list of quality inspectors. Any revocation shall be brought to the attention of the quality control authority without delay, after the written decision has been taken.

External quality audits by audit firms

§ 11. (1) If an audit company is commissioned to carry out an external quality check, the person responsible for the external quality inspection must be registered as a quality inspector and board member or managing director or Authorized person's shareholder or auditor of the audit firm.

(2) The person responsible for the external quality inspection shall be appointed on behalf of the performance of the external quality inspection.

Qualified wizards

§ 12. Quality inspectors are entitled to use qualified assistants under their responsibility to carry out the external quality inspection.

Audit report

§ 13. (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 relating to the external quality audit and

3.

a final assessment.

(2) The final assessment shall, if no or only insignificant deficiencies in the quality assurance measures have been identified, be as follows: " The quality assurance measures of the audit firm subjected to the external quality audit are appropriate. " The final assessment shall be supplemented in an appropriate manner if additional comments appear necessary in order to avoid a false impression of the content of the examination and the scope of the final assessment.

(3) The wording of the final assessment shall be restricted where there are significant deficiencies in the quality assurance measures which, in total, do not result in a serious impairment of the proper functioning of the profession. Any restrictions on the final assessment shall be justified. In the same way, the quality inspector has to make recommendations to remedy the shortcomings identified.

(4) The final assessment has, where significant deficiencies in the quality assurance measures have been identified, which result in a serious impairment of a proper professional practice, as follows: " The Quality assurance measures of the audit operations subjected to the external quality test are insufficient. " The reasons for such a final assessment shall be justified.

(5) Test barriers that have occurred during an external quality check are also to be recorded in the final assessment.

(6) The written test report shall be signed by the responsible quality inspector, stating the place and day. The written test report shall be sent immediately to the working committee for external quality audits by the auditor who is subject to the external quality audit or from the audit firm which is subject to the external quality audit. ,

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

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 take part in the external quality test in accordance with § § 15 ff.

Issue of the certificate

§ 15. (1) After evaluation of the written test report, the working committee for external quality audits has to certify the successful participation in the external quality test, 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, result in a serious impairment of the proper functioning of the profession.

(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 to the audited audit firm.

(3) Each certificate issued shall be brought to the attention of the quality control authority immediately after the relevant documents have been received.

Certificates issued shall be revoked by the quality control authority if one of the basic conditions for the issue of a certificate has not been met.

Arrangement of measures

§ 16. The work committee for external quality audits 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.

(3) Where a special examination is arranged, the Committee for External Quality audits shall appoint a quality inspector for this purpose and, in respect of the audit firm to be audited, shall be required to appoint a quality inspector for the audit firm or audit firm to be audited. to be paid in order to pay the fee.

(4) All measures referred to in paragraph 2 shall be addressed to the audited auditor or to the audited audit firm. This shall also apply if the quality inspector has failed to comply with the provisions of the provisions of this Federal Law or the Quality Assurance Directive. It is the responsibility of the auditor or the audit firm to be audited to ensure a proper external quality check, if necessary by means of an application for the appointment of a further quality inspector.

(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 certified auditor or the audited audit firm waives the issue of a certificate.

(7) All measures ordered pursuant to paragraph 2 shall be brought to the attention of the quality control authority without delay.

Failure to certify

§ 17. (1) The certificate shall be refused if:

1.

have been identified as having led to a final assessment in accordance with Section 13 (4) of the Quality Assurance Measures, or

2.

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

(2) A written communication shall be issued by the Working Committee for External Quality Checks 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.

Revocation of the certificate

§ 18. (1) The work committee for 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.

(3) In the event of withdrawal, the written certificate shall be returned immediately by the auditor or the audit firm.

Working Committee for External Quality Checks

§ 19. (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.

(2) The work committee for external quality audits shall consist of seven members. The members and the substitute members are independent and not bound by instructions.

(3) The Chamber of Economic Scatters has four members, of which at least three members must be publicly appointed auditor, and the Association of Austrian Audit Associations has in common with the Savings Banks Examination Association a total of three members, at least two of whom must be public auditors, to be ordered. In the same way, a substitute member shall be appointed for each member only in the case of prevention. The prerequisite for the appointment of the members and the substitute members is their proof of special training or relevant experience in the field of quality assurance.

(4) An appointment of board members of the Chamber of Business Scatter Hands and their replacement members is not permitted.

(5) The members and the replacement members of the work committee for external quality audits shall be ordered for a period of four years. The reorder after the end of the function period is allowed.

(6) The external quality audit work committee shall, in so far as no other institution has the express competence 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.

(7) The external quality audit work committee shall be quorum if at least five members are present. The Working Committee shall take its decisions with a simple majority of votes. In the event of a tie, the chairman shall vote.

(8) The work committee for external quality audits has

1.

To inform 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 of the Economic Scatter Trade Act, BGBl. I No 58/1999, 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 of the Cooperative revision Act, BGBl. I n ° 127/1997, or Withdrawal grounds in accordance with Section 22 of the Cooperative Code of Revisional Law, BGBl. I No 127/1997.

(9) The costs of the members and the replacement members of the working committee for external quality audits have been paid by the Chamber of Economic Scatter, the Association of Austrian Audit Associations and the Sparkassen-Examining Association for the members of the Board of Labour. to bear in each case appointed members and substitute members. The general administrative costs are to be shared by the Chamber of Economic Scatterers, the Association of Austrian Audit Associations and the Sparkassen-Examining Association.

(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.

Quality control authority

§ 20. (1) A quality control authority shall be established at the Federal Ministry for Economic Affairs and Labour. At the Federal Ministry for Economic Affairs and Labour, a branch office is to be set up for the quality control authority.

(2) The quality control authority shall be composed of six members. The members of the quality control authority are voluntary and are entitled to cost compensation. The members of the quality control authority shall not be members of the Chamber of Economic Scatters or Registered Revisors. The members of the quality control authority must, in particular, be active or active in the areas of accounting, finance, science or jurisprudence.

(3) The members of the quality control authority shall be appointed by the Federal Minister for Economic Affairs and Labour for a period of six years following a public call for tenders. In the same way, a substitute member shall be appointed for each member only in the case of prevention. The Federal Minister of Finance has a right of proposal for two members and two replacement members. The reorder after the end of the function period is allowed.

(4) The quality control authority shall have a quorum if all six appointed members are present or where the appointed replacement members are present, the number of spare members being not allowed to exceed the number of members. The quality control authority shall take its decisions by a simple majority. In the event of a tie, the chairman shall decide.

(5) The Federal Minister for Economic Affairs and Labour has to disclaim the members of the Quality Control Authority if:

1.

they are

have been guilty of gross violation or neglect of their duties, or

2.

there are other serious reasons.

(6) The quality control authority shall, in particular, carry out the following tasks:

1.

Decisions concerning the nullity 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),

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,

7.

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

8.

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

9.

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

10.

Decisions on vocations in accordance with § 18 para. 2,

11.

Establishment of supervision of examinations pursuant to § 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,

17.

Management of the public register and

18.

Competent authority for the area of international cooperation in matters concerning quality assurance in the case of statutory audits within the meaning of this Federal Law.

(7) The quality control authority shall be entitled in any situation to an external quality check,

1.

To obtain information on the progress of the procedure from the quality inspector and the work committee for external quality audits,

2.

to set appropriate measures to ensure the adequacy and functioning of the quality system; and

3.

to carry out the external quality inspection.

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

Confidentiality of Obligations

§ 21. (1) The rules on the obligation of confidentiality in accordance with § 91 of the German Federal Economic Scatter Trade Act (BGBl). I N ° 58/1999, and special confidentiality obligations which exist for the auditors to be audited or for audit firms 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; and

5.

the staff entrusted with the management of the Employment Committee for external quality audits and the quality control authority.

(2) The obligation of confidentiality in accordance with paragraph 1 shall not apply to other persons who are active in the course of the same external quality inspection.

(3) The members of the quality control authority shall be obliged to maintain secrecy by means of personal circumstances, facilities and business and operating conditions which, in the performance of their duties, are informed of their duties. They shall not be allowed to use any commercial and trade secret.

Quality assurance policy

§ 22. (1) The Federal Minister for Economic Affairs and Labour has adopted a directive on quality assurance measures and external quality audits by regulation. Before being released, the Federal Minister of Economics and Labour has the Working Committee for External Quality Checks, the Quality Control Board, the Chamber of the Economic Scatter Hands, the Savings Banks Examination Association and the Association Austrian audit associations.

(2) The Directive referred to in paragraph 1 shall, in particular, regulate:

1.

Documentation of the quality system,

2.

Planning the audit work,

3.

monitoring of the audit process;

4.

the rules governing the cost of the members of the quality control authority,

5.

the sequence of the maturities of certificates in accordance with § 15 and

6.

Facilitation of obtaining the certificate in the event of a re-admission of an audit firm.

Public register

§ 23. (1) The quality control authority shall have a public register of all auditor and audit firms.

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

(3) The public register shall contain:

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 the registration number of the audit firms in which the auditor is either employed, is a member of the auditor, or is associated in another form, and

6.

where appropriate, the Internet address of the auditor.

(4) In addition to the provisions of paragraph 3, the public register shall contain the following information for audit firms:

1.

the legal form,

2.

the address of the law firm, the branch office and the associated departments;

3.

the name, address and registration number of all statutory auditors, either employed by the audit firm, as a partner or associated in another form; and

4.

where appropriate, the Internet address of the audit firm.

(5) The statutory auditors and audit firms held in the public register shall be required to submit without delay the documents required for the establishment and management of the public register in accordance with para. 2 to 4 and shall have any change the information contained in the public register must be reported to the quality control authority 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) For the correctness of the registration and modification of information in the public register, the respective auditor and the respective audit firm shall be distinguished by an electronic signature.

(8) The public register shall be held in the German language. However, it is the responsibility of the quality control authority to allow several official languages of the European Union for the registration of information on condition that a certified translation is required.

Transparency Report

§ 24. (1) Auditors and audit firms, which have to undergo an external quality assessment at intervals of three years, are obliged to present on their website every year at the latest three months after the end of the financial year. 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 control 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 a statutory audit in the previous year,

7.

a declaration on the methods used 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 moves towards the continuous training of auditors required in accordance with § 2,

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 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 audit firm. This may be done, for example, by means of an electronic signature within the meaning of Article 2 (2) of Directive 1999 /93/EC of the European Parliament and of the Council.

Linguistic equality

§ 25. Insofar as personal names are only mentioned in male form in this federal law, they refer to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

Relationship to other federal laws

§ 26. To the extent that this federal law refers to provisions in other federal laws, these are to be applied in their respectively valid version.

Transitional provisions

§ 27. (1) § 4 (1) shall apply with the proviso that the first external quality check must be carried out no later than 31 December 2007.

(2) § 4 (2) shall apply with the proviso that the first external quality check must be carried out by 31 December 2010 at the latest.

(3) Paragraph 10 (3) shall apply with the proviso that a company may also be appointed by the end of 31 December 2007 if there is no certificate yet. In this case, the order is to be limited until 31 December 2007.

(4) § 24 shall apply with the proviso that the first transparency report shall be published for a financial year which has begun after 31 December 2006.

In-force pedals

§ 28. This federal law will enter into force on 1 September 2005.

Enforcement

§ 29. The Federal Minister for Economic Affairs and Labour is responsible for the enforcement of this federal law. The Federal Minister of Finance is responsible for the enforcement of Section 20 (3).

Article 2

Amendment of the Economic Scatter Trade Act

The Economic Scattering Trade Act, BGBl. I N ° 58/1999, as last amended by BGBl. I n ° 135/2001, shall be amended as follows:

1. The table of contents is:

" TOC

Part 1: Professional law

1. Main item: Economic scatter trades-authorization scope

§ 1.

Economic scatter trades

§ 2.

Authorization scope-Self-employed accountant

§ 3.

Authorization Scope-Tax Advisor

§ 4.

(omitted)

§ 5.

Authorization scope-Chartered Accountant

§ 6.

Authorization scope-Other

§ 7.

Public Order-Recognition

2. Main piece: Natural persons

1. Section: General

§ 8.

Requirements

§ 9.

Special trustworthiness

§ 10.

Orderly economic conditions

§ 11.

Property damage-liability insurance

§ 12.

Professional seat

Section 2: Examination-Approval

§ 13.

Admission Requirements-Fachprüfung Self-employed Accountant

§ 14.

Admission Requirements-Fachprüfung Steuerberater

§ 15.

Billing Times

§ 16.

Admission requirements-Fachprüfung Wirtschaftsprüfer

§ 17.

Application

§ 18.

Decision on the application

§ 19.

Review of admission requirements

§ 20.

Invitation to the first examination part

§ 21.

Resignation-Resignation

§ 22.

Audit fee

§ 23.

Partial exams fall

3. Section: Examination-Self-employed accountants

§ 24.

Review

§ 25.

Written Review Part

§ 26.

Oral examination part

§ 27.

Audit exemptions

Section 4: Examination-Tax Consultants

§ 28.

Review

§ 29.

Written Review Part

§ 30.

Oral examination part

§ 31.

Audit exemptions

§ 31a.

Audit exemptions for accountants

Section 5: Examination-Auditor

§ 32.

Review

§ 33.

No

§ 34.

Written Review Part

§ 35.

Oral examination part

§ 35a.

Audit exemptions for tax consultants

Section 6: Examination committees

§ 36.

General

§ 37.

Audit Committee-Self-employed Accountants

§ 38.

Audit Committee-Tax Consultants

§ 39.

Audit Committee-Accountants

§ 40.

Independence

§ 41.

Rebutting-Revelation

§ 42.

Compensation

§ 43.

Law Firm

7. Section: Examination course-Examination reviews

§ 44.

Language-Evaluation-Public

§ 45.

Klausurarbeit

§ 46.

No

§ 47.

Order of exams

§ 48.

Retries-Klausurarbeit

§ 49.

Oral examination part assessment

§ 50.

Niederschrift

§ 51.

Repetitions-Oral Review

§ 52.

Audit result-announcement

§ 53.

Examination certificates-Confirmations

§ 54.

Examination Rules

8. Section: Professional Warrior

§ 55.

Requirements

§ 56.

Login

§ 57.

Login-notification

§ 58.

List of professional warrior

9. Section: Order procedures

§ 59.

Application for public order

§ 60.

Claim to public order

§ 61.

Public Order-Registration

§ 62.

Funeral-Deleted

§ 63.

Failure of the public order

§ 64.

Nullity

3. Main piece: Companies

1. Section: Economic Scattering Companies

§ 65.

Requirements

§ 66.

Permissible social forms

§ 67.

Seat Company

§ 68.

Shareholders

§ 69.

Supervisory Board

2. Section: Interdisciplinary cooperation

§ 70.

Requirements

§ 71.

Other professional activities

§ 72.

Permissible social forms

§ 73.

Seat Company

§ 74.

Shareholders

§ 75.

Other provisions

3. Section: Recognition Procedure

§ 76.

Application for recognition

§ 77.

Claim for recognition

§ 78.

Recognition

§ 79.

Failure to recognise

§ 80.

Nullity

§ 81.

Registration-Declarations

4. Main item: Rights and obligations

1. Section: General rights and obligations

§ 82.

General

§ 83.

Exercise Policy

§ 84.

Job titles

§ 85.

Branch offices

§ 86.

Outsourced departments

§ 87.

Dispute resolution

§ 88.

Orders and Plenipotentiary

§ 89.

Interdisciplinary cooperation-work contracts

§ 90.

Other activities

§ 91.

Confidentiality of Obligations

§ 92.

Deputy Order Permission

§ 93.

Deputy Order Commitment

§ 94.

Vicarious agents

§ 95.

Commission-commission reservation

§ 96.

Formal confirmation notices-Societies

§ 97.

Power to rest

§ 98.

Other reporting requirements

5. Main item: suspension-recovery-recovery

1. Section: Suspending

§ 99.

Requirements

§ 100.

Suspension of suspension

§ 101.

Publication

2. Section: Erdeleting authorization

§ 102.

General

§ 103.

Waiver

§ 104.

Revocation of the public order

§ 105.

Revocation of recognition

§ 106.

Deletion-Publication

3. Section: Recovery

§ 107.

Continuing Law

§ 108.

Spouses

§ 109.

Children

§ 110.

Spouses and children

§ 111.

Application for approval

§ 112.

Approval

§ 113.

Enunciation of the right to continue-Chancelling

§ 114.

Exploitation of the Climate Change

§ 115.

Liquidator

6. Main item: Administrative transgressions

§ 116.

Criminal provisions

§ 117.

Information requirements

2. Part: disciplinary law

1. Main item: General provisions-Professional vergo

§ 118.

Responsibility-Companies

§ 119.

Strafarten

§ 120.

Occupation

2. Main piece: Disciplinary Proceedings

§ 121.

Disciplinary Board-Disciplinary Board

§ 122.

Disciplinary Board

§ 123.

Disciplinary Council

§ 124.

Appointment of Members

§ 125.

Order and exercise hindrances-exclusion-bias-revocation of the order

§ 126.

Relaying function

§ 127.

Reordering Members

§ 128.

Replacement of cash outlays

§ 129.

Management-Supervision

§ 130.

Chamber Attorney-Tasks

Section 131.

Display and Defense

§ 132.

Initiation of disciplinary proceedings

§ 133.

Investigative Commissions-Tasks

§ 134.

Investigation

§ 135.

Conclusion of the investigation

§ 136.

Oral proceedings

§ 137.

Decision-making-finding

§ 138.

Log

§ 139.

Announcement and delivery of the discovery

§ 140.

Appeal-Oral proceedings

§ 141.

Delivery

Section 142.

Procedural costs

§ 143.

Enforcement of findings

§ 144.

Application of other provisions

3. Part: Professional Representation-Chamber of Economic Scatterers

1. Main piece: General

1. Section: Institution-Tasks-Institutions

§ 145.

Purpose

§ 146.

Tasks

§ 147.

Organs

§ 148.

President

Section 149.

Vice-Presidents

§ 150.

Bureau

§ 151.

Board

§ 152.

Occupational group obmen

§ 153.

Committees

§ 154.

Country

§ 155.

Chamber Day

§ 156.

Auditor

§ 157.

Exercise of function

§ 158.

Loss of function

2. Section: Chamber Office

§ 159.

Setup tasks

§ 160.

Chamber Office-Staff

Section 161.

Order

§ 162.

Rules of

3. Section: Membership

§ 163.

Ordinary and extraordinary members

§ 164.

Start and end of membership

§ 165.

Duties of Members

§ 166.

Lists of Members

§ 167.

Return of documents

4. Section: Gebarung-Household-Relocations

§ 168.

Gebarung

§ 169.

Annual estimates

§ 170.

Clearance of accounts

§ 171.

Financial Regulation-circulation order

§ 172.

Recovery of claims

§ 173.

Preventive institutions

Section 5: Other provisions

§ 174.

Supervision

§ 175.

Mutual assistance obligations

§ 176.

Data protection

§ 176a.

Party position of the Chamber of Economic Scatterers

Section 177.

Confidentiality of Obligations

2. Main item: Elections

1. Section: Cost-Electoral Regulations

§ 178.

Cost

§ 179.

Electoral Regulations

2. Section: Election in the Chamber

§ 180.

General principles

§ 181.

Function period of the Chamber Day

§ 182.

Order of choice

§ 183.

Constituencies

§ 184.

Allocation of the mandates to the constituencies

§ 185.

Right to vote

§ 186.

Passive Electoral Law

§ 187.

Main Electoral Commission-Order

§ 188.

Main Electoral Commission-Tasks

§ 189.

Kreiswahlcommissions-Order

§ 190.

Kreiswahlcommissions-Tasks

§ 191.

Election Commissions-Order

§ 192.

Election Commissions-Exercises of the function

§ 193.

Meetings of electoral commissions

§ 194.

Office of election commissions

§ 195.

Trusts

§ 196.

Call for tenders for election-election manifestation

§ 197.

Voter Lists

§ 198.

Nominations

§ 199.

Examination of nominations

§ 200.

Manifestation of the election proposals

§ 201.

Election Envelopes-Ballot Papers-Voting

§ 202.

Voting procedure

§ 203.

Vote Count

§ 204.

Investigative procedure

§ 205.

Opposition proceedings

§ 206.

Understanding

§ 207.

Post-occupation

§ 208.

Constitution of the Chamber

Section 3: Election of the Executive Board

§ 209.

Function Period of the Management Board

§ 210.

Line

§ 211.

Electoral law

§ 212.

Nominations

§ 213.

Electoral procedure

§ 214.

Opposition proceedings

§ 215.

Post-occupation

§ 216.

Constitution of the Executive Board

4. Section: Election of the Bureau

§ 217.

Function period of the Bureau

§ 218.

Line

§ 219.

Electoral law

§ 220.

Nominations

Section 221.

Electoral procedure

§ 222.

Opposition proceedings

Section 223.

Taking over of the official business

Section 224.

Post-occupation

5. Section: Other electoral provisions

Section 225.

Freewheel Run

§ 226.

Deliveries

Part 4: Final provisions

Section 227.

In-force pedals

§ 228.

Out-of-Force Trees

§ 229.

Transitional provisions

Section 229a.

Transitional provisions-Examination procedure

§ 229b.

Transfer of professional competence to accountants

§ 229c.

Other transitional provisions

§ 230.

References

§ 231.

Intergovernmental agreements

§ 232.

Enforcement "

1a. § 1 (1) (2) deleted.

1b. § 4 deleted.

2. § 2 (1) reads:

" (1) The self-employed accountant, who is self-employed, shall be entitled to exercise the following activities for the self-employed exercise of the professional accountant's profession:

1.

the pagatory accounting (business accounting) including the payroll accounting and the compilation of the balance lists for holdings and the income and expenditure account within the meaning of § 4 (3) of the Income Tax Act 1988, BGBl. No 400/1988,

2.

the conclusion of books (creation of balance sheets) according to commercial law or other legal regulations within the framework of the German Federal Tax Code (BGBl), § 125 of the Federal Tax Code. No. 194/1961, in the version of the Federal Law BGBl. I n ° 9/1998,

3.

the representation in tax and discharge procedures for federal, state and municipal levies, with the exception of the representation before the financial authorities, the Independent Administration Senates and the Administrative Court, but including the inspection of files on by electronic means to the financial authorities,

4.

the representation and submission of declarations in matters of the under-annual turnover tax declarations, including summary declarations; and

5.

the costing accounting (calculation). "

3. In § 3 (2) Z 8, the word "and" before Z 9 by a dash, in Z 9 the point by the word "and" replaced and the following Z 10 added:

" 10.

the representation in proceedings before the Verwaltungsgerichtshof (Administrative Court) in the case of charges and duties, and in that procedure the complaint and the requests for the resumption of proceedings and the re-establishment of rights also with the signature of the latter "

4. § 5 reads:

" § 5. (1) The person entitled to self-employment of the accountant chartered accountant shall be reserved for the exercise of his works of economic interest, which shall be referred to in other laws, with the express provision that: they can only be carried out in a valid way by auditors.

(2) In addition, the persons entitled to carry out the self-employed exercise of the professional accountant profession shall be entitled to exercise the following activities:

1.

carrying out audit tasks, which do not require the issuing of a formal confirmation notice, and written reporting in this regard,

2.

the statutory and any public or private audit of the accounts, the accounts, the cost accounting, the calculation and the commercial building of undertakings with which the issuing of a contract is subject to a formal confirmation notice,

3.

advising in the field of bilanism and the conclusion of commercial books,

4.

all advisory services and activities relating to in-company accounting and advice relating to the establishment and organisation of the internal control system;

5.

the reorganisation advice, in particular the preparation of remediation reports, the organisation of remediation plans, the examination of remediation plans and the monitoring of the implementation of reorganisation plans,

6.

advice on legal matters in so far as these are directly related to the work-related work to be carried out for the same contracting authority,

7.

the advising and representation of their entities in foreign exchange matters, with the exclusion of representation before the courts;

8.

the reimbursement of expert opinions in the fields of accounting and education, and in those areas for which knowledge of the accounting and business administration is required by professional judgement,

9.

the exercise of those business-related works, which are referred to in other laws with the express provision that they can only be carried out by the accountants and

10.

all activities according to § 3. "

5. § 8 (3) reads:

" (3) If the professional person of the Chamber of Economic Scatterers declares in writing that he will exercise the trade-related profession solely on an unselfemployed basis, he shall, during that period, be from the maintenance of the Property damage-liability insurance exempt. "

6. § 9 reads:

" § 9. The special trustworthiness shall not be available if the professional has been legally convicted or punished.

1. (a)

by a court of law on the grounds of a criminal offence committed in the event of a criminal offence, to a custodial sentence of more than one year, or

b)

by a court of law on the grounds of a criminal offence committed under the scope of an enrichment-related clause; or

c)

by a court or tribunal on the grounds of a financial error, or

d)

by a financial criminal authority on the grounds of an intentional financial offence, with the exception of a financial regulation, and

2.

this conviction or punishment is not yet satisfied, or as long as the restriction of the information pursuant to § 6 para. 2 or paragraph 3 of the Tilgungsgesetz 1972, BGBl. No. 68, has not yet occurred. "

7. § 10 reads:

" § 10. There is no need for an orderly economic situation if:

1.

the assets of the professional shipyard are pending or have been officially opened within the last ten years, unless the bankruptction has been lifted after a compulsory equalisation, or

2.

the assets of the professional advertiser have been subject to a countervailing procedure twice within the last ten years and have in the meantime not left out or paid for all the liabilities on which this procedure is based , or

3.

an application for a bankrupter opening has been lodged against the professional advertiser within the last ten years, but the application has been rejected due to a lack of sufficient assets and the overindebtedness has not been removed. "

8. § 12 reads:

" § 12. (1) Professional persons are obliged to have a professional seat situated in an EU or EEA Member State.

(2) In the case of an independent professional, a professional seat is to be understood as a permanent institution which, through its personnel, material and functional equipment, is responsible for the fulfilment of the professional qualifications required by a professional. Requirements are guaranteed.

(3) Professional persons may only have a professional seat in Austria. "

9. § 14 reads:

" § 14. (1) To be admitted to the examination for tax advisers, who

1. (a)

has successfully completed a subject-related university degree or a subject-related university of applied sciences or university degree or a comparable education in Austria, and

b)

at least three years as a professional candidate for a professional who has tax advisers on his or her professional competence or with a recognised auditor who provides tax advice and representation of members of the association Tax authorities, in Austria, acted as tax advisors, or

2.

In Austria, the examination for auditors or the examination of the cooperative auditor has been successfully completed and at least two years shall be valid for a tax advisor or for a recognised auditor who shall be responsible for the examination of the Tax advice and representation of members of the association before tax authorities has been active, tax advising or

3.

has exercised the independent profession of self-employed accountant for at least nine years.

(2) Activities referred to in paragraph 1 (1) (1). b and Z 2, which do not reach the working time fixed by the economic operators, are to be expected only in a proportionate way.

(3) The duration of the activity referred to in paragraph 1 (1) (3) shall be calculated on the basis of the maximum authorised professional activities in the accounting system for a maximum period of five years. Activities which do not reach the working time fixed for employees in commercial firms are to be expected to be relatively limited.

(4) The Chamber of Economic Scatters has to determine by means of a regulation which university studies, university studies and university-level courses the requirements of paragraph 1 (1) (1) (lit). a. Subject-relevant university studies, university studies and university-level courses are to be understood as those which provide the basic knowledge required for the exercise of the liberal profession of tax adviser. This Regulation shall be published in the Official Journal of the Chamber of Economic Scatterers and on the Internet on the homepage of the Chamber of Economic Scatterers. The content made available on the Internet must be accessible at any time without proof of identity and free of charge, and must be able to be determined completely and in the long term in its written form. "

10. § 15 together with headline reads:

" Billing Times

§ 15. (1) For the duration of the activity as a professional contender in accordance with § 14 (1) (1) (1) (1) lit. b are to be set off:

1.

practical activities which provide the qualified knowledge necessary for the profession of tax adviser, in the maximum of one year,

2.

Activities as a candidate for a lawyer or a notarial candidate, or in the legal service in the financial procuration or as a patent attorney for a maximum of one year, and

3.

a comparable activity abroad, with the activities listed in Z 1 and 2, to a maximum of one year.

(2) For the duration of the activity as a professional contender in accordance with § 16 (1) Z 2 lit. a are to be expected:

1.

practical activities which provide the qualified knowledge required for the profession of auditor, in the maximum of one year,

2.

Activities as an auditor in the examination office of the Sparkassen-Examination Association in the maximum amount of one year,

3.

the activity as a signatory examiner of the examination office of the Sparkassen-Examination Association in the maximum amount of one year and

4.

a comparable activity abroad with the activities listed in Z 1 for a maximum of one year.

(3) For the duration of the activity according to § 16 (1) Z 2 lit. b are to be set off:

1.

with such comparable activities abroad for a maximum of one year,

2.

Activities as an auditor in the examination office of the Sparkassen-Examination Association in the maximum amount of one year and

3.

the activity as a signatory examiner of the Examination Office of the Savings Banks Examination Association in the maximum amount of one year.

(4) The periods referred to in paragraph 1 are to be calculated on the basis of the activity as a professional contender as a whole only up to the maximum extent of one and a half years. In any case, periods in accordance with paragraph 3 are to be counted only up to the maximum extent of one year. Periods according to section 1 and section 2 are not to be expected if these activities were made compulsory in the course of training in accordance with § 14 (1) (1) (1) (1) (1). Activities which have already been put in place can no longer be credited.

(5) In addition, accounting periods which coincide with the activity as a professional contender for economic agents shall not be taken into account.

(6) Activities which do not reach the working time fixed for employees in commercial firms are to be expected to be relatively limited.

(7) Invoices as referred to in paragraphs 2 and 3 shall be admissible only in so far as a practical training pursuant to Article 8 of the Eighth Council Directive of 10 April 1984, pursuant to Article 54 (3) (g) of the Treaty, on the admission of the Statutory audits of persons responsible for accounting documents, 84 /253/EEC. "

11. § 16 reads:

" § 16. (1) To be admitted to the examination for the auditor, who

1.

has completed a subject-related university degree or a technical university of applied sciences in Austria, and

2. a)

at least three years as a professional candidate with a professional who has the authority of auditors or accountants, or as a revisionist at a revisional association of the acquisition and economic cooperatives or as a revisionist. Audit Assistant or authorised auditor of the Examination Office of the Sparkassen-Examination Association in Austria was responsible for the auditing of the audit department or

b)

In Austria, the examination for tax advisors has been successfully completed and for at least two years the main professional audit activities in Austria have been carried out.

(2) Overall, a practical training pursuant to Article 8 (1) of the Eighth Council Directive of 10 April 1984 on the basis of Article 54 (3) (g) of the Treaty on the approval of those responsible for carrying out the statutory audit of the accounting documents. Persons, 84 /253/EEC.

(3) The activities referred to in paragraph 1 (1) (2), which do not achieve the working time fixed in the case of business shemakers, are to be calculated in a relatively simple way.

(4) The Chamber of Economic Scatterers shall establish by means of a Regulation which university studies and technical college studies comply with the conditions laid down in paragraph 1 (1) (1). Subject-related university studies and university studies are to be understood as those which provide the basic knowledge required for the exercise of the independent profession of auditor. This Regulation shall be published in the Official Journal of the Chamber of Economic Scatterers and on the Internet on the homepage of the Chamber of Economic Scatterers. The content made available on the Internet must be accessible at any time without proof of identity and free of charge, and must be able to be determined completely and in the long term in its written form. "

Article 18 (3) reads as follows:

" (3) The German Federal Minister of Economics and Labour, pursuant to Section 68 (4) (4) of the General Administrative Procedure Act 1991, BGBl, shall be void and shall not be subject to a technical examination. No 51, to be annulled if one of the statutory admission requirements has been lacking and is still missing. "

13. The following paragraph 5 is added to § 19:

"(5) The provisions of para. 1 to 4 shall also apply to nationals of an EU or EEA Contracting Party."

14. § 20 together with the title is:

" Invitation to the first examination part

§ 20. The chamber of the economic trustees has to invite the applicant to the next scheduled date after admission to a technical examination for the first examination part. "

15. § 23 reads:

" § 23. (1) Already passed partial examinations within the framework of the subject examination for self-employed accountants, for tax advisors and for auditors expire seven years after the invitation to the first part-examination.

(2) In the event of decay in accordance with paragraph 1, both the granted admission to the subject examination and the examination fees shall apply to lapsed. "

16. § 27 (2) reads:

" (2) The Chamber of Economic Scatterers has to determine by means of a Regulation which training is in accordance with the conditions laid down in paragraph 1. This Regulation shall be published in the Official Journal of the Chamber of Economic Scatterers and on the Internet on the homepage of the Chamber of Economic Scatterers. The content made available on the Internet must be accessible at any time without proof of identity and free of charge, and must be able to be determined completely and in the long term in its written form. "

17. § 30 reads:

" § 30. The oral examination part shall include the answer to examination questions from the following subjects:

1.

Quality assurance, risk management and professional law of the business managers, in particular with regard to their activities as tax advisors,

2.

the right of duty, including the right of duty,

3.

accounting, in particular

a)

Legal basis of the annual accounts, principles of proper accounting and accounting, breakdown, evaluation, reporting and interim financial statements,

b)

Year-on-year analysis, key figures and indicator systems,

c)

the broad lines of the consolidated accounts,

d)

Special balance sheets taking into account trade and tax legislation,

e)

Organisation of the EDP application for financial reporting,

f)

Accounting and payroll and payroll accounting and

g)

the broad lines of international accounting,

4.

Business administration, in particular

a)

Cost and benefit calculation including short-term success calculation,

b)

the broad lines of the company's organisation (in particular organisational structure, information systems and internal control),

c)

Planning invoices,

d)

Financing and investment, including company valuation,

e)

economic tax theory;

f)

Operational Analysis and

g)

Organization of the EDP application for the under lit. a to f listed areas and

5.

legal doctrine, in particular

a)

the fundamental principles of civil law, with particular reference to the right of guilt, property and inheritance,

b)

Commercial law, with particular reference to the right of partnerships, corporations and accounting rules,

c)

insolvency law,

d)

Social security and labour law,

e)

Basic principles of constitutional and administrative law, with a focus on procedures before the Administrative Court and the broad guidelines of environmental law, and

f)

selected parts of EU law, in particular the relationship between state law and Community law, legal protection in the Community and Community law in the areas of accounting and tax law. "

19. § 32 reads:

" § 32. The examination for auditors shall consist of:

1.

the written part of the examination referred to in § 34 and

2.

the oral examination part according to § 35. "

20. § 33 deleted

21. § 34 reads:

" § 34. (1) The written part of the examination must include the preparation of five written examination papers.

(2) A written examination has to include the preparation of examination questions in the field of accounting in accordance with § 35 Z 3 lit. a, c, and g.

(3) A written examination has to include the preparation of examination questions from the subject area of the final examination according to § 35 Z 6.

(4) A written examination has the elaboration of examination questions in the field of law in accordance with § 35 Z 5 lit. c and g.

(5) A written examination has to include the preparation of examination questions in the field of business administration in accordance with § 35 Z 4.

(6) A written examination with the content and scope in accordance with § 29 (2).

(7) The examination questions of the written examination referred to in paragraphs 2, 3 and 4 shall be submitted in such a way that they can be prepared by the applicant in each case in four hours. The respective exams must be terminated after four and a half hours.

(8) The examination questions of the written examination referred to in paragraphs 5 and 6 shall be submitted in such a way that they can be worked out by the applicant in six hours. The exams are to be ended after seven hours. "

22. § 35 reads:

" § 35. The oral examination part shall include the answer to examination questions from the following subjects:

1.

Quality assurance, risk management and the right of professional accountants, in particular with regard to the activity as auditor,

2.

the right of duty, including the right of duty, in particular sufficient knowledge of the laws, regulations and administrative provisions relevant to the statutory audit,

3.

accounting, in particular

a)

Special questions of the annual accounts and the interim financial statements and the content of the situation report,

b)

Year-on-year analysis, key figures and indicator systems,

c)

Group accounting,

d)

Special balance sheets taking into account trade and tax legislation,

e)

Organisation of the EDP application for financial reporting,

f)

The broad guidelines of the special accounting rules and

g)

international accounting standards,

4.

Business administration, in particular

a)

Cost and benefit calculation including short-term success calculation,

b)

company organisation (in particular organisational structure, information systems and internal control) and risk management,

c)

Planning invoices,

d)

Financing and investment, including company valuation,

e)

economic tax theory;

f)

Operational Analysis and

g)

Organization of the EDP application for the under lit. a to f listed areas,

5.

legal doctrine, in particular

a)

the fundamental principles of civil law, with particular reference to the right of guilt, property and inheritance,

b)

Commercial law, with particular reference to the right of partnerships and corporations and the accounting rules,

c)

particular knowledge of insolvency law,

d)

Social security and labour law,

e)

-the basic principles of constitutional and administrative law, with a focus on proceedings before the Administrative Court and the broad guidelines of environmental law,

f)

selected parts of EU law, in particular the relationship between national law and Community law, legal protection in the Community and Community law in the areas of accounting and tax law, and

g)

special knowledge of the capital companies, cooperatives and foundations and corporate governance,

6.

Final examination, in particular

a)

Final and special audits, taking into account the areas listed under Z 3, including reporting,

b)

international audit principles,

c)

Audit of internal control systems,

d)

Examination of the computerised application in the accounts,

e)

Testing with technical aids and application of test software and

f)

Basic statistics, insofar as they are relevant for the final examination,

7.

Basic principles of economics and financial science, insofar as they are relevant for the final examination, and

8.

Broad lines of banking, insurance, securities law (including stock exchange law) and foreign exchange law. "

23. In accordance with § 35, the following § 35a and heading is inserted:

" Exam Exemption for Tax Consultants

§ 35a. (1) Examination candidates who are subject to the examination for auditors and who have already successfully passed the examination for tax advisors are within the scope of the written examination part of the filing of the written examination according to § 34 (5) and (6).

(2) The answer to the examination questions in the context of the oral examination subject has to be limited in these cases.

1.

In the field of quality assurance, risk management and professional law of the business managers, in particular with regard to the activity as an auditor in accordance with § 35 Z 1,

2.

in the context of the accounting department in accordance with § 35 Z 3 in the fields of special questions of the financial statements and the interim financial statements and contents of the management report, group accounting, broad guidelines of the special accounting regulations, as well as international accounting standards,

3.

within the framework of the business administration sector in accordance with § 35 Z 4 in the field of corporate organisation (in particular organisational structure, information systems and internal control) and risk management,

4.

Within the scope of the subject area of law according to § 35 Z 5, special knowledge of insolvency law and special knowledge of the capital companies, cooperatives and foundations and corporate governance,

5.

to the subject area of the final examination according to § 35 Z 6,

6.

Basic principles of economics and financial science, insofar as they are relevant for the final examination in accordance with § 35 Z 7 and

7.

on the subject of the broad guidelines of banking, insurance, securities law (including the stock exchange law) and foreign exchange law in accordance with § 35 Z 8. "

24. § 36 reads:

" § 36. (1) Examination committees for the holding of the specialized examinations for self-employed accountants, for tax advisors and for accountants are to be set up in the Chamber of Economic Scatters.

(2) Within the framework of the examination committees for self-employed accountants and for tax advisors, the State Examination Committees shall be set up at the national offices of the Chamber of Economic Scatterers.

(3) The duration of the function of the examination committees shall be five years. "

25. § 37 reads:

" § 37. (1) The examination board for the holding of specialist examinations for self-employed accountants has to be composed of:

1.

a chairman,

2.

the required number of alternates and

3.

of the required number of audit commissioners.

(2) The county of the State Examination Committees shall appoint one Chairman and the required number of alternates.

(3) The Chairman of the Audit Committee as well as his deputy and the chairpersons and their alternates of the State Examination Committees shall be appointed by the Federal Minister of Economics and Labour after hearing the Chamber of Economic Scatterers order.

(4) Two-thirds of the examination commissioners are to be appointed by the Federal Minister of Economics and Labour on a proposal from the Chamber of Economic Scatterers, a third is to be ordered by the Federal Minister of Finance and Finance.

(5) The examination commissioners are to be taken from the circle

1.

members of the profession,

2.

the university lecturer in relevant subjects,

3.

other eminent experts in the field of knowledge,

4.

staff of the Higher Financial Service; and

5.

the main professional members of the Independent Financial Supervisory Board.

(6) The chairpersons of the State Examination Committees have to form examination commissions for the holding of the oral examination part of the technical examinations at the respective state office of the Chamber of Economic Scatterers.

(7) The examination commissions for the holding of the subject examinations for self-employed accountants are quorum if present:

1.

the chairman or one of his substitutes, and

2.

at least three audit commissioners.

(8) The Chairman of the Audit Committee and the chairpersons of the National Audit Committees shall not be members of the circle of professional persons. "

26. § 38 reads:

" § 38. (1) The examination board for the holding of specialist examinations for tax consultants has to be composed of:

1.

a chairman,

2.

the required number of alternates and

3.

of the required number of audit commissioners.

(2) The county of the State Examination Committees shall appoint one Chairman and the required number of alternates.

(3) The Chairman of the Audit Committee as well as his deputy and the chairpersons and their alternates of the State Examination Committees shall be appointed by the Federal Minister of Economics and Labour after hearing the Chamber of Economic Scatterers order.

(4) Two-thirds of the examination commissioners are to be appointed by the Federal Minister of Economics and Labour on a proposal from the Chamber of Economic Scatterers, a third is to be ordered by the Federal Minister of Finance and Finance.

(5) The examination commissioners are to be taken from the circle

1.

members of the profession,

2.

the university lecturer in relevant subjects,

3.

of other eminent experts in the field of knowledge,

4.

staff of the Higher Financial Service; and

5.

the main professional members of the Independent Financial Supervisory Board.

(6) The chairpersons of the State Examination Committees have to form examination commissions for the holding of the oral examination part of the technical examinations at the respective state office of the Chamber of Economic Scatterers.

(7) The examination commissions for the holding of the examination for tax advisers are quorum if they are present:

1.

the chairman or one of his substitutes, and

2.

at least three audit commissioners.

(8) The Chairman of the Audit Committee and its alternates and the chairpersons of the National Audit Committees shall not be members of the circle of professional persons. "

27. § 39 reads:

" § 39. (1) The Audit Committee for the holding of audits for auditors has to be composed of:

1.

a chairman,

2.

the required number of alternates and

3.

of the required number of audit commissioners.

(2) The Chairman of the Audit Committee and his/her alternates shall be appointed by the Federal Minister for Economic Affairs and Labour after hearing the Chamber of Economic Scatterers.

(3) Two-thirds of the examination commissioners are to be appointed by the Federal Minister of Economics and Labour on a proposal from the Chamber of Economic Scatterers, one third is to be ordered by the Federal Minister of Finance.

(4) The examination commissioners are to be taken from the circle

1.

the financial officers who have taken the examination of the Higher Financial Service,

2.

the members of the professional group,

3.

the university lecturer in relevant subjects,

4.

of other eminent experts in the field of knowledge, and

5.

the main professional members of the Independent Financial Supervisory Board.

(5) The examination committees for the holding of the examination for auditors shall be subject to a quorum if they are present:

1.

the chairman or one of his substitutes, and

2.

at least five audit commissioners.

(6) The chairpersons of the examination committees may not belong to the circle of professional persons. "

Section 44 (2) reads as follows:

"(2) In the course of the evaluation of the written written examination, the names of the candidates may not be obvious or be disclosed to the examination commissioners."

29. § 45 together with headline reads:

" Klausurarbeit

§ 45. (1) The chairman of an audit committee has to determine two members of his examination committee in order to assess a written examination.

(2) These two members shall each independently assess the work either with "passed" or "failed".

(3) The written examination shall then be considered as a whole if both members of the Audit Committee have assessed the work with "passed". If both members of the Audit Committee assess the work with "fail", it does not have to be considered as a whole.

(4) A member of the Audit Committee shall assess the work with "passed" and the other Member with "failed", the Chairman of the Audit Committee shall have another member of its Audit Committee for the evaluation of the work. . Independent of the first two members, this member must assess the work either with "passed" or with "fail". If this member does not consider the work to be "passed", it does not have to be considered as a whole. If this member has been judged to be "passed", it shall be considered as a whole.

(5) Any assessment of a written examination must be justified. The examination candidates are not known to those members of the Examination Committee who have assessed the examination. Upon request, the examination candidates must be granted access to their assessed examinations.

(6) The decisions of the examination committees shall be unquestionable. "

30. § 46 deleted

31. § 47 reads:

" § 47. In the course of the examination, the candidate must first have a positive examination of the written part of the examination. He shall then be entitled to enter the oral examination part. "

32. § 48 together with headline reads:

" Repetitions-Clause

§ 48. (1) If a written examination with a total of "not passed" is assessed, then the candidate for examination shall be entitled to repeat it.

(2) For repetitions, the Examination Committee shall set a time limit after which the unsuccessfully completed written examination can be repeated. This period shall not exceed one year. If the deadline is set, the examination result and the next test date must be taken into account. "

33. § 51 (4) is deleted.

34. § 54 reads:

" § 54. (1) The Chamber of Economic Scatterers has to adopt an examination regulations by means of a Regulation. This Regulation shall be published in the Official Journal of the Chamber of Economic Scatterers and on the Internet on the homepage of the Chamber of Economic Scatterers. The content made available on the Internet must be accessible at any time without proof of identity and free of charge and must be able to be determined completely and in the long term in its written form.

(2) The Examination Regulations shall contain provisions on the detailed design of the technical examinations, in particular on:

1.

the duties of the members of the audit committees to ensure impartial and appropriate audits;

2.

the preparation of the examination topics, taking into account the work of the examination candidate to be assigned to the examination subject and area concerned,

3.

the execution of the written examination,

4.

the publication of written exam papers,

5.

the conduct of oral examinations and their duration,

6.

the management of the meetings in the course of oral examinations,

7.

the certificate to be issued and

8.

the rights and obligations of the staff of the Chamber of Economic Scatterers dealing with the examination procedure. "

35. § 62 (1) reads:

" (1) The Federal Minister of Economics and Labour or any representative appointed by the Federal Minister for Economic Affairs and Labour shall be responsible for making a plea and a plea.

(2) The oath formula reads: " I swear that I shall always comply with the laws of the Republic of Austria faithfully and unequitably, conscientiously fulfil the duties and duties of an auditor, comply with my duty of confidentiality and which shall be respected by the I will report to me in a conscientious and impartial manner. " The insertion of a religious empowerment is permitted.

(3) The vow formula shall be consistent with the oath formula in accordance with paragraph 2. "

36. § 64 (1) reads:

" (1) Public orders are void and by the Federal Minister of Economics and Labour pursuant to Section 68 (4) (4) of the General Administrative Procedure Act 1991, Federal Law Gazette (BGBl). No 51, if, at the time when the order was handed out, one of the conditions for the order was not met and it is still not fulfilled. '

37. § 65 (1) reads:

" (1) General conditions for the recognition of a company which intends to carry out business-related activities and activities which can be combined with it are:

1.

the existence of a permitted company form in accordance with § 66,

2.

a social contract concluded in writing;

3.

a company and a registered office pursuant to § 67,

4.

Shareholders or shareholders in accordance with § 68,

5.

a general supervisory board in accordance with § 69,

6.

a completed asset damage-liability insurance pursuant to § 11 and

7.

organized economic conditions according to § 10. "

38. § 65 (3) reads:

" (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. 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. "

39. § 65 (4) reads:

" (4) If there are only two members in the case of partnerships or limited companies, it is sufficient, if one of them is a professional authorized by the relevant professional group, to have a majority stake and to be self-employed shall be entitled to represent. "

40. § 67 (1)

" (1) The company shall abstain from the exercise of the trade-related professional profession

1.

Self-employed accountant, the name "Self-employed accounting company",

2.

Tax adviser, the name "Tax Consultative Society",

3.

Accountant the name "BuchAudit Company" and

4.

Auditor the name "Wirtschaftsprüfungsgesellschaft."

41. § 68 (1) reads:

" (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, and

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 is proven and the management and the representation to the outside are mostly carried out by professionals in Austria. "

42. § 68 (10) deleted

43. § 70 (1) reads:

" (1) General conditions for the recognition of a company which, in addition to the exercise of an economic activity, intends to carry out other activities, are:

1.

the authorized exercise of other permitted professional activities in accordance with § 71,

2.

the existence of a permitted company form in accordance with § 72,

3.

a social contract concluded in writing;

4.

a company and a registered office pursuant to section 73,

5.

Shareholders in accordance with § 74,

6.

a completed asset damage-liability insurance pursuant to § 11 and

7.

organized economic conditions according to § 10. "

Article 80 (1) reads as follows:

" (1) Recognitions are void and by the Federal Minister for Economic Affairs and Labour, in the case of companies according to the 3. Main section, second section, in agreement with the relevant Federal Ministers, pursuant to Section 68 (4) (4) (4) of the General Administrative Procedure Act 1991, BGBl. No 51, to be declared void if, at the time of recognition, one of the conditions of recognition was not fulfilled and remains unfulfilled. '

45. Before § 82 is inserted:

" 1. Section

General rights and obligations "

46. § 82 reads:

" § 82. (1) Professional persons are obliged to exercise their profession conscientiously, carefully, independently and independently and with due regard for the provisions contained in this main piece and the provisions contained in the Directive in accordance with § 83.

(2) If an authorized person is active as a mediator, he shall also have to comply with the professional duties to which he is entitled as a professional person. Special arrangements for mediators under other legislation shall not be affected by this. "

47. § 83 (3) reads:

" (3) This Directive shall be published in the Official Journal of the Chamber of Economic Scatterers and on the Internet on the homepage of the Chamber of Economic Scatterers. The content made available on the Internet must be accessible at any time without proof of identity and free of charge, and must be able to be determined completely and in the long term in its written form. "

47a. § 67 (1) (3) deleted.

(47b) § 84 reads:

" § 84. (1) Natural persons who are entitled to exercise an economic stray profession independently shall be obliged to refer to them in the exercise of the trade-related professional profession

1.

Self-employed accountant, self-employed accountant, "

2.

Tax adviser as,, tax adviser " and

3.

Auditor as,, chartered accountant.

(2) Natural persons according to § 1 (1) (1) (1) to (3) shall be an economic spreader within the meaning of this Federal Law and shall have the right, in addition to the professional title referred to in paragraph 1 (1) (2) to (3), also to lead the name, "Economic Scatter".

(3) Natural persons according to § 1 (1) (1) (1) (1) shall be entitled to use the name, "certified auditor and tax adviser" instead of the professional title referred to in paragraph 1 (3).

(4) Female professional persons are entitled to carry out the professional titles referred to in paragraphs 1, 2 and 3 in their female form.

(5) Professional persons who have the power to exercise another agreed professional activity shall be entitled to draw attention to them, in addition to the professional title referred to in paragraphs 1, 3 or 4. "

48. § 85 (2) reads:

" (2) Professional persons are entitled to establish branch offices. The establishment of a branch shall be subject to the transfer of the branch of the branch to a person with an upright professional competence who has its registered office in that province in which the branch is situated, in that main occupation and to the exclusion of any economic interest-related activity on its own account, shall be employed by the proprietor of the branch and shall have the right of professional authority to carry out the business-related activities carried out in the branch is required. "

49. § 88 (1) reads:

" (1) Professional persons are obliged to refuse the acceptance of an order which would bind them to instructions of a technical nature of the client when carrying out their duties. The acceptance of orders by professionals who are not included in the scope of their property liability insurance both for the reason and for the amount of the contract is inadmissible. The Chamber of Economic Scatters shall be entitled to examine all or certain of the scope of the financial liability insurance of the professional and to inform the outcome of the quality control authority. In the event of a sufficient concern or in the event of a request for information from the quality control authority, the Chamber of Economic Scatterers shall carry out such an examination without any unnecessary deprivation. The person entitled to work shall make available to the Chamber of Economic Scatterers all the information and documents necessary for the examination. "

Section 88 (9) reads as follows:

"(9) In the case of professional traffic, a professional person shall be based on the authorization given to him, so that this appeal shall be replaced by the documentary evidence."

Section 90 (2) reads as follows:

"(2) The exercise of other self-employed or self-employed activities, in addition to the exercise of a business-related professional profession, shall be inadmissible if they are based on a commission basis or if they endanger independence in the exercise of the right to pursue a professional career."

52. § 91 (4) reads:

" (4) The obligation of confidentiality shall not be required if and in so far as

1.

Reporting and reporting obligations under the provisions of Directive 91 /308/EEC on the prevention of the use of the financial system for the purpose of money laundering, as amended by Directive 2001 /97/EC, and the related thereto implementing measures or

2.

the contracting authority has expressly exempted the person entitled to the profession from this obligation, or

3.

Reporting and disclosure requirements within the framework of the quality checks on the basis of the Federal Law on Quality Assurance, BGBl. I No 84/2005, in the case of final exams. "

53. § 97 reads:

" § 97. (1) Professional persons are entitled to refrain temporarily from exercising their power to exercise their economic interests in an independent manner with the legal order which thereby arises from the obligation of professional authority to exercise their power of professional competence.

(2) The admission of fame shall be notified immediately in writing to the Chamber of Economic Scatterers. The Chamber of Economic Scatterers shall publish the entry of fame in the Official Journal of the Chamber of Economic Scatterers.

(3) Professional persons are not obliged to maintain the property liability insurance during the glory of their professional entitlement.

(4) The ending of fame shall be notified immediately in writing to the Chamber of Economic Scatterers. The written notification of termination of the fame shall be the evidence of the proof of the fulfilment of the general conditions pursuant to § 8 para. 1.

(5) The Chamber of Economic Scatterers shall prohibit the resumption of professional activity if:

1.

no supporting documents shall be submitted in accordance with paragraph 4; or

2.

the general conditions pursuant to § 8 (1) are not available, or

3.

in the case of the personal resumption of professional activity by a natural person after more than seven years of rest.

(6) In the case of Section 5 (3), it should be possible to refrain from any subsaiance if the person entitled to work has mainly worked in the relevant subject matter during that period.

(7) In the event of a personal resumption of the professional activity by a natural person after more than seven years of rest, the Chamber of Economic Scatterers shall make this resumption dependent on the deposition of the oral examination, if the person entitled to work has not worked primarily on the subject during that period.

(8) A written communication shall be issued on the inversion of the resumption. This decision must be sent to the person entitled to work on their own hands. The right of appeal is against the communication. The provincial governor has to decide on the appointment. The appeal does not have a suspensive effect.

(9) The Chamber of Economic Scatterers shall publish the termination of the fame in the Official Journal of the Chamber of Economic Scatterers. "

§ 116 Z 1 reads as follows:

" 1.

, without having to be a professional person, independently exercise an economic interest-based occupation or offer one of the activities listed in § § 2 to 5 without having the necessary authority, or "

55. § 120 Z 8 reads:

" 8.

in the case of professional traffic, falsely rely on an authorisation issued to him or on an order issued to him, or "

56. In § 120 Z 25, after the word "violated" the point by the word "or" replaced and the following Z 26 and 27 added:

" 26.

in the form of measures which are arranged under the quality control system of an undertaking subject to the quality control system, or do not recover the certificate issued in the event of withdrawal, or carry out statutory audits without an upright certificate, or

27.

offers or exercises any of the activities listed in § § 2 to 5 without having the necessary professional authority. "

Article 130 (5) reads as follows:

"(5) The Kammeranwalt shall be obliged to reimburse or forward to the competent senate the advertisements about professional detente, if no deferment is made in accordance with § 131 (1), and to represent them as a party in the disciplinary proceedings."

Section 131 reads as follows:

" Section 131. (1) If, after examination of a complaint about professional history, the Chamber's attorney does not give reasons for the prosecution, he shall be entitled, without prejudice to the possibility of the prior expert inquiry referred to in paragraph 2, to display the ad without any further proceedings. a short record of the considerations which determine it. If the Chamber's attorney returns an advertisement, he shall inform the professional who has already been heard and the scoreboard of those who have already been heard and the scoreboard.

(2) If the Chamber's lawyer does not immediately return an ad on professional proceedings without further proceedings, he shall immediately inform the person concerned of the advertisement and give him the opportunity to submit his comments within two weeks. The Chamber Attorney is entitled, meanwhile, to carry out preliminary surveys in order to clarify the facts themselves or to have them carried out by the Chamber Office.

(3) The displayed person is entitled to use a defender. As defenders are ordinary chamber members and persons who, according to § 39 paragraph 3 of the Criminal Procedure Code, BGBl. No. 631/1975, entered in the list of defenders.

(4) The Chairman of the Disciplinary Board shall have the right to impose penalties of up to EUR 727 on the minor of the professional offence. An appeal to be lodged with the disciplinary board within one week of the date of service shall be open to the disciplinary board. This shall have the effect of overriding the criminal order issued and of initiating the ordinary procedure. "

Section 132 (1) reads as follows:

" (1) In the absence of a deferment pursuant to § 131 (1), the Chamber's lawyer shall have the notification, accompanied by a request for the initiation of the disciplinary proceedings, to be refunded or forwarded to the competent Senate if the advertisement in the view of the Opinion of the indicated and the result of preliminary surveys is not to be returned. The referral to the Disciplinary Board shall be brought to the attention of the Chamber attorney and shall give him the opportunity to submit a counterstatement within two weeks and give him the opportunity to submit a counterstatement and to give him an opportunity to reply to the President of the Board of the Disciplinary Board. To submit a counter-motion. From the date of the complaint, the Chamber's lawyer shall inform the person of the complaint immediately. "

60. In Section 146 (2), the last word in Z 8 is deleted. " and ", it becomes and in Z 9 the point by the string" , and " replaced and the following Z 10 added:

" 10.

the conclusion and maintenance of a property liability insurance for the benefit of the members for damages, the amount of which exceeds the property liability insurance in accordance with § 11 para. 3 (Excpension insurance), if this is in the The interest of the whole of its members seems to be useful. "

Article 149 (3) reads as follows:

" (3) A transfer of certain areas of responsibility to the individual Vice-Presidents has to be carried out by decision of the Executive Board. This decision is to be brought to the attention of the Federal Minister for Economic Affairs and Labour. "

62. § 155 (2) reads:

" (2) The Chamber's Day shall, in particular, carry out the following tasks:

1.

the election of the members of the Management Board, their replacement members, the auditors and their alternates;

2.

the adoption of a decision on the budget to be submitted by the Management Board;

3.

the determination of the amount of allowances to be paid by Members and charges for special services,

4.

the receipt of the auditor's report, the decision-making on the annual accounts and the discharge of the board or individual chamber bodies,

5.

decision-making on dispositions relating to chamber assets to the extent that they are not already provided for in the approved budget;

6.

the fixing, release and amendment of the Financial Regulation, the Rules of Procedure, the Rules of Procedure, the Exercise Directive and the Rules of Procedure,

7.

the decision-making on the statutes of the pension institutions and the rules governing their performance and contributions; and

8.

the fixing, the release and the amendment of the regulations in accordance with § 14 (4), § 16 (2), § 27 (2), § 54, § 179 and § 231. "

63. § 155 (6) reads:

" (6) The Chamber's Day shall take its decisions by a simple majority of the valid votes cast. In the event of a tie, the Chairman's vote shall be taken. "

§ 158 reads as follows:

" § 158. (1) The Federal Minister for Economic Affairs and Labour has to suspend individual bodies and members of collective bodies and committees if:

1.

a criminal procedure has been initiated against it on account of a criminal offence which is based on the exclusion of eligibility for eligibility; or

2.

over their assets the bankrupting or countervailing procedure has been opened.

(2) The suspension shall be repealed after the final conclusion of the criminal, bankrupt or countervailing procedure.

(3) The Board of Management of the Chamber of Economic Scatter shall be able to discontinue members of committees which do not comply with their obligations under Section 157 (2).

(4) The Federal Minister for Economic Affairs and Labour has to convene individual bodies and members of collective bodies and committees if:

1.

if they subsequently enter into or become aware of circumstances which exclude their eligibility, or

2.

they have been guilty of a gross violation or neglect of their duties, or

3.

other serious reasons are present and this is required by the Chamber's Day.

(5) Decisions of the Board of Management pursuant to Section 3 and of the Chamber Day pursuant to Section 4 (3) shall be taken by a majority of two-thirds of the members present.

(6) The loss of full membership of the Chamber of Economic Scatterers shall at the same time result in the loss of all functions and memberships to committees. "

§ 162 reads:

" § 162. (1) The Chamber of Economic Scatterers shall adopt its Rules of Procedure.

(2) The Rules of Procedure shall, in particular, regulate:

1.

the internal management and transport of persons and bodies outside the Chamber of Economic Scatterers,

2.

the type and form of assessments of the chamber decisions and the production of the communications, entries and other documents of the Chamber of Economic Scatterers and

3.

the replacement of cash outlays and the granting and level of functional compensation of the chamber officials and members of the committee.

(3) The Rules of Procedure shall be published in the Official Journal of the Chamber of Economic Scatterers. "

66. § 168 (2) reads:

" (2) Relocations and charges for special services may be fixed only at such a level that their advent, together with any other revenue, shall be subject to the expenditure laid down in the approved annual estimate, including the Insurance pursuant to § 146 (2) (10) (10) plus reasonable reserves. They shall be determined on the basis of the different performance of the members and in accordance with the principle of proportionality. "

67. § 174 reads:

" § 174. (1) The Chamber of Economic Scatterers and all their facilities and undertakings shall be subject to the supervision of the Federal Minister for Economic Affairs and Labour.

(2) The supervision shall include concern for the lawful conduct of the business and for the maintenance of the administrative order of the administration.

(3) The Federal Minister of Economics and Labour shall, in particular, be entitled, in the handling of his right to oversight, to waive decisions, decisions and regulations.

(4) The Chamber of Economic Scatterers is obliged to provide the Federal Minister of Economics and Labour with information on request, to grant access to the file, and to have examinations carried out on the spot. There is no secrecy in relation to the Federal Minister for Economic Affairs and Labour.

(5) The guidelines and recommendations adopted by the Chamber of Economic Scatterers are to be brought to the attention of the Federal Minister for Economic Affairs and Labour without delay.

(6) The regulations adopted by the Chamber of Economic Scatterers shall be submitted without delay to the Federal Minister for Economic Affairs and Labour for approval. "

Section 175 (3) reads as follows:

" (3) The courts and the financial authorities shall be obliged to open an investigation into the Chamber of Economic Scatters of the Court on the grounds of a criminal offence committed with a sentence of more than one year's imprisonment. , a criminal offence committed with an attachment to enrichment, a criminal financial offence, other intentional financial offences, other than a financial regulation, and the Imposition of pre-trial detention or provisional detention against to inform a professional person without default and to inform the person of the outcome of the criminal proceedings brought about by a copy of the criminal decision or of the investigation and of the chamber of the economic distribution hands on request File inspection. However, pending the notification of the indictment, the courts may remove individual documents from the inspection, if special circumstances justify the fear that the purpose of the file shall be immediately informed of the purpose of the documents. Investigation would be at risk. "

§ 176a reads:

" Party position of the Chamber of Economic Scatterers

§ 176a. (1) Party in the appeal proceedings in the case of the proceedings before the provincial capitals normalised in this federal law is also the chamber of the economic scatterers.

(2) The right to appeal against the decision to appeal by the Governor for the illegality of their contents or for illegality as a result of infringement of procedural rules A complaint pursuant to Art. 131 (2) B-VG to the The Chamber of Economic Scatterers shall also be entitled to raise the Administrative Court. "

Section 177 (2) reads as follows:

"(2) The duty of confidentiality may, at the request of a court or authority, release the Bureau or, as far as it relates, the Federal Minister for Economic Affairs and Labour."

71. § 179 reads:

" § 179. The Chamber of Economic Scatterers has adopted, by means of a regulation, the detailed rules for the implementation of the elections of the chamber bodies. The electoral system shall be published in the Official Journal of the Chamber of Economic Scatterers. "

72. § 187 (3) reads:

" (3) The Chairman of the Main Electoral Commission and, in the event of his prevention, a deputy shall be appointed by the board of the Chamber of Economic Scatterers. The Chairman of the Main Electoral Commission and his deputy shall, before their function, enter into the hands of the President of the Chamber of Economic Scatterers the pledge of strict impartiality and conscientious fulfilment of those with their function to lay down obligations. "

73. § 187 (4) reads:

" (4) The six other members of the Main Electoral Commission shall be appointed by the board of the Chamber of Economic Scatterers on the basis of a proposal by the Bureau of the Chamber of Economic Scatterers. In the event of the prevention of these members, the Board of Directors of the Chamber of Economic Trees shall appoint a substitute member in each case on the basis of a proposal by the Bureau. "

Section 201 (3) reads as follows:

"(3) The constituency commissions shall send an official envelope and an official ballot with registered letter to all voters of their constituency, according to the voters ' list of their constituency."

Article 205 (5) reads as follows:

" (5) The appeal to the Federal Minister for Economic Affairs and Labour is admissible against the rejection of an opposition or a decision of the main election authority. The appointment shall be made in writing to the Main Electoral Commission within one week of the notification of the decision. The Main Electoral Commission shall immediately submit the appeal to the Federal Minister of Economics and Labour for a decision, following the election of the Federal Minister for Economic Affairs and Labour. "

76. § 218 reads:

" § 218. The election of the members of the Praesidium shall be led by the Chairman of the Main Electoral Commission. "

Section 227 (4) reads as follows:

" (4) The provisions of the Federal Law BGBl. I No 84/2005 will enter into force on 1 September 2005. '

§ 229a and its headline are:

" Transitional Determination-Examination Procedure

Section 229a. Examination procedures in accordance with the regulations of the Professional Hands-on Professional Order, BGBl. No. 125/1955, in the version of the Federal Law BGBl. No 431/1996, are to be brought to an end by 31 December 2007. Partial exams already passed, the granted admission to the technical examination and the examination fees expired, unless the examination candidate declares in writing within six months from the entry into force of this federal law, his exams in accordance with the provisions of the Economic Scatter Trade Act. "

79. § 229b reads:

" The transfer of the professional competence of the accountant

§ 229b. Accountants and accountant companies, which at the time of the entry into force of the Federal Law BGBl. I n ° 84/2005 as such are publicly appointed or recognised, shall be considered as auditors or auditing companies within the meaning of this Federal Law. Auditor, who after the entry into force of the Federal Law BGBl. I n ° 84/2005, which have been subject to audits carried out in accordance with the legal position applicable up to this point in force, shall not take over such contracts until they have sufficient technical and continuing training in the fields of expertise and training

-

Stock law and

-

Special accounting issues, consisting of international accounting and international auditing standards,

in accordance with § 2 (2) (2) (3) of the statutory audit-quality assurance law have been proven in the framework of the external quality assessment. "

80. § 229c with headline reads:

" Transitional provisions

§ 229c. (1) The BGBl Act at the time of the entry into force of the Federal Law. I No 84/2005,

1.

Ordinance of the Federal Minister for Economic Affairs on the admission to the examination for the examination of tax advisors (Tax Adviser), Federal Law Gazette (BGBl). II No 468/1999, as last amended by the BGBl Regulation. II No 22/2005,

2.

Ordinance of the Federal Minister for Economic Affairs on the admission to the examination of the auditor (Wirtschaftsprüfer-FachExaminzujunctive), BGBl. II No 467/1999, as last amended by the BGBl Regulation. II No 23/2005,

3.

Ordinance of the Federal Minister of Economics and Labour on the definition of training, the conclusion of which replaces the examination for self-employed accountants (SBH examination-exemption regulation), BGBl. II No 64/2001,

4.

Ordinance of the Federal Minister for Economic Affairs on the detailed design of the examination procedure for the technical examinations for the business-based occupations (Economic Scatter Profession Examination Regulations), BGBl. II No 47/2000,

shall be deemed to be federal regulations after the entry into force of this Federal Act. They shall not enter into force by the Chamber of Economic Scatterers, but at the latest by 31 December 2006, with the re-eration of the latter.

(2) At the time of the entry into force of the Federal Law BGBl. I n ° 84/2005 already pending applications for admission to subject or aptitude tests for tax consultants and auditors, which have not yet been decided in a legally binding manner, are in accordance with the provisions of the German Federal Economic Scatter Act (BGBl). I n ° 58/1999, as amended by the Federal Law BGBl. I No 135/2001, unless the candidate states that the request for authorisation is to be applied in accordance with the provisions of the Federal Law Gazette (BGBl). I No 84/2005. In the case of admission to subject or aptitude tests in accordance with the regulations of the German Federal Economic Scatter Trade Act, BGBl. I n ° 58/1999, as amended by the Federal Law BGBl. I n ° 135/2001, these provisions shall also apply to the examination procedure, unless the candidate for examination within six months from the entry into force of the Federal Law BGBl (Federal Law Gazette). I No 84/2005 declares that it must be carried out in accordance with the provisions of this Federal Law.

(3) Already outspoken authorisations remain in force. Examination procedures that have already begun are in accordance with the provisions of the German Federal Economic Scatter Trade Act (BGBl). I n ° 58/1999, as amended by the Federal Law BGBl. I No 135/2001, unless the candidate for examination in writing within six months of the entry into force of the Federal Law of the Federal Republic of Germany (BGBl). I n ° 84/2005 declares that its tests are in accordance with the provisions of the Federal Law BGBl. I No 84/2005.

(4) At the time of the entry into force of the Federal Law BGBl. I n ° 84/2005 are the examination procedures that have been initiated in accordance with the provisions of the Economic Scatter Trade Act, BGBl. I n ° 58/1999, as amended by the Federal Law BGBl. No. I 135/2001, unless the candidate for examination in writing within six months of the entry into force of the Federal Law of the Federal Republic of Germany (BGBl). I n ° 84/2005, declares that its tests are in accordance with the provisions of the Federal Law BGBl. I No 84/2005. Already completed positive parts of the examination are in accordance with the provisions of the Federal Law BGBl (Federal Law Gazette). I No 84/2005, provided that the deposit has not been longer than seven years. In these cases, the provisions of § 23 shall apply with the proviso that the period of time with the entry of the declaration of the candidate for examination, the examination procedure in accordance with the provisions of the Federal Law BGBl. I n ° 84/2005, to continue to run again.

(5) The examination committees for the technical examinations, which are carried out at the entry into force of the Federal Law BGBl. I n ° 84/2005, are considered to be the examination committees for the auditor, those for the examination tax advisors as such for the examination tax advisors, those for the examination as such for the self-employed accountant as such for the Subject examination Self-employed accountants. The provisions amending the composition of the examination boards shall only apply from the following period of operation. "

§ 231 reads:

" § 231. (1) The Chamber of Economic Scatterers shall, in accordance with the provisions of this Federal Law, have provisions which deviate from the provisions of this Federal Law to meet by means of regulations in accordance with the provisions of these agreements.

(2) A Regulation as referred to in paragraph 1 may be adopted prior to the entry into force of the inter-governmental agreement. However, it does not enter into force until it is in force.

(3) The Chamber of Economic Scatterers shall be determined by Regulation;

1.

which diplomas, certificates and other evidence of formal qualifications acquired in the territory of the EEA Contracting Parties outside the Republic of Austria shall be subject to the conditions of professional competence within the meaning of this Federal Law are suitable,

2.

Any additional professional knowledge of the EEA Contracting Parties ' nationals for the award of a power under this Federal Act either in the form of aptitude tests or in the form of courses and have

3.

When and in what form nationals of the EEA Contracting Parties shall have to display the provision of services to the Chamber of Economic Scatters and that they are subject to disciplinary provisions in the same way as nationals.

(4) Regulations referred to in paragraphs 2 and 3 shall be published in the Official Journal of the Chamber of Economic Scatterers and on the Internet on the home page of the Chamber of Economic Scatterers. The content made available on the Internet must be accessible at any time without proof of identity and free of charge, and must be able to be determined completely and in the long term in its written form. "

§ 232 reads:

" § 232. (1) The Federal Minister for Economic Affairs and Labour shall be responsible for the enforcement of this Federal Act, unless otherwise determined by paragraph 2.

(2) The Federal Minister of Finance is responsible for the enforcement of § § 37 (5), 38 (5) and 39 (4). "

Fischer

Bowl