93/2009 Sb.
LAW
of 26 March. March 2009
on Auditors and amendment to certain laws
(the law on Auditors)
Change: 227/2009 Sb.
Change: 139/2011 Sb.
Change: 188/2011 Sb.
Change: 420/2011 Sb.
Change: 52/2012 Sb.
Change: 167/2012 Sb.
Change: 428/2011 Sb.
Change: 458/2011 Sb.
Change: 334/2014 Sb.
Change: 221/2015 Sb, Sb 375/2015.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
ON AUDITORS
TITLE I OF THE
INTRODUCTORY PROVISIONS
§ 1
The subject of the edit
This law incorporates the relevant provisions of the European Union "^ 1") and modifies the
the rights and the duties of statutory auditors and audit firms
Auditor assistants and the scope of the Chamber of Auditors of the Czech Republic (hereinafter the
"the Chamber") and the Council for public oversight of the audit (hereinafter referred to as "the Council").
§ 2
Definition of terms
For the purposes of this Act, means the
and mandatory audit verification) the accounts or the consolidated
statements, whether serving a faithful and honest picture of the subject accounts in accordance
with the legislation and the relevant financial reporting framework, which
the basis of the annual accounts or consolidated accounts prepared,
If such verification requires a different legislation,
(b) the verification of the annual report) or the consolidated annual report verification
whether the information contained in the annual report or the consolidated annual report
that describe the facts, which are also reflected in the accounting
accounts or the consolidated accounts, are, in all material
respects, in accordance with the relevant financial statements or consolidated
financial statements, ".
(c) the audit of the activities of the implementation) of the statutory audit, review
in another legal regulation 6) ^ ^ this review
performed by the auditor, authentication, accounting records, other authentication
economic information the auditor or the implementation of other activities
the Auditor, if so provided by other legislation ^ 7) or other authentication
financial statements, other accounting records or parts thereof by
the Auditor,
(d)), the statutory auditor by a natural person, that the Chamber was released
the decision on the permission to carry out audit work (hereinafter referred to as
"the Audit privilege"),
e) audit firm legal person, which was released by the Chamber
Audit permissions
f) auditor statutory auditor or audit firm,
(g)) the auditor from a third country by a person other than a natural person who is
authorised to carry out statutory audits in a third country and is not entitled to
the implementation of the statutory audit in the Member State,
h) an auditor from a third country natural person, who is entitled to
the implementation of the statutory audit in the third country, and is entitled to the implementation
the statutory audit in the Member State,
I) auditor from another Member State by a person other than a natural person,
who is authorized to carry out statutory audits in another Member State,
j) auditor from another Member State of a natural person, who is entitled to
to carry out a statutory audit in another Member State,
group auditor to) one or more auditors who carry out the statutory
the audit of the consolidated accounts,
l) networks more extensive structure of relations or persons to which it belongs, the auditor
and that is focused on cooperation and the sharing of revenues or costs,
or has a common owner, the joint controlling person or the common
leadership, a common concept and procedures for quality management, a common
business strategy, or use a common brand or share
a significant part of professional capacities,
m) the related person of the audit firm, the person who has
the joint owner of the audit firm, is jointly controlled by or
controlled by,
n) international accounting standards of the international accounting standards (IAS),
international financial reporting standards (IFRS) and related
interpretations (SIC-IFRIC interpretations), amendments to those standards and
related interpretations issued or adopted by the international
the accounting standards Board (IASB),
a person outside of the profession) of the natural person who, for at least three years
does not perform audit work, the audit does not have the right to vote in
the company is not a member of the management body of an audit firm and has not
with no audit firm negotiated the basic employment relationship,
p) a key audit partner
1. one or more statutory auditors, who is auditing
the companies designated as the person responsible for carrying out the statutory audit of
on behalf of the audit firm,
2. in the case of a group audit one or more statutory auditors,
who are the designated audit firm as the person responsible for the
carrying out the statutory audit on a group level, and one or more
statutory auditors, who are designated as the person responsible at the level of
significant subsidiaries, or
3. one or more statutory auditors, who sign a message
the Auditor,
q) the third country which is not a Member State,
r) by the Member State, the Member State of the European Union or a State which is
Contracting State to the agreement on the European economic area,
with the consolidating accounting unit) business unit, which is a commercial
companies and is a controlling person, with the exception of persons controlling, which
exercise common influence.
§ 2a
cancelled
Section 2b
General provisions
(1) the inspection authority in this Act means the Supervisory Board, the administrative
the Council, in the exercise of supervision, the Supervisory Commission or another body
with a similar control, depending on the legal form of a legal
of the person concerned.
(2) the managing authority, in this Act shall mean the statutory authority of the business
corporations, joint-stock company or a European company with
monistickým running the internal structure of the company, the Management Board at
performance management competence or other authority exercising management functions, in
Depending on the legal form of a legal person, that is.
(3) If this Act lays down the rights and obligations of the business unit that
does not have legal personality, shall exercise the rights and obligations of the one who
He represents.
TITLE II
§ 3
Performance audit activities
(1) audit work under this Act are authorized to perform
only Auditors.
(2) an audit firm carries out the audit function only to its own
name and on its own account.
(3) the statutory auditor performs audit activities on their own behalf and
on its own behalf or for another auditor within the framework of the basic
employment relationship or as a partner of the audit firm.
(4) the statutory auditor, which performs its own audit work
in the name and on its own account, may not perform audit work for
another auditor within the framework of the basic employment or as
a companion audit of the company. The statutory auditor, who shall exercise the
the audit function for another auditor within the framework of the basic
employment relationship or as a partner of the audit firm,
must not perform audit work for more than one auditor in
basic employment or as a companion one
the audit firm.
The issue of the audit permissions
§ 4
(1) at the request of the Chamber of Auditors will issue permission to a natural person who
and higher education) within an accredited bachelor's
or master's degree program ^ 9) or completed a course of study that
It is recognised by the Member State for part of the higher education
system and the completion of a higher education provides the student
qualifications,
(b)) is fully svéprávná,
(c)) is impeachable,
d) graduated from for at least 3 years ' professional experience referred to in section 29 or
professional experience in a similar position in another Member State, in
the range of at least 35 hours a week or for a period equivalent to the period of 3 years,
If it has been the practice in the framework of the week of the shorter,
(e)) activity, which is subject to the restrictions listed in section 23,
(f)) has passed the audit test,
(g)) does not have the application date recorded arrears on taxes, revenues,
fees and other similar payments of cash, including related
the fines and periodic penalty payments and the costs of the proceedings, or arrears on premiums on
public health insurance or social security, and
contribution to the State employment policy, including the penalty, with the exception of the
the cases, when it allowed the repayment in instalments and is not in arrears with
repayment instalments
(h)), the vow of the auditor.
(2) For integrity, for the purposes of this Act, a natural person shall not be considered
which
and) has been finally sentenced for a criminal offence committed intentionally, or
(b)) has been finally sentenced for an offence committed through negligence in the
the context of the implementation of the audit work,
If it does not look as if he has not been convicted ^ 11). For integrity,
It also does not consider the natural person, who is not from the professional point of view
a good reputation.
(3) compliance with the requirement
and) referred to in paragraph 1 (b). and the applicant) University
Diploma, Supplement to the diploma or certified copy or other
a similar document certifying successful completion of higher
the program abroad,
(b)) referred to in paragraph 1 (b). (d) the applicant, for example, work)
the contract, confirmation from the employer or an extract from the register
Auditors (hereinafter referred to as "the register"),
c) referred to in paragraph 1 (b). (e)) the applicant demonstrates an honorary
by the Declaration,
d) referred to in paragraph 1 (b). (g) the applicant) the relevant
certificates that are not on the date of submission of the application over 30 days.
(4) in order to demonstrate the integrity of the applicant in accordance with paragraph 1 (b). (c))
the Chamber's will request an extract from the criminal register.
(5) for the purpose of proof of good repute in accordance with paragraph 1 (b). (c)) shall submit to the
an applicant who is a national of another State than the Czech
Republic, an extract from the punishment register or equivalent document issued by a
the competent judicial or administrative authority of that State or of a State
last residence; If the State of the last residence of the Czech
Republic, proceed in accordance with paragraph 4. If the State does not issue listing
from the registration records or equivalent document, the applicant shall submit the Honorable
statement of integrity. If the applicant is a national of another
the Member State of the European Union or has the address of the residence in a Member
State of the European Union and did not submit a statement of registration records or
equivalent document issued by a competent judicial or administrative authority in the
in this State, or the State of his last residence, is or has been
by another Member State or the Swiss Confederation, showing integrity
statement of criminal records with the annex containing the information
entered in the register of criminal records of another Member State of the European Union. These
the documents may not be the date of submission of the application is older than 3 months.
(6) within 30 days from the date of proof of compliance with all the requirements referred to in
paragraphs 1 (a). and (g))) up to allow the Chamber to the applicant the composition of promise
Auditor's report. Pledge auditor consists in the hands of the President or the
the Vice President of the Chamber. The pledge reads: "I promise on my honour and conscience that
When carrying out audit activities comply with the legal regulations of the Czech I
Republic, the internal regulations of the Chamber of Auditors of the Czech Republic and
auditing standards, auditing profession and respect the ethic of respect
obligation of professional secrecy. " After the oath, the Chamber shall issue, without delay,
applicant audit permissions, and then writes it to the register under section 12.
§ 5
(1) at the request of the Chamber of Auditors will issue permission to the trading company
or the audit to the person of another Member State, which satisfies the following
terms and conditions:
and natural persons) will be required for such a person to perform
audits are the statutory auditors,
(b)) a majority of the voting rights in it have statutory auditors,
the auditors from another Member State, the audit firm or
audit of a person from another Member State,
(c)) the majority of members of the Steering Body are the statutory auditors, auditors of the
another Member State, the audit firm or auditor a person from
of another Member State; If the governing body of the person concerned 2 members must
conditions laid down, meet at least one of them,
(d) members of the management body) are integrity; for the assessment of
integrity of a member of the management body, which is not the Auditor, section 4 applies
paragraph. 2 (a). and (b))) and § 5 paragraph. 4 (b). and (b))) and similarly,
(e)) is not on the basis of a final decision of the Court in bankruptcy,
(f)) activity, which is subject to the restrictions listed in section 23,
(g)) does not have the application date recorded arrears on taxes, revenues,
fees and other similar payments of cash, including related
the fines and periodic penalty payments and the costs of the proceedings, or arrears on premiums on
public health insurance or social security, and
contribution to the State employment policy, including the penalty, with the exception of the
the cases, when it allowed the repayment in instalments and is not in arrears with
repayment instalments, unless the person prior to the filing of the application for
the release of the Audit privilege did not carry out their activity on the territory of the Czech
of the Republic,
(h)), it is impeachable.
(2) at the request of the Chamber shall grant permission before the audit entity
the emergence of, if it is established as a joint stock company, open to the public
trading company, limited partnership, limited liability company
limited, the European company or European economic interest
the Association, and if the conditions laid down in paragraph 1 (b).
and (d)).) This person creates the audit permissions on the date of its registration
the commercial register. In the absence of such person for registration within 90
days from the date of delivery of the audit permission or if it is not within this period
the proposal has been accepted, the Chamber shall decide about the failure to comply with the conditions for the emergence of
Audit permission.
(3) the Chamber writes the audit firm to register and allocate it
registration number
and on the day) the entry into force of the audit permissions, if the
legal person referred to in paragraph 1,
(b)) within 5 days of the date of publication of the registration Court shall notify the Chamber
information about its registration in the commercial register in the case of a legal person
referred to in paragraph 2.
(4) For integrity, for the purposes of this Act, shall not be considered a legal
the person who
and) has been finally sentenced for a criminal offence committed intentionally, or
(b)) has been finally sentenced for an offence committed through negligence in the
the context of the implementation of the audit work,
If it does not look as if he has not been convicted ^ 23). For integrity,
It also does not consider the legal person, who is not from the professional point of view
a good reputation.
(5) in order to demonstrate the integrity of the legal person referred to in paragraph 1
(a). (h)), the Chamber's will require a statement of convictions.
(6) in order to demonstrate the integrity of the applicant in accordance with paragraph 1 (b). (h))
the applicant shall submit another State than the Czech Republic, a statement from
registration records, or an equivalent document issued by a competent judicial or
the administrative authority of that State. If the State does not issue an extract from the register
criminal record or equivalent document, the applicant shall submit affidavit for
integrity. The following documents shall be on the date of submission of the application is older than 3
of the month.
(7) proof of the integrity of a member of the Steering Body, with the section 4, paragraph 4. 4 and 5
and § 5 (3). 5 and 6 shall apply mutatis mutandis.
(8) compliance with the conditions referred to in paragraph 1 (b). (g)), the applicant
the relevant certificates, which on the date of filing of the application are not older than 30
days.
(9) On the request of the Chamber shall issue the Audit privilege also audit the person from
the third country, if it satisfies the conditions laid down in an international treaty,
that is part of the legal order of the Czech Republic, and this person proves
It is authorised to carry out the statutory audit in the State which is a Contracting
party to this international agreement, which the Czech Republic is committed to
to ensure audit entities from the third countries access to this State
the implementation of the statutory audit.
(10) the auditor a person from another Member State and the person of the audit
a third country which has been granted the permission, the audit shall be regarded as
the audit company under this Act.
§ 6
Suspension of the performance audit activities
(1) the Chamber shall suspend the performance of the Auditor, the audit work,
If it was a prosecution for the offence had been committed
intentionally, the date when the decision has become final, which this
the prosecution ends.
(2) the Chamber may suspend the performance of the audit, the auditor
activities have been initiated against him for criminal prosecution
an offence committed through negligence in connection with the implementation of the audit
activities or if proceedings have been initiated for his mom.
Performance audit activities for these reasons may be suspended for a maximum of
until the day when the decision has become final, that the criminal
prosecution or restriction, mom ends.
(3) the Chamber shall suspend the performance of an audit firm audit activities,
If it was a prosecution for the offence had been committed
intentionally, the date when the decision has become final, which this
the prosecution ends.
(4) the Chamber may suspend the performance of an audit firm audit
activities were initiated criminal proceedings for an offence
committed by negligence in connection with carrying out audit activities.
The performance of the audit work for this reason may be suspended for a maximum of
until the day when the decision has become final, that the criminal
the prosecution ends.
(5) After a period of suspension of performance audit activities
and) is not authorised to carry out audit work the auditor,
(b)), the Auditor in the performance of the functions of the bodies shall be suspended
The Chamber referred to in § 32 paragraph. 1 (a). b) to (d)) and in the Presidium of the Council,
(c) the statutory auditor) cannot be elected to the organs of the Chamber referred to in §
paragraph 32. 1 (a). b) to (d)),
(d) without prejudice to the obligations of the Auditor) are not in accordance with this Act.
(6) an Auditor is required to promptly notify the fact to the Chamber
in accordance with paragraphs 1 to 4. A copy of the notification to the relevant attached decision.
section 7 of the
A prohibition on the performance audit activities
(1) the statutory auditor may not perform audit work, if
and he imposed punitive) measures the performance of audit work,
(b)), it was activities under penalty ban law other
consisting in the prohibition to carry out audit work,
(c)) is in arrears with the payment of contributions to the activities of the Chamber longer than 1
year and not pay the contribution or on the written challenge Chamber in replacement
the one-month time limit, and from the first day following the futile
the expiry of the time limit, or replacement
(d)) was limited in mom.
(2) an audit firm shall not carry out audit work, if
and it was stored measures) the prohibition of the performance of the audit work,
(b)) no longer meets the one of the conditions set out in section 5 (3). 1
(a). and (b))), or (c)), and this situation is not remedied within 6 months from the date of
violation of this condition, from the date of expiry of that period,
(c)) it was liable to a penalty of banning activities under other legislation
consisting in the prohibition to carry out audit work, or
(d)) is in arrears with the payment of contributions to the activities of the Chamber longer than 1
year and not pay the contribution or on the written challenge Chamber in replacement
the one-month time limit, and from the first day following the futile
the expiry of the period of the replacement.
(3) the Chamber performance audit activities, disables if
and the statutory auditor) ceased to meet the requirement of integrity,
(b) the statutory auditor) ceased to comply with the request pursuant to section 4, paragraph 4. 1
(a). (e)),
c) no longer fulfils the requirement of auditing company of good repute,
d) audit firm has ceased to comply with the requirement under section 5 (3). 1
(a). (d)) and if this condition is not remedied within 6 months from the date when stopped
to meet this requirement, the date of expiry of that period, or
e) audit firm has ceased to comply with the requirement under section 5 (3). 1
(a). (f)).
Section 7a
Permanent ban on the performance of audit activities
(1) the Auditor may not perform audit work, if he was saved
measures of a permanent ban on the performance audit activities according to § 25 paragraph. 1
(a). (e)).
(2) the Chamber permanently disables the auditor performance audit activities, if
performed the audit function at a time when he was banned from performance audit
the activities referred to in section 7.
section 7b
Other reasons for the demise of the permission to the performance audit activities
(1) a Chamber shall decide on the demise of the permission to the performance audit activities,
If the auditor request in writing, no later than 30 days from the date of
When the Chamber was delivered to the application, if it is not given in the request a day later.
Unless the Chamber in this period, the performance audit permissions
the activities of the waste of the deadline lapses.
(2), the auditor shall expire permission to audit performance
activities, if he died or was declared dead, day of the death
or on the date on which it is deemed to be the day of his death.
(3) the Auditors shall cease performance audit permissions
activities cease, and this on the day of her disappearance.
(4) the procedure for the demise of the permission to the performance audit activities in accordance with
paragraph 1 the Chamber breaks, unless it is terminated the disciplinary proceedings, check
quality or other proceedings conducted by the Chamber or by the Council, or if the
Auditor fulfilled all obligations to the Chamber and the Council, within their
These management or control, or to the fulfilment of these obligations.
§ 7 c
Provisions common to the suspension, prohibition or permanent prohibition of the performance of
audit activities
(1) an auditor who has disabled or permanently disabled, the performance of the audit
activities, performance audit work permissions.
(2) dissolution of the permission to the performance audit activities shall not affect the
the obligation to maintain confidentiality under section 15, the obligation to keep the
documentation and file the auditor under section 20a, paragraph. 2 and the obligation to comply with the
the prohibition under section 45, paragraph. 4.
(3) where the one who died to the permission performance audit activities
referred to in paragraph 1, on the issue of the audit permissions within the time limit, which is
less than 5 years from the date of dissolution of the permission to the performance audit activities,
section 4, paragraph 4. 1 (a). (d)), f) and (h)) does not apply.
(4) the one who died to the performance audit work permission prohibition
According to § 7 (2). 1 (a). and (b))) or section 7 of the paragraph. 2 (a). and (c))) can
ask for the release of the audit permissions as soon as possible after the expiry of the period for
which was the prohibition of the performance of the audit activity is stored.
(5) Information on the suspension or dissolution of the permission to the performance audit
activities and their reasons to be recorded in the register without delay Chamber. About
These facts will inform the Chamber Council and the competent authority of the Member
State in which the auditor is authorized to carry out the statutory audit.
§ 8
An audit test
(1) the audit test is focused on the following areas:
and accounting theory and) General principles
(b)) legal requirements and standards relating to the preparation of the financial statements
and consolidated accounts,
(c)), the international accounting standards
(d)) financial analysis,
e) cost and management accounting,
(f)) risk management and internal control,
(g)) the implementation of the statutory audit and professional knowledge,
h) legal requirements and professional standards relating to audit
activities and the statutory auditors,
I) international auditing standards issued by the international
Audit and verification standards and auditing standards issued by the Chamber of Commerce,
j) professional ethics and independence.
(2) in addition, the audit test aims to the extent necessary for the
the implementation of the audit work also on the knowledge in these fields:
and) company law and business administration and management
companies,
b) insolvency law,
(c)) financial law,
d) civil and commercial law,
(e)) the working law and social security,
(f)), information and computer systems,
g) business, General and financial economics,
h) mathematics and statistics,
and principles of financial management of enterprises).
(3) If the candidate has a University exam in the form of State tests
or a comparable professional qualification examination in the Member State in
one or more of the subjects referred to in paragraphs 1 and 2, whose scope and
the content is in a crucial part of the match with areas of audit tests
referred to in paragraphs 1 and 2, and if the test consists of not more than 5 years before the
on the day when the candidate asked for the execution of the audit tests, this
the candidate from the part of the auditor's examination that such test concerns,
freed, if requested. On the conformity of the scope and content of the test
shall be decided by the Chamber. The Chamber against the decision may be appealed to the Council.
(4) the audit test consists of a subset of the test and is executed by passing
all subtests. The audit test is held in the Czech language and has
in written form.
(5) the Chamber shall in each calendar half-year, for at least one term
for each part of the test. An audit test must be lodged
not later than 5 years from the date of the first component of the test; If it is not
an audit test consists in this period, consisting of partial tests during the
the submission of a new request for the execution of the audit tests acknowledge within
5 years from the date of their composition.
(6) the assessment carried out at least three subtests trial Commission
of statutory auditors and other experts from theory and practice in the
the areas referred to in paragraphs 1 and 2 of the appointed and dismissed
By the Council. The trial Commission decides on the evaluation of the applicant's statement "pass"
or "fail".
(7) the applicant may ask in writing for review and evaluation
within 15 days of the date when the applicant of the result of the partial test
shall be informed. A review of the Board of appeal carried out a test of the Commission composed of members of the
the test of the Commission about the results of the partial examination nerozhodovali. The Board of appeal
the test to the Commission appointed by the Council.
(8) Details of the Organization and ensure the audit tests and other
differential test provides the test procedure, that is the internal regulation
The Chamber.
(9) the test procedure shall provide in particular
and) details to request the execution of audit tests and
differential tests,
(b) the procedure for the examination of) the qualifications referred to in section 4,
(c) number and content) subtests,
(d) the amount of the application fee) to the subtest and differential test and
the maturity of the fee; the amount of the fee for the application for the subtest or
part of the differential test shall not be higher than 6 000 CZK
(e)) and the method of evaluation of audit tests and differential tests,
(f)) voting trial Commission,
g) procedure for non-participation on the test and,
(h)) to review details the evaluation test of the Commission.
§ 9
Continuing education
Statutory auditors are required to participate in a program of continuous
education with the aim of increasing the theoretical and professional's knowledge. The program
ongoing training in the extent of a maximum of 60 hours per year internal
the prescription of the Chamber.
§ 10
The auditors from other Member States and to the free provision of services
(1) audit work under this Act is entitled to on the territory of the Czech
the Republic also perform a natural person, who is authorized to perform
statutory audit in another Member State or the Swiss Confederation,
the conditions laid down in this law. The Chamber shall issue to that person an audit
permission for the conditions laid down in this law.
(2) at the request of the natural person referred to in paragraph 1 for permission to perform
audit activity on the territory of the Czech Republic for the purposes of the recognition of the
qualifications will apply the law on the recognition of professional
qualification ^ 13). Certification body is the Chamber of Commerce.
(3) the persons referred to in paragraph 1 shall be required compensatory measures
in the form of differential tests, if there is evidence of formal
qualifications demonstrated knowledge of all areas listed in section 8. Differential
the test takes place in the Czech language.
(4) the audit function, with the exception of the statutory audit, may on the territory of
The Czech Republic temporarily or occasionally perform also a natural person
authorized to perform audit work in another Member State, or
The Swiss Confederation, if before the start of the temporary or
occasional audit activities to carry out this intention in writing to the Chamber
activity on the territory of the Czech Republic.
(5) the notification referred to in paragraph 4 in addition to the terms and the documents
According to the law on the recognition of professional qualifications also
and the nature of audit activities) that the natural person intends to carry out,
(b) the place of performance audit activities),
(c)) the estimated time of the performance audit activities,
(d) the address for service of documents) on the territory of the Czech Republic.
(6) the Chamber is entitled to verify the professional qualifications of the persons authorized to
perform audit work in accordance with paragraphs 1 and 4 for review
management of territorial self-governing units and voluntary municipalities
According to another legal regulation ^ 6); When it proceeds under the law on
recognition of professional qualifications ^ 13).
section 10a
Approval of Auditors from third countries
(1) on a reciprocal basis to allow an auditor from a third country to carry out
the audit function, if that meets the requirements of the equivalent
the requirements referred to in section 4 and the lodging of the differential test, if it is not
evidence of formal qualifications demonstrated knowledge of all areas of the
referred to in section 8. Differential test takes place in the Czech language.
(2) an Auditor from a third country referred to in paragraph 1 is considered to be the auditor of the
in accordance with this Act. An auditor from a third country, the Chamber will issue audit
permission not later than 30 days from the date of compliance with the conditions referred to in paragraph
1.
The register of Auditors of
§ 11
(1) the Chamber shall keep a register, which contains information about the
and) statutory auditors,
b) audit firms,
c) auditors from another Member State or the Swiss Confederation,
who perform audit work in the Czech Republic temporarily or
Occasionally,
(d)) asistentech the Auditor,
(e) persons registered pursuant to §) 47.
(2) the Register also contains the address and contact details of the Chamber and of the Council
and the authorities responsible for quality control in accordance with § 24 and management
in accordance with section 26.
(3) the register is kept in electronic form.
(4) the data in the register are kept in the Czech language.
(5) the information contained in the register shall, with the exception of social security number, date of
of birth, address of residence and measures admonition, publicly available on the
the website of the Chamber.
(6) data on the asistentech the auditor will not be published.
(7) in the Statute of the Chamber the Chamber may stipulate that the non-public parts of the
the register shall be entered and other necessary information.
(8) the information in the register in the Czech language and bearing the signature of the passes
The Chamber without undue delay, the person to whom the data relate. If the data
transmitted in electronic form must be signed by a recognized
electronic signature ^ 15).
(9) the data entered in the register or their changes are the persons referred to in
paragraph 1 shall be obliged to notify without delay to the Chamber. The Chamber may, at the
failure to notify of the changes and the impact of this catastrophic failure to initiate the procedure
in accordance with section 26.
§ 12
The register contains the following information about the statutory auditors:
and) name, social security number, if it has not been assigned a social security number, date of birth,
the address of the place of residence, if the entrepreneur, the entrepreneur's name, address and
the identification number of the person
(b)) website address, if it is established,
(c)) date of audit permissions
(d)) the registration number, which was the date of the entry into force
Audit permissions (hereinafter referred to as "registration number"),
(e) the name of the audit firm), which is the statutory auditor
employed, or with which it is associated as a partner or otherwise, the address of its
registered office and registration number, or the name of the statutory auditor
executing audit activity in his own name and on its own account, for
which is employed, his address and his registration number, if
There are,
(f)) an overview of the measures imposed, including the type of measure and reason
Save.
§ 12a
The register contains the following information about audit firms:
and the name, address of the registered office), and the identification number of the person
(b)) data on members of the Steering Body
1. for natural persons, name, social security number, if the social security number
assigned, date of birth, address, place of residence, if the entrepreneur, the name of the
entrepreneurs, address and identification number of the person
2. in the case of legal persons, the name, address and identification number of the person
If it has been granted, and the name and address of the place of residence of a natural person, that it
in the performance of functions represents
(c) the name and address of residence), or the name or the name and address of the entrepreneur
addresses of all partners, including the extent of their voting rights,
d) information on the points of contact, the name and address of the contact person
e) website address, if it is established,
(f)) date of audit permissions
(g)) the registration number,
h) name and registration number of the statutory auditor carrying out statutory
the audit for the firm on the basis of employment or
Another relation,
I) any membership in a network and a list of the names and addresses of the Member
the company and the related entities, or the place where such
information is publicly available,
j) all other registration audit firms made at the
the competent authorities of the other Member States and the audit of third persons
countries, including the name of the registration authority or authorities and the registration
number or numbers, where these exist,
for an overview of the stored measures), including the type of measure and reason
Save.
section 12b
In the case of the persons referred to in section 11 (1). 1 (a). (c)) in the register of
write the data specified in the notice under section 10, paragraph 1. 5.
§ 12 c
The register contains the following information about the asistentech of the Auditor:
and) name, social security number, if it has not been assigned a social security number, date of birth,
the address of the place of residence, the address for service of documents, if it is not the same as the
the address of the place of residence,
(b) the name of the audit firm), which pursues a professional practice,
the address of its registered office and its registration number or name of the
Auditor of the executing the audit function on their own behalf and on
its own account, for which it shall exercise professional practice, address of its registered office, and
its registration number,
(c)) date of registration in the register,
(d)) the registration number, which he was assigned during registration.
Section 12d
In the case of persons registered under section 47, shall be entered in the register
information according to § 12 and 12a, if these persons abroad
recorded.
§ 12e
(1) for the purposes of keeping the register and write data into it uses Chamber
and data from Basic) reference population register,
(b)) the data from the agendového information system of the population register,
(c)) the data from the agendového information system for foreigners.
(2) Used the data referred to in paragraph 1 (b). and) are
and last name)
(b) the name or names),
(c)) date of birth,
(d) the address of the place of stay)
e) date of death; If the decision of the Court on the declarations for the dead,
the day that the decision is listed as the day of death or the date on which
data subject is declared dead, and the date of the acquisition of the legal
the power of this decision,
(f) citizenship, where applicable) more state citizenship.
(3) the development of the information referred to in paragraph 1 (b). (b))
and, where applicable, names) the name, first and last name,
(b) the date of birth),
(c) the social security number),
d) citizenship,
(e) the address of the place of residence),
(f)) date of death,
g) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death or the date on which the data subject declared dead
survivors, h) restriction, mom.
(4) the development of the information referred to in paragraph 1 (b). (c))
and, where applicable, names) the name, first and last name,
(b) the date of birth),
(c)), or more citizenship nationality,
(d)) kind of place of residence and address,
e) date of death,
f) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death or the date on which the data subject declared dead
survivors.
(5) data that are kept as reference in the principal registry
the population recovered from the agendového information system registration
of the population or agendového information system for foreigners only if they are
in the shape of the previous status quo.
(6) of the data that can be used in a particular case, use only such
the data which are necessary for the performance of the task.
section 13
Code of ethics
The Auditor in carrying out audit activities adheres to the code of ethics, which
is the minimum standard of professional ethics. Code of ethics lays down the
in particular, closer to the conditions respecting the principle of integrity, independence,
the impartiality, competence and due care. Code of conduct issued
Chamber as its internal regulation. At the release of the code of ethics, the Chamber
respects the international ethical requirements, in particular, the code of ethics
The International Committee for the ethical standards of accounting.
§ 14
The independence of the auditor
(1) the Auditor must be independent when carrying out audit activities on the
the person being audited, in particular, shall not participate in the decision making. When
implementation of audit activities is bound by the law and is also
obliged to comply with auditing standards under section 18, code of ethics under section
13 and the internal rules of the Chamber.
(2) if there is any direct or indirect financial, business,
employment or other relationship, including the provision of non-audit
services, between the statutory auditor or the persons that make up the network and the audited financial
Unit, from which one can conclude that independence is compromised
Auditor, the auditor shall not at this business unit to carry out the statutory audit.
(3) if the auditor's independence in relation to the audited financial
the drive information is compromised, such as checking your own services,
the existence of self interest, favoritism of certain persons, administration
property or other facts set out in the code of ethics, the auditor
to proceed to the measure in order to mitigate this threat. If the importance of the
This threat compared to put forward measures such that
the auditor's independence is compromised, the statutory auditor, the audit
does not.
(4) the Auditor may not perform audit work in the business unit, if
in the long term is dependent on the income from the services provided by the financial
unit.
(5) if the statutory auditor, the audit function for audit
the company, not the companions, the head of the employees or members of the
the management and control of audit firms or
related person of the audit firm to intervene in the implementation of the
audit activities in a way that threatens the independence and impartiality of the
of the statutory auditor in carrying out this audit activities.
(6) if the statutory auditor of the audit work for the statutory
Auditor of the executing the audit function on their own behalf and on
own account, not to the statutory auditor, the audit activity for which it is
carried out, and his head of staff, to intervene in the implementation of the
audit activities in a way that threatens the independence and impartiality of the
of the statutory auditor in carrying out this audit activities.
(7) in the case of own services or the existence of self interest
in the implementation of the audit work in the body of the public interest in the case,
where it is necessary for the security of the independence of the Auditor, shall be
such activities carried out by the auditor.
(8) the Auditor is obliged to indicate in the file auditor all significant
threats to their independence, as well as the measures taken to mitigate.
§ 15
Obligation of secrecy
(1) the Auditor shall, if the Act or other legal regulation
otherwise, keep confidential all facts that
are not publicly known, and relate to the accounting unit that performs
the audit activities, where appropriate, of all the facts, which are not
publicly known and relate to other business units, to which it has
access as auditor of the group. This obligation shall also apply to the Auditor,
that the audit contract has stopped working, the Auditor, who has
suspended performance audit activities or which were lost permission to
performance audit activities, the members of the Presidium of the Council, the members of the bodies of the Chamber,
staff of the Chamber of Commerce and the Council of the inspectors of the quality and further to persons on
the basis of the credentials of the Chamber or by the Council or should have to such information
access, an employee of the Auditor, the members of the organs and audit partners
the company.
(2) the auditor and other persons referred to in paragraph 1 may be exempt
confidentiality of the facts, which are not publicly known, the Court of
unit or the Chamber.
(3) If an auditor Is replaced by another auditor, will give the new auditor
access to all the relevant information concerning the
audited the accounting unit and carried out audit activities.
(4) for violations of professional secrecy shall not
and the provision of information to the Council) for the purposes of the exercise of its jurisdiction under section
paragraph 37. 2, the Czech National Bank in the area of its supervisory remit to
financial market ^ 16) or the competent authority in accordance with other legal
the regulation on certain measures against the legalization of proceeds from crime
the activities and the financing of terrorism or other legal regulation concerning the
the implementation of international sanctions for the purpose of the maintenance of international peace and
safety, the protection of fundamental human rights and the fight against terrorism,
(b)) the provision of information pursuant to paragraph 3 of the new auditor or
Auditor of the group in case of execution of a statutory audit of consolidated
the financial statements referred to in section 19,
(c)) of obligations under § 21. 3 to 5,
(d) provision of documents by the Council) to the competent authority of another Member State
According to § 42 paragraph. 1, or to the competent authority of the third country in accordance with section 49,
or auditor to the competent authority of the third country in accordance with § 49 paragraph. 4,
(e)) the provision of information to the controller for the purposes of quality control
the quality,
(f)) to provide information to the competent authorities active in criminal proceedings
facts showing the possible offences of bribery,
(g)) the provision of information law enforcement authorities, if
criminal proceedings of an auditor,
(h) the performance of the obligations imposed by law) to stop or report the crime.
section 16 of the
Reward for carrying out the statutory audit may not be
and affected by the provision of additional services) audited or
established on the basis thereof, or
(b)) influenced by the other factors that threaten the independence,
impartiality or the quality of the implementation of the statutory audit.
§ 17
Determination of the auditor's report and the agreement on mandatory audit
(1) If the unit, which is a legal person, the obligation to have
accounts ověřenu auditor the consolidated financial statements
ověřenu auditor, determines the audit firm or the statutory
Auditor of the executing the audit function on their own behalf and on
own account its highest authority. If an entity does not have the highest
authority or an auditor does not specify this authority, it shall designate a supervisory authority
This business unit, provided that its members are not members of the management
authority.
(2) if the business unit, which is the sponsor of a public contract
According to the law governing public contracts, the obligation to have a financial statements
ověřenu auditor or the auditor of the consolidated financial statements of ověřenu,
the procedure referred to in paragraph 1 shall not apply if the audit company
or statutory auditor carrying out the audit activities of the own
in the name and on its own account, may be designated pursuant to the Act governing the procedure
public contracts, provided that the method of determining the auditor is independent of the
the members of the steering body of the audited entity.
(3) If an entity without legal personality the obligation to have a financial
accounts ověřenu auditor, determines the audit firm or
the statutory auditor of the executing the audit activity of the own
in the name and on its own account in accordance with paragraph 1
and obhospodařovatel), if it is a managed by a mutual fund or
the Sub-fund,
(b)), obhospodařovatel, with respect to the Trust Fund in accordance with the law governing the
investment companies and investment funds,
(c)), the pension company, where she managed the participation,
transformed, or pension fund,
(d)) the one who established it, if the business unit, which is a branch.
(4) If the entity has an obligation to have the accounts ověřenu
Auditor and if you cannot identify the firm or the statutory
Auditor of the executing the audit function on their own behalf and on
his own account of the procedure laid down in paragraphs 1 to 3 shall be determined by the audit
company or statutory auditor of the executing audit
the activities on their own behalf and on their own account in a manner that is independent of the
the members of the steering body of the audited entity.
(5) a person who acts on behalf of the entity, is entitled to conclude
the Treaty only on statutory audits with the auditor designated pursuant to paragraphs 1,
2, 3 or 4.
(6) a contractual relationship pursuant to the Treaty on the statutory audits of accounting unit may
to terminate unilaterally, if the auditor does not perform only the statutory audit in the
accordance with the law, the auditing standards under section 18 or
the ethical code. Divergence of opinions on accounting or audit solutions
the procedures cannot be considered as a reason for the termination of the contractual relationship.
(7) withdrawal of the compulsory audit entity or
the statutory auditor or audit firm carrying out a
the audit function on their own behalf and for its own account shall notify the Contracting
the party, which withdrew from the Treaty, the Council forthwith, and including
proper putting reasons; This applies mutatis mutandis in the event of termination
the contractual relationship before performing the statutory audit in any other way.
section 18
Audit standards
The auditor shall proceed in the implementation of the audit work in accordance with the
standards on auditing to the modified law of the European Union) and the 17 ^ ^
auditing standards issued by the Chamber, which lays down the procedures for the auditor
in the implementation of the audit work, the unadjusted audit standards
the modified law of the European Union. If the specific nature of the verification of the other
economic information does not do this, the auditor shall take into account
When the verification of other economic information to these audit
standards and apply them mutatis mutandis. List of auditing standards
governed by the law of the European Union and the auditing standards issued by the
Chamber of Commerce and their current wording of Chamber type exposes to the Internet
the website of the Chamber.
§ 19
The statutory audit of the consolidated financial statements
(1) when carrying out a statutory audit of consolidated accounts shall designate
the consolidating accounting unit of the auditor of the group, which has the full
the responsibility for the audit report. The group auditor for the purposes of the statutory
the audit of the consolidated financial statements will also examine the scope and the way
the implementation of the audit work performed by one or more auditors,
Auditors from another Member State or of the audit entities from another
Member State from a third country Auditors or audit entities from
a third country, and shall keep the documentation about this examination after the period referred to in
section 20 (2). 6, and to the extent that the competent authority will allow the proper
review of the activities of the auditor of the group.
(2) If a significant part of the Group carried out the statutory audit of the entity
from a third country with which the competent authorities is not closed work
the arrangement referred to in section 49, paragraph. 1 (a). (d)), at the request of the group auditor
The Council shall ensure that the submission of the documentation of the audit carried out by the
This body to one or more auditors, auditors from another Member
State or audit entities from another Member State, the Auditors of the
third country or audit entities from the third country, and to the extent
required for the statutory audit of the consolidated financial statements.
(3) For the fulfilment of the obligation to ensure the submission of the dossier referred to in
paragraph 2 of the group auditor on
and shall ensure that a copy of this documentation),
(b) contract this documentation) to ensure unrestricted access, on request,
or
(c) carry out any other appropriate measure).
(4) if the legal or other impediments to the audit documentation of
third country auditor group, documentation, you must keep
the group auditor, contain evidence that made the appropriate
operations, in order to gain access to the documentation of the audit and, in the case of other
than legal obstacles arising from the legislation of the country concerned
evidence of such an obstacle.
section 20
Auditor's report
(1) a compulsory audit, the auditor shall prepare a written report of the auditor. Report
the auditor must include
and) introduction the auditor shall state the
1. the name, address of the seat or the entrepreneur's home address, if different from the
the address of the registered office at the audited financial unit that is a natural person
or a foreign physical person, or the name and address of the registered office of the audited
the business unit, which is a legal person, a foreign legal
person, branch or organizational component, the identification number of the person
is assigned to the business unit and
2. identification of the accounts or the consolidated accounts of the accounting
the units referred to in paragraph 1, including indication of the balance sheet date or other
the time to which the annual accounts or consolidated accounts
built, and identify the accounting period for which it is drawn up, and
the identification of the relevant financial reporting framework, on the basis of
the financial statements are prepared,
(b) the scope of the statutory audit carried out) including a link to the audit
standards referred to in section 18, in accordance with which the statutory audit has been carried out,
(c)) of the Auditor, which shall state clearly the opinion of the auditor whether the
accounts or the consolidated accounts give a true and fair
the image of the subject of accounting in accordance with the legislation and the competent
framework of financial reporting on the basis of the financial statements or
consolidated financial statements have been prepared; Auditor's statement is either without
reservations, subject to, negative, or expression of opinion is rejected,
If the auditor is unable to express an audit opinion
(d) a description of all of the facts) that are not contained in the statement by the
subparagraph (c)) and the auditor is deemed necessary or auditor
and such notice shall be deemed to be significant, in particular, significant
uncertainty with a significant influence on the premise of continuous duration of accounting
the unit,
(e)), in which the auditor shall clearly state whether the information contained in the
the annual report or the consolidated annual report, which describes the
the facts, which are also reflected in the financial statements or
the consolidated financial statements, in all material respects, in
accordance with the relevant financial statements or consolidated
statements,
(f)) of the auditor under section 20b, has carried out such verification.
(2) if the auditor Verifies the accounts or the consolidated
accounts of the accounting unit that prepares an annual report or
the consolidated annual report, an annual report is required to verify or
consolidated annual report.
(3) the statutory auditor shall include in the auditor's report, the name of the entrepreneur
the address of the registered office, registration number, signature and date of preparation.
(4) the audit firm in the report of the auditor shall state the name, address of the registered office,
the registration number and the names of the statutory auditors who audit
the company drafted a report of the Auditor, their numbers, their
the signature and the date of preparation.
(5) the auditor's report the auditor shall discuss with the managing authority audited
the accounting unit. Any comments to this authority to the report of the auditor
the auditor must deal in writing.
(6) if the auditor Issued a report on the verification of the consolidated accounts, the
which is accompanied by accounts of the consolidating accounting unit, can
Auditor's report to be connected.
section 20a
File auditor
(1) the auditor during the audit work leads, which includes
information in accordance with auditing standards.
(2) the statutory auditor or audit firm carrying out the
audit work in its own name and on its own account, it stores the file
at least for a period of 10 years from the date the copies of the auditor's report.
(3) the right of access to the file to
and the group auditor) in accordance with section 19,
(b)), the Executive Committee and the President of the Chamber for the purposes of the performance of the activities of the stored
This law,
(c) Disciplinary Commission Chambers) for the purposes of proceedings under section 26,
(d)), the Commission and the supervisory board quality inspectors for the purposes of quality control,
(e) the members of the Presidium and) persons for the purposes of section 37, paragraph. 2 or
for a solution to the crisis in accordance with the law governing the recovery procedures and solutions
the crisis on the financial market,
(f)) to the employee of the Czech National Bank, if it is necessary for the exercise of supervision
the financial market,
(g)) the Court, if the civil proceedings activities of an auditor,
h) authorities active in criminal proceedings, if a criminal procedure activity
Auditor's report.
§ 20b
Additional requirements for the verification of the annual report and the consolidated annual
messages
Verifies if the auditor of the annual report, or the consolidated annual report
the business of the company, the auditor
and express) is also whether the annual report or the consolidated annual
the report was prepared in accordance with the law,
(b)) also indicate whether, on the basis of the knowledge and awareness of the business establishment, to
that came when carrying out a statutory audit, the annual report or
the consolidated annual report does not contain significant factual inaccuracies;
If the Parliament considers that the annual report or the consolidated annual
the report contains significant factual inaccuracies, stating their nature.
section 21
The rights and obligations of the auditor
(1) the Auditor is among other duties provided for in this law shall be obliged to
and comply with the internal rules of the Chamber),
(b)) nenařizovat changes and repair data reported by the entity,
(c) pay the required contribution to) the activity of the Chamber of Commerce established
internal regulation of the Chamber and
(d) to cooperate with the Council) and provide it with the assistance necessary for
performance of public oversight of the audit.
(2) the entity is required to provide the auditor reasonable
synergy. The auditor is entitled to request that his business unit
It has provided all the required documents and other documents that are
necessary for the proper execution of auditing activities, further information and
explanation needed for the proper implementation of audit activities. The auditor and
by authorised persons are entitled to be present when the inventory
assets and liabilities of the business units, where applicable, the auditor may, in
where justified, ask for extra inventory. Auditor
is entitled to request a written credentials to access to information held
on the business unit in the case of banks, borrowers and lenders. The accounting unit is
required to comply with the requirements of the auditor's report. The auditor is entitled to require
remuneration for audit work.
(3) where the auditor in carrying out audit activities in the financial
the unit, whose activity is subject to the State under other legislation
the supervision or surveillance of the Czech National Bank, the fact that
and) suggest that there has been infringement of the legislation
the conditions governing its activities,
(b)) have a major negative impact on its economy,
(c)) can threaten its unlimited duration, or
(d)) can lead to the expression of opinion, with reservations, a negative statement or
the rejection of our opinion, pursuant to section 20 (2). 1 (a). (c)),
is obliged to immediately inform the competent authority of the State
the supervision or the Czech National Bank, as regards the accounting unit, above the
which exercises supervision.
(4) the obligation referred to in paragraph 3 has also an auditor if it really
referred to in paragraph 3 in the business unit, in relation to which the accounting unit
referred to in paragraph 3 has 20% or more of the voting rights or has
business share in the amount of 20% or more of the capital or if
It's about controlling or controlled by the person.
(5) where the auditor in carrying out audit activities in the financial
drive fact referred to in paragraph 3 or the facts on which the
You can reasonably assume that they can fill with substance
economic crime, corruption or offences
criminal offences against property, is obliged to immediately inform the
the management and control of the entity or authority of the territorial Assembly
Government unit or the urban part of the city of Prague in the case,
When the unit is a territorial self-governing unit or city
the capital city of Prague.
(6) an Auditor is required to provide for the needs of supervision of the Czech
the National Bank on the basis of her application information and explanation about
the course of the statutory audit and the knowledge gained on the basis of the compulsory
the audit carried out in the business unit, which is subject to the supervision of the Czech
the National Bank.
(7) the auditor is required to identify one or more
statutory auditors, who are the person responsible for the implementation of
statutory audit for the firm, and for each financial
unit or group that carries out the statutory audit.
(8) the statutory auditor carrying out the audit activities on their own behalf
and on its own account or an audit firm shall be required to perform
such measures, which can reasonably be required to
and the prevention of violations of obligations under) § 25 paragraph. 1 the statutory
the Auditor, who shall perform audit work for them, or
(b) the consequences of any breach of these distros) duties of the statutory auditor,
which carries out the audit function.
section 22
Liability insurance
The auditor and statutory auditor carrying out the audit
the activities on their own behalf and on their own account, they must be insured for the
the case of liability for damage caused in connection with the implementation of
audit activities, so that the above amount is proportional to the potential
the damage that can be reasonably expected.
section 23
Limitations of the auditor's business
(1) with the exception of audit work the auditor shall perform such other
gainful activity having characters business, unless otherwise provided in this law
otherwise.
(2) an obstacle to the implementation of the audit work the auditor is not
and manage its own assets)
(b) scientific, pedagogic,) journalistic, literary or artistic
activity,
(c)) or the operation of the accounting consultancy and organisational activities
According to another legal act,
(d)) tax advice in accordance with other legislation
(e)), the duties of the insolvency administrator, the host of the insolvency
Administrator, representative of the insolvency administrator, separate insolvency
the administrator, liquidator or administrator of the special insolvency under other
the legislation,
(f)) activity,
(g)) the activities of the mediator.
section 24
Quality control system
(1) the Auditor shall be subject to the system of quality control, the purpose of which is primarily
check whether the auditor shall proceed in the implementation of audit activities
under this Act, and in particular in accordance with the standards on auditing
under section 18, in accordance with section 13 of the code of ethics and internal regulations of the Chamber of Commerce.
(2) quality control system organizes and controls the Chamber, in accordance with the
supervisory regulations, quality control plan, and the recommendations issued by the Council
According to § 38 paragraph. 2 (a). (h)).
(3) quality control system must meet the following criteria:
and is independent of the controlled) auditor
(b)) is subject to public supervision in accordance with Title VI,
(c)) its funding is secure and not relocate from
party auditors,
d) quality control performs the quality controller,
(e)) the quality control of the audit carried out at least once every 6 years,
(f)) for quality control auditor, who carries out the statutory audit
public-interest entity, carried out at least once every 3 years.
(4) the Chamber shall adopt a supervisory order, which is the internal regulation of the Chamber and
which also lays down the conditions of the Organization and staffing
the system of quality control, the details of the implementation of quality control
quality reviewers and a procedure for hearing reports about quality control.
(5) the Council shall approve the quality control plan, which presents Chamber
at least once in each calendar half-year. The quality control plan
contains the name of the auditor's report, in which quality control is planned, the name of the
controller quality responsible for performing quality control, the term
the implementation of quality control and the Declaration of compliance with the quality controller
the requirements set out in section 24b, paragraph. 1.
(6) once a year, the Chamber issues a comprehensive report on quality control, in
which shows the significant findings, in particular the recurring deficiencies of internal
quality management systems for Auditors resulting from made
quality controls. The report of the Council and at the same time, the Chamber delivered shall publish it on the
the website of the Chamber.
§ 24a
The quality controller
(1) the controller of quality can be only a natural person who
and higher education), at least in the context of an accredited
Bachelor's degree or completed the study, which is
recognised by the Member State for part of the higher education
system and the completion of higher education provides qualifications
(b)) has at least three years of practical experience in the field of accounting or
statutory audit and
c) graduated from the training quality control specified by the Chamber.
(2) for the purposes of joint quality inspection according to § 24 c, the controller
quality also means a person charged, by the competent authority of the third country to
participation in joint control of quality.
(3) before performing a quality control proves the quality controller Chamber
a sworn declaration that the requirements laid down in section 24b, paragraph. 1.
section 24b
Quality control
(1) the quality control may be performed by the controller of quality, if
and with the Auditor) is controlled in conflicts of interest,
(b)) is controlled by the Auditor in the business, employment or other
the relationship,
(c)) is a member of the management, control or the Supreme authority of the
Certified Auditor, or
(d)) at least 2 years after the date on which ceased to be controlled
by an auditor in respect of referred to in points (b) and (c)).)
(2) the term quality control sets out the Chamber and shall notify the auditor
at least 30 days before the date of its launch. From the date of notification of the term
quality control to the day when this check is completed, the auditor may not
and its key audit partner to ask about their performance audit
activities pursuant to section 7b, paragraph. 1.
(3) quality control the quality controller scans and selected writings
Auditor and consider in particular whether the auditor shall act in accordance with the
auditing standards under section 18, the independence requirements, of the quantity and
the quality of resources spent, including the compliance with the requirements for interim
education, the level of audit fees and internal quality management system for
Auditor's report.
(4) the Auditor shall submit to the controller of quality audited list of persons and on the
request to the writings and other related documentation required to
the implementation of quality control, which will require the quality controller, and
provide it with the necessary synergies.
(5) on the control of quality of quality controller shall draw up a report, in which the
indicate the identified deficiencies, and this report will discuss with the auditor. In
quality control report stating the quality controller and any recommendations
the findings of the quality control and the deadline for their execution, which
must not be longer than 12 months. Report on the quality control of passes
the quality controller, which preserves the quality control report
at least for a period of 7 years from the date of their quality control.
(6) an Auditor is required to implement the recommendations made in the report on
quality control within a specified period.
§ 24 c
Common quality control
Under the conditions laid down in the working arrangements referred to in section 49, paragraph. 1 (a).
(d)), the Council may allow the implementation of a common quality control with the participation of persons
responsible for the competent authorities of the third country concerned. Joint control
quality takes place under the guidance of the Council. The Council establishes the deadline of the implementation and
a range of common quality control in accordance with the working arrangements.
TITLE III
DISCIPLINARY AND OTHER MEASURES AND DISCIPLINARY AND OTHER PROCEEDINGS
§ 25
Disciplinary and other measures
(1) violation of the obligations laid down In the above-mentioned Act, other
the law governing the performance of the audit work, ethical
in this code, the internal rules of the Chamber or auditing standards under section
18 (hereinafter "disciplinary transgressions") Chamber, the auditor may
save some of these measures
a) admonition,
(b)) public admonition,
(c) a fine of up to 1 0000 0000) CZK
(d) a prohibition on the performance of audit work) for a maximum period of 5 years,
e) permanent ban the performance of audit activities.
(2) the measures referred to in paragraph 1 (b). (c)) can be stored at the same time with the measure
referred to in paragraph 1 (b). d) or (e)).
(3) for the violation of the obligations provided for in § 21. 8 May the Chamber
audit firms impose measures referred to in paragraph 1, that
the fine provided for in paragraph 1 (b). c) saves up to 5 0000 0000 Czk.
(4) For violations of the obligations provided for in § 21. 8 May the Chamber
, the auditor of the executing the audit function of your own
in the name and on its own account to save the measures referred to in paragraph 1.
(5) for breaches of the obligations laid down by this law, other legal
Regulation governing the performance of the audit work, ethical code,
the internal rules of the Chamber or auditing standards under section 18
made in the activities of the audit firm that is not punitive
the offense of the statutory auditor, the audit Chamber saves
the company measures referred to in paragraph 1 that the fine provided for in paragraph 1
(a). c) saves up to 5 0000 0000 Czk.
(6) if the measures imposed for acts taken in connection with the
carrying out the statutory audits of public-interest entity, can be,
Auditor to impose a fine in the amount of Czk 2 0000 0000, and the audit firm
with fine saves up to 10 0000 0000 Czk.
(7) proceedings can be instituted within a period of one year from the date on which the competent
the authority learned of the existence of the grounds for initiating the procedure, but not later than
up to 6 years from the date when the infringement of the auditor; in the case of
the demise of the permission to the performance audit activities this time limit is not running.
(8) when saving measures shall take into account the seriousness of the infringement
the negotiations, the manner of its perpetration, its consequences, and the circumstances under which
It was committed.
(9) if it is a less serious breach of duty, can be from the store
measures, if it is possible the consideration of such breach
the obligation to be considered sufficient.
(10) the decision on the imposition of measures of public censure performs Chamber
public disclosure. This decision is enforced on the date when it was published.
The content and form of public censure and a way to publication specifies the disciplinary
the Commission in this decision.
(11) the proceeds of the fines imposed is the intake Chamber.
§ 25a
Fault
(1) A disciplinary offence is considered to be caused by disciplinary transgressions committed by the
intentionally or negligently.
(2) a Disciplinary offence is committed if the statutory auditor
and he wanted to break its behaviour), or endanger the interest protected by this
by law, other legal regulation governing the performance of the audit work,
Code of ethics, internal rules or standards on auditing
under section 18, or
(b)) knew that his conduct may violate or jeopardise the interest protected
This law, other legal regulation governing the performance of the audit
activities, ethical code, the internal rules of the Chamber or auditing
standards referred to in section 18 and, in case that it violates or threaten, was with the
agree.
(3) a Disciplinary offence is committed through negligence, if the statutory
Auditor
and) knew that his conduct may violate or jeopardise the interest protected
This law, other legal regulation governing the performance of the audit
activities, ethical code, the internal rules of the Chamber or auditing
standards referred to in section 18, but without adequate reasons relied on that
This interest will not infringe or do not endanger, or
(b)) did not know that his conduct may violate or jeopardise the interest protected
This law, other legal regulation governing the performance of the audit
activities, ethical code, the internal rules of the Chamber or auditing
standards referred to in section 18, though given the circumstances and your personal
conditions and could know.
(4) the Acts and omissions of such means of the venue, which was
the statutory auditor according to the circumstances and their personal circumstances obliged to.
section 26
Disciplinary and other proceedings
(1) the imposition of measures pursuant to § 25 of the disciplinary Commission shall be decided by the Chamber in
proceedings initiated ex officio or on the proposal of the Minister of finance, the supervisory
the Commission, a member of the Executive Board, the authority of the State or the Czech national
the Bank.
(2) the proposal must include the auditor's name, against which the proposal is directed,
the description of the offence for which it is proposed to initiate the procedure, marking evidence on
which the application is based, and the proposal to impose specific measures. The proposal for a
accompanied by evidence that the applicant is available. Disciplinary Commission is not
a proposal for the imposition of measures.
(3) participants in the proceedings brought by the applicant and on a proposal from the auditor, are
against which the proposal is directed.
(4) the decision on the imposition of the measures under section 25 shall be signed by the Chairman of the disciplinary
Commission Chambers. The details concerning the procedure for the imposition of measures
referred to in section 25 regulates disciplinary regulations, which is the internal regulation
The Chamber.
(5) the decision on the imposition of the measures is delivered whether or not the person who made
a proposal to save it.
(6) if the disciplinary Commission has Chambers in decision management
ends, that auditor violated the obligation this law, other
the law governing the performance of the audit work, ethical
in this code, the internal rules of the Chamber or auditing standards under section
18, at the same time saves in the auditor's decision to pay the costs,
borne by the Chamber. The costs of proceedings shall determine the disciplinary regulations, and that the amount
which shall not be more than 6 000 Czk.
(7) on the initiation of the proceedings and outcome of the disciplinary Commission of the Chamber shall inform the
the Supervisory Commission and the Council.
section 27 of the
Expungement of a disciplinary and other measures
(1) the Chamber of a shotgun, if measures expired
and from the date of acquisition) the decision on the imposition of the measures of the admonition
the duration of 1 year,
(b)) of the date of the entry into force of the decision on the imposition of measures of public
admonition or the payment of a fine time of 2 years,
(c)) of the date on which the measures of prohibition ended, the time of the audit activities 4
years.
(2) if the measures zahlazeno, cannot be regarded as the auditor should
guilty of wrongdoing.
(3) Zahlazené the measures must not be rendered public in the register.
TITLE IV
ASSISTANT AUDITOR
section 28
Assistant Auditor
(1) an Assistant Auditor "means a natural person registered in the register.
(2) the Chamber, at the request of registry writes to the physical person
and) is fully svéprávná,
(b)), it is impeachable,
(c)) received the education that is needed for admission to the College,
or equivalent education ^ 20) and
(d)) shall exercise the professional practice by the auditor.
(3) proof of good repute shall apply section 4, paragraph 4. 4 and 5 apply mutatis mutandis.
(4) the Chamber shall withdraw from the register Assistant Auditor, if
and asked in writing), and no later than 30 days from the date when the
The Chamber received a request, if it is not given in the request date later
(b)) died or was declared dead, and the date of this
fact learned
(c) the statutory auditor), and on the date of registration in the register, or
(d)) no longer fulfils any of the conditions referred to in paragraph 2, to
the day of this fact.
section 29
Professional practice as an Assistant Auditor
(1) professional practice shall be regarded as participating in the implementation of the audit
activities, in particular, of the statutory audit, in order to obtain sufficient
the theoretical and practical knowledge and acquisition of experience needed
to carry out the audit work.
(2) the professional practice must be carried out by the Auditor, who is authorized to
the implementation of the audit work in a Member State, and which satisfies the following
terms and conditions:
and actively carries out audit work), including the statutory audit, in
a Member State,
(b)) has the audit practice activity longer than 3 years and
(c)) he was not stored according to § 25 paragraph measures. 1 (a). (d)) or similar
measures in another Member State, that is not the date of the start of practice for the
This person zahlazeno, and does not have at this time nor suspended performance
audit activities.
section 30
cancelled
THE HEAD OF THE
THE CHAMBER AND ITS BODIES
section 31
Chamber of Commerce
(1) the Chamber of Commerce is an organization of all Auditors. The Chamber has its registered office in
Prague. The Chamber is a legal person.
(2) the Chamber
and conditions for the Organization), the management and operation of the control system
quality according to § 24,
(b)) checks whether the auditor complied with auditors and assistants
the provisions of this Act,
(c)) shall be issued by the Council after consultation with the Chamber's internal rules, code of ethics and
auditing standards with the exception of the revised auditing standards
the law of the European Union, pursuant to section 18,
(d)) shall keep a register in accordance with this Act,
e) lays the groundwork for ongoing maintenance and improvement of the professional
the level of statutory auditors,
f) lays the groundwork for the preparation of the auditor's assistants to the composition of the
the audit tests,
g) decides on the applications submitted to the audit tests, partial
audit tests and differential tests and ensures the implementation of the
Audit and audit tests and tests of the Delta,
h) shall inform the Council in cases where it contacts the
authority of another Member State or such authority is contacted in the
the meaning of the cooperation provided for in section 41 and 49,
I shall communicate on request) of the Czech National Bank, the result of the quality control at the
Auditor, who carries out the statutory audit of accounting units, which is subject to
supervision of the Czech National Bank,
j) in particularly justified cases, discharge the auditor's discretion
under section 15, paragraph. 2; such a waiver of confidentiality, the Chamber shall inform the
business unit,
k) performs other activities defined by this law.
(3) the Chamber shall provide to the Council at its request
and copies of documents and all) information, which are necessary for the
the assessment of a particular case related to public supervision in accordance with
Title VI of this Act, or in the case where the Council fulfils the function of the appeal
authority,
(b)) of the report on quality control.
(4) the Chamber is obliged to take into account the recommendations of the Council referred to in section 38, paragraph. 2
(a). (h)) and to cooperate with the Council and provide her with the assistance necessary
in all matters relating to public supervision and cooperation of the Council with the
the competent authorities in the other Member States and third countries in accordance with §
37, title VII and title IX, if requested by the Council.
(5) to the extent necessary to implement the measures issued by the authorities of the European Union
for the implementation of section 14, 20 and 24, the Chamber shall issue the internal regulation.
§ 32
The Authorities Of The Comoros
(1) the authorities of the Chamber are
and) the Convention,
(b)), the Executive Committee and the President of the Chamber,
(c) the Supervisory Commission),
(d) Disciplinary Commission).
(2) The authority of the Chamber, with the exception of the Assembly may be elected as statutory
an auditor who has not at the time of the holding of elections suspended performance audit
activity. The term of Office of a member of the authority of the Chamber must not exceed 4
years. Re-elected may, with the authority of the Chamber may remain in the
one and the same body of the Chamber for a maximum of two consecutive working
the period. Details of how the election and dismissal of the members of the Chamber of Commerce
internal regulation of the Chamber. Functions in the bodies of the Chamber are Honorable;
for their performance is the responsibility of the Member of the authority of the Chambers of the earnings loss in the
connection with the performance of the function and the reimbursement of expenses associated with the performance of
function.
(3) the details of the organisation of the Chamber and its bodies and approval method
and the publication of the internal rules of the Chamber shall determine the rules of the Chamber.
(4) the performance of the duties of a member of the authority referred to in paragraph 1 (b). (b) to (d)))
ends
and the end of his term),
(b)), citing
c) relinquishing the functions,
(d)) or death of the Declaration for the dead,
(e)) the prohibition or permanent ban the performance of audit activities.
section 33
Tag
(1) the highest authority is the diet. The right to participate in the Convention have
all statutory auditors registered in the register. The Convention shall be convened by at least
once every two years, the Executive Committee of the Chamber, and within the time limits and in the manner
laid down by the internal regulation of the Chamber. The Executive Committee of the Chamber shall convene the diet
at any time, request in writing within 60 consecutive days
at least a third of the statutory auditors or, if requested by the supervisory
of the Commission; the Executive Committee is obliged to convene the Parliament, so in these cases,
to be made no later than 3 months from the date of the convocation.
(2) the Convention shall be governed by the rules of procedure, which is the internal regulation
The Chamber. The Assembly is the responsibility of
and) elect and dismiss the statutory auditors of the direct and secret choice
the members of the Chamber's bodies and their alternates,
(b) approve the Statute of the Chamber), the Chamber's internal rules or their amendments,
(c)) to approve the code of ethics and auditing standards, with the exception of
auditing standards covered by European Union law,
(d) to decide on the amount of the mandatory) the contribution of the statutory auditors and
audit firms to the activities of the Chamber,
(e)) to decide on the amount of charge per application to a subset of the audit test and
part of the differential test
(f)) to consider and approve the report on the activities of the Executive Committee, the supervisory
the Commission and the disciplinary Commission of the previous two years,
g) approve the accounts Chamber, with the time between two sněmy
made in accordance with paragraph 1, the financial statements would be approved by the Executive
by the Committee and submitted to the Assembly on the note; the financial statements of the Chamber shall publish
on its website,
h) vote auditor authenticating the accounts Chamber
I) to carry out activities set out in the Statute of the Chamber.
(3) the Council shall submit to the Chamber of the Chamber's internal rules, code of ethics and
audit standards within 30 days from the date of their approval by the Assembly.
§ 34
The Executive Committee
(1) the Executive Committee is the executive body of the Chamber. At the head of the Executive Committee
President of the Chamber, which is the statutory body of the Chamber.
(2) the Executive Committee has 14 members and 6 alternates. If the number of members of the
the Executive Committee under the specified number of rows are added from the replacements.
The method of election of alternate members and the procedure for completion of the number of members of the Executive
the Committee lays down the Statute of the Chamber.
(3) the Executive Committee shall perform the activities that are
and this Law Chamber) and other authorities at the Distributor
The Chamber,
(b)) and the Statute of the Chamber specified
(c)) the resolution of the Bundestag delegate.
(4) if required by European Union legislation or change auditing
standards covered by the law of the European Union amendment regulation according to § 33
paragraph. 2 (a). (c)), prepared and approved by the Executive Committee to change this
the regulation is effective on the date of publication in the manner referred to in section 18. This
change regulation approves the Convention at its next meeting.
(5) the Executive Committee shall meet as a rule every two months; It shall be convened by
the President of the Chamber.
(6) the Executive Committee is elected and removed by the President from among its members and
Vice-Presidents of the Chamber. In the event that the President of the Chamber cannot temporarily
to perform this function, may in writing delegate any of the Vice-Presidents
The Chamber performance of their functions.
section 35
The Supervisory Commission
(1) the Supervisory Commission is the supervisory body of the Chamber. The number of members and
alternate members of the Supervisory Commission shall determine the rules of the Chamber. The Supervisory Commission
organise and manage the quality control system audit, monitor compliance with
This law, the implementation of the resolution of the Bundestag, the compliance with other legal
the regulation on certain measures against the legalization of proceeds from crime
the activities and the financing of terrorism and compliance with the internal rules of the Chamber
all statutory auditors, auditing companies, assistants
the auditor and the authorities of the Chamber.
(2) the Supervisory Commission in their activities governed by the supervisory regulations.
(3) the Commission shall inform the Supervisory Board at least once every six months and
The Council of the results of its activities.
section 36
Disciplinary Commission
(1) Disciplinary Commission shall exercise the responsibilities set out in this law. The number of
members and alternate members of the disciplinary Commission shall determine the rules of the Chamber.
(2) Disciplinary Commission in their activities governed by the disciplinary regulations.
TITLE VI OF THE
PUBLIC OVERSIGHT
§ 37
The Council and its scope
(1) the Council shall be set up for public oversight. The Council is a legal
person. The seat of the Council is Prague.
(2) the Council
and) performs a public supervision over the performance of the audit activities and the activities of the
The Chamber in the range specified by this Act,
(b) the scope of the exercises area) public administration in matters under Title X,
(c)) shall decide on the rights, interests and obligations of the law of protected
legal entities and natural persons, if the law so provides.
(3) the Council, in the exercise of public oversight to ensure the protection of the public interest.
(4) the activity of the Council is financed by income from the fines imposed pursuant to section 49a
paragraph. 3 and § 49b paragraph. 2 and in the case of a lack of resources, grants from the
the State budget.
section 38
The Activities Of The Council
(1) the performance of the public supervision under section 37, paragraph. 2 means the supervision of
and control of the compliance with the provisions of the) law, auditing
standards, code of ethics and internal regulations of the Chamber of Auditors and
the authorities of the Comoros,
(b)), the management of organisations and the provision of quality control system
audit activities carried out by the Chamber of Commerce,
(c) the organisation and operation of the system) of continuous education of statutory
the Auditors carried out by the Chamber of Commerce,
(d)) the application of the disciplinary and other measures under this Act, the Chamber
in proceedings against Auditors or persons registered pursuant to § 47
paragraph. 2 to 4.
(2) the Council
and) cooperates with the Ministry of finance in the preparation of legislation
associated with the obligatory audit,
(b)), cooperate with the authorities of public oversight of Auditors of other
the Member States and third countries, under the conditions laid down in this Act,
c) cooperates with the Czech National Bank in respect of the supervision of Auditors
implementing the audit activity of the persons under the supervision of the Czech
the National Bank,
d) fulfils the function of the appellate body in the cases set out in this or
another law ^ 21),
e) approved
1. the Statute of the Council,
2. the plan of activities of the Council,
3. the draft budget of the Council,
4. the rules of procedure of the Council, organizational, filing and signing of the order of the Council,
5. report on the public oversight of the audit referred to in paragraph 3,
(f)) discusses with proposals for changes to the internal rules or suggestions
the internal rules of the Chamber before the process of their approval of the Assembly, or
the Executive Committee; members of the Council have the right to participate without voting
the rights of the Bundestag Chamber or the meeting of its institutions,
(g)) proposal to abolish the Chamber or the change of the internal regulation of the Chamber
or in part, unless they are inconsistent with this Act or any other
legal regulation; If the Chamber fails to comply with the time limit set
The Council may submit a proposal for the abolition of the internal regulation of the Chamber or its
parts of the Court,
h) make recommendations to the quality control system and for the purposes of the performance of
the public oversight,
I) is entitled to require the Chamber design for quality control auditor
(j)) supervises the implementation of the quality control under section 24b through
The Council authorised Member or other authorized person and proposes measures to
the remedy,
k) is entitled to carry out for the purposes of public oversight of the investigation on its own
auditor or at the Chamber,
l) is the Board of the administrative authority in the appeal proceedings against the decision of the
The Chamber,
m) carries out other activities, that it lays down the law and are necessary to
for the proper implementation of public oversight of the audit.
(3) the Council shall issue each year, not later than 30 June 2005. in June, a report on the public
the supervision of the audit of the Czech Republic for the previous calendar year.
§ 38a
Authorities Of The Council Of
(1) the authorities of the Board are
"the Presidium"),
(b) the President of the Council),
(c) Disciplinary Committee).
(2) the Council may establish advisory bodies.
(3) the details of the activities, the internal organisation of the Council, its organs and
its secretariat shall determine the rules of the Council.
section 39
The Presidium
(1) the Executive authority of the Council is Presidium, which carries out activities
laid down in this Act to the Council. The Presidium may exercise of the activities under section
paragraph 38. 2 (a). and (d)), to), and (f)), and (g)) pověřitprezidenta Council.
(2) the Presidium shall consist
and) from 5 members who are persons outside the profession, and
b) 1 member who is the statutory auditor.
(3) the Presidium shall be appointed and dismissed by the Minister of finance in agreement with the Czech
the National Bank.
(4) the Presidium appoints from its members in accordance with paragraph 2 (a). and)
the President of the Council during the inaugural meeting of the Council and further always in the appointment of
more than one new Member of the Executive Board, or if the President of the Council
the performance of the functions of a member of the Presidium of the ends.
(5) the President of the Council is a statutory body of the Council. The President of the Council in its
the absence of the Executive Board, shall represent it.
(6) the term of Office of the members of the Presidium is 6 years old. Every 2 years are appointed
two members of the Executive Board.
(7) a member of the Executive Board may be appointed to a citizen of the Czech Republic, which is
a recognized expert and was or is active in the field of accounting, auditing
activities or in the fields related to them, or in the area of the rights and
Economics.
(8) a member of the Executive Board may be appointed to the Chamber was saved
the disciplinary measures referred to in section 25, paragraph. 1 (a). b) to (e)).
(9) the performance of the duties of a member of the Presidium of ends
and the end of his term),
(b)), citing
c) relinquishing the functions,
(d)) or death of the Declaration for the dead,
(e) in the case of a member of the Executive Board) pursuant to paragraph 2 (a). (b)) the prohibition or
permanent ban the performance of audit activities.
(10) The Presidium is removed from Office,
and if he does not pursue) its function or fails to fulfil its obligations under this
the law for longer than 9 months,
(b)) to seriously undermines the dignity of his functions, or
interferes with the independence and impartiality of the Council,
(c)) if the legal power of judgment, which is limited in mom,
(d)) if the legal power of judgement, which has been sentenced for an intentional
offence, or
(e) if the Member of the Executive Board) pursuant to paragraph 2 (a). (b)) was imposed disciplinary
the measures referred to in section 25, paragraph. 1 (a). b) to (e)).
(11) the Member of the Executive Board for the performance of its function belongs to a reward in the amount of the specified from the
the salary base coefficient 0.25 platovým according to the law on salary and
other terms associated with the performance of the functions of Heads of State
power and some State authorities and judges.
(12) the President of the Council for the performance of its function belongs to a reward in the amount of the specified
from the level of the base platovým the coefficient 0.35 under the law on salary and
other terms associated with the performance of the functions of Heads of State
power and some State authorities and judges.
(13) the members of the Presidium shall have the right to reimbursement of expenses related to the performance
function. Refunds of expenditure related to the performance of functions and expended when
compliance with the principles of economy are the financial implementation of the assistance provided for
proven
and expenditure on its own transport) vehicle or rent transport
from the place of residence to the place of the registered office of the Council, and when traveling
associated with the performance of the functions,
(b) expenditure on public transport), mass transport, with
except for air transport, domestic waterway related
function,
(c) expenditure on transport in the) foreign travels connected with the performance of
function,
(d) expenditure on catering for) domestic and foreign travels of the United
with the performance of the functions,
e) accommodation costs for domestic and foreign travels of the United
with the performance of the functions,
(f) expenditure on temporary accommodation) in the place of the registered office of the Council,
g) expenditure on technical and administrative work,
h) expenditure on professional literature.
§ 39a
The Disciplinary Committee
(1) the Disciplinary Committee shall have at least 3 members.
(2) a member of the Disciplinary Committee may be appointed as a citizen of the Czech
Republic, which has been active in the field of audit, or is or has been active in the
in the fields of accounting or related or in the field
law and economics. A member of the Disciplinary Committee may be appointed
Member of the Executive Board, a statutory auditor, or a person who is financially or
in any other way connected with the auditor.
(3) members of the Disciplinary Committee shall be appointed by the President of the Council on the
the proposal of the Executive Board. The term of Office of the members of the Disciplinary Committee, the way
their appeal and the Statute of the Council of the remuneration.
(4) the Disciplinary Committee shall exercise at first instance the competence of the Council in
the infringement procedure provided for in Title X. Appellate body's Presidium.
(5) the functions of a member of the Disciplinary Committee a member belongs to the authority
only expenses.
section 40
Meeting Of The Presidium
(1) the Presidium shall meet as necessary but at least once every 3 months.
The meeting of the Executive Board shall be convened by the President of the Council. If requested in writing by any of the
the members of the Presidium to convene an extraordinary meeting shall be convened by the President of the Council,
This session not later than 30 days from the date of receipt of the request.
(2) meeting of the Presidium is non-public, unless the Statute provides otherwise.
(3) the Presidium shall decide by a vote. Each Member of the Executive Board shall have one vote.
The decision is taken, if you voted for him, at least 4 members
The Executive Board, with the exception of decisions under section 37, paragraph. 2 (a). (c)); in this
If the decision is taken by an absolute majority of the members present
The Executive Board and in the case of their equality is the decisive voice in the Council President.
The voting results Protocol, which shall be signed by all present members
The Executive Board, where appropriate, the person who was responsible for the formulation of the Protocol.
(4) the organisational structure and other organizational details of the Council shall lay down the
the Statute of the Council.
TITLE VII
COOPERATION WITH THE COMPETENT AUTHORITIES IN THE OTHER MEMBER STATES
§ 41
Cooperation with the competent authorities of the Member States
(1) the Council has a duty to cooperate with the competent authorities
the Member States, whenever, for the purposes of the implementation of public oversight
under this Act, necessary or desirable. In particular, the exchange of
information and cooperate in investigations relating to the implementation of the
statutory audits.
(2) the obligation to maintain confidentiality applies to all persons,
which are or have been employed by the Council. Information, which is covered by
the requirement of secrecy may not be disclosed to any other person or body,
unless otherwise provided in this or any other law to the contrary. This is without prejudice to
the possibility of the exchange of confidential information between the competent authorities. The Council of the
shall ensure that the information exchanged is also covered in the obligation to
maintain confidentiality. The Council may also request the competent authority of another
of a Member State to carry out an investigation on its territory. May also request
to its own employees or persons selected who could, in the course of
the investigation follows a person by the competent authority of the other Member
State. The Council may allow persons authorised by the competent authority of another
Member State be present survey carried out by the Council.
(3) the Council may refuse to carry out the investigation or refuse to allow
employees or persons selected by the competent authority of another Member
State workers to accompany their, as referred to in paragraph 2, if the
and such an investigation) may have an adverse impact on sovereignty, security
or public order of the Czech Republic,
(b)) was already against the auditor initiated legal proceedings in the same case,
or
(c)), or the Council Chamber for the following persons, in the framework of disciplinary or other
the proceedings in this case have decided.
section 42
The exchange of information between the competent authorities of the
(1) the Council shall provide the competent authorities of the other Member States, on request,
and without undue delay, the information required for the purposes referred to in section 41
paragraph. 1. the Council shall adopt, if necessary, that such a request is received,
without undue delay, the necessary measures to ensure that the information required
It has gained. The information thus provided is covered by the obligation of
confidentiality.
(2) if the Council fails on the basis of the request, the requested information without
undue delay, must communicate to applicants the reasons.
(3) the Council may refuse to provide information if the
and provision of information) should be could have an adverse impact on sovereignty,
security or public order of the Czech Republic,
(b)) was already in the same things against the Auditors started court proceedings, or
(c)) on this matter has been finally decided by the Court.
(4) without prejudice to the obligations of the Council Chamber or at the administrative or
judicial proceedings, may use the information obtained in accordance with the procedure
section 41 paragraph. 1 the competent authorities of other Member States only for the
the exercise of its competence in the field covered by this law and in the
the context of administrative or judicial proceedings specifically related to the
the exercise of those powers.
(5) If the Council or the Chamber they conclude, that on the territory of another
Member State are or have been carried out activities contrary to
the provisions of the directive of the ^ 1), it shall notify this conclusion as accurately as possible to the competent
authority or authorities of that other Member State. In addition, the Chamber shall forward the
notification to the Council.
(6) If the Council or the Chamber receives information referred to in paragraph 5, the
obliged to keep each other informed of such. The Council shall decide on the
the adoption of appropriate measures. Of the result, or significant provisional
the development of the Council shall inform the notifying competent authority of another Member State.
TITLE VIII
SPECIAL PROVISIONS FOR THE STATUTORY AUDIT OF PUBLIC INTEREST ENTITIES
§ 43
Report on the transparency of
(1) the Auditor carrying out statutory audits of public-interest entity has
the obligation to publish on its website within 3 months after the
the end of their financial year, annual report on transparency, which
contains the following information:
and information on the legal form) and the owner of the audit firm,
(b)) description of the network, if an audit firm belongs, and the legal and
the structural position of the audit firm in the network,
(c) a description of the management structure) of the audit firm,
d) description of the internal quality control system of the Auditor, where appropriate, Declaration
the statutory body of the audit firm about the effectiveness of its functioning,
(e)), an indication of when it was last performed by the auditor's quality control
under section 24b,
(f) a list of public-interest entities) for which the auditor has carried out
or has already ended the execution of a statutory audit in accounting period included
in the report on transparency,
(g) a statement of independence activities) of the audit firm, which
It also confirms that an internal review was carried out of compliance with the
the independence,
h) a statement of the approach that the auditor shall monitor in the area
continuous education of statutory auditors referred to in article 9,
I) financial information concerning the position of the auditor of the company
on the market, such as the total turnover divided into fees for statutory audits
annual accounts and consolidated accounts, and fees charged
for other assurance services, tax advisory services and other
non-audit services,
j) information concerning the method of calculating the remuneration of persons engaged
the function of key audit partner.
(2) if the audited public-interest entity the statutory auditor,
apply, mutatis mutandis, the requirements to report on transparency
of paragraph 1.
(3) the report on transparency, signed by the auditor.
The audit committee
§ 44
the title launched
(1) public-interest entity audit committee is hereby established, hereinafter
unless otherwise provided for. The audit committee has at least 3 members, unless otherwise provided in
the establishment of legal negotiations the number higher.
(2) the highest authority of the public-interest entity shall appoint the members of the Committee for
audit of non-executive members of the inspection authority or of third parties. If
the highest authority of the public-interest entity fails to appoint the members of the Committee for
audit, or does not have a public-interest entity the highest authority, are members of the
non-executive members of the audit committee of the supervisory authority. If the number of
non-executive members of the supervisory body is sufficient to populate the
the minimum number of members of the audit committee, make up their number of third
persons nominated by the supervisory body. The Chairman of the audit committee must be
independent.
(3) a majority of the members of the audit committee must be independent and professionally
eligible.
(4) at least one member of the audit committee must be a person who is or
the statutory auditor, or a person whose knowledge or previous
practice in the field of accounting, provide presumption of proper exercise features
Member of the audit committee, with regard to the sectors in which the entity
the public interest; This member must be independent.
(5) a technically competent Member of the Committee, in addition to the persons referred to in paragraph
4 the person who for at least two years
and he held an executive management position) in the business unit, which operates in the
the same industry as public-interest entity, or
(b)) was responsible for the performance of the risk management function, evaluation of compliance
activities with legislation, internal audit, or insurance
a mathematical function or other similar functions.
(6) the public-interest entity shall publish on its website
list of the members of the audit committee; for these persons, that such information shall
are written to the members of the supervisory authority in the commercial register.
§ 44a
(1) without prejudice to the responsibility of the members of the management or supervisory bodies
or other persons appointed by the highest authority of the public body
interest, in particular, the audit committee
and monitors the effectiveness of the internal control), risk management system,
(b) monitor the effectiveness of internal audit) and ensures its functioning
independence, if the established internal audit functions; internal audit is a
the audit committee in this case are functionally subordinate,
(c)) shall monitor the progress of compiling the financial statements and the consolidated
statements,
(d) the Auditors of the inspection body) it is recommended that this recommendation
duly justified,
(e) assessing the independence of the statutory auditor), and audit firms
and the provision of ancillary services in the public interest, a statutory body
Auditor and audit firm,
(f) monitor the statutory audit process).
(2) a subject of public interest, proposes to the firm or
the statutory auditor of the executing the audit activity of the own
name and on its own account, the authority competent to determine the auditor inspection
authority; in doing so, shall take into account the recommendations of the audit committee. Propose-if
the inspection authority of the statutory auditor or audit firm
executing audit activities on their own behalf and on their own account
other than the one that was recommended by the Committee for the audit, is such a proposal
the competent authority shall determine the auditor's duly substantiated, in particular
shall state the reasons for deviated from recommendations of the audit committee.
(3) the statutory auditor or audit firm is continuously served
the audit committee reports on relevant events resulting from
the statutory audit, in particular on material weaknesses in internal control
in relation to the compilation of the accounts or the consolidated
of the financial statements.
section 44b
(1) public-interest entity which is a bank according to the law governing the
the activities of banks, savings and cooperative úvěrním under the law governing the
the activity of the savings and credit cooperatives, by the insurance undertaking or the reinsurance undertaking
or pension companies according to the law governing pension saving
or supplementary pension savings, may not have established the audit committee,
If
and not the person) has released the investment securities which were
admitted to trading on a regulated European market,
(b)) has elected one-tier system the internal structure of the company, where
Chairman of the Administrative Council is a statutory Director,
(c)), at least one member of the inspection body fulfils the conditions provided for in § 44
paragraph. 4 and
(d)) to the balance sheet date, for the immediately preceding financial year
meets at least 2 of the following 3 criteria:
1. the average number of employees during the accounting period is lower than the
250,
2. total assets do not exceed EUR 43 0000 0000,
3. annual net turnover not exceeding EUR 50 0000 0000.
(2) If a public-interest entity referred to in paragraph 1, the Committee has not established the
for the audit, the audit committee carries out activities of its supervisory authority.
(3) where the body of public interest referred to in paragraph 1 is not set up
the audit committee, shall publish on its website, which the authority
performs the functions of the audit committee and the names of the persons who are its members, and
stating the reasons for the nezřízení of the audit committee.
(4) if the entity has not established the public interest referred to in paragraph 1, the Committee for
the audit, the statutory auditor or audit firm to their
obligations under section 44a of the paragraph. 3 to the inspection authority.
§ 44 c
(1) the audit Committee also establishes an entity that is
and business corporations under the Act) of the business corporations, which is
great accounting unit and in which the State, territorial
all voluntary self-governing municipalities, or municipal master
the city of Prague is treated separately or together with another business
component of the State, local government, voluntary total volume of municipalities
or the urban parts of the capital city of Prague, the share of voting rights
representing more than 50% of all votes cast in the commercial corporation,
(b)) under the law on business corporations, business corporations, which is
the consolidating accounting unit, on a consolidated basis
at the balance sheet date exceeds at least 2 border values listed in section 1b
paragraph. 3 of the Act on accounting, and in which the State
territorial self-governing unit, a voluntary part of the municipalities or municipal
the capital city of Prague is treated separately or together with another
the organizational component of the State, local government, voluntary total
the volume of the municipalities or other urban parts of the city of Prague
voting rights representing more than 50% of all votes in the business
Corporation,
(c)) under the law on State Enterprise State enterprise, which is a great
accounting unit
(d)) State Organisation railway infrastructure administration according to law
governing the establishment and operation of the railway administration, State Organization
the transport route, or
e) business corporations act business corporations, which is
a great company, if its controlling entity
referred to in points (a) to (c))), if so its controlling person.
(2) the entity referred to in paragraph 1 shall apply mutatis mutandis to section 44 and
44a.
section 45
Additional requirements of independence
(1) the Auditors carrying out the statutory audits of public-interest entity,
are required to
and once a year a written form) Declaration to confirm the audit committee
its independence on this subject,
(b)) once a year, in writing to the audit committee, the additional services
provided by this body and the
(c) discuss with the Committee) for audit of possible threats to their independence and
the measures used to mitigate, and in accordance with § 14.
(2) does not have a public-interest entity established an audit committee in accordance with section 44,
the auditor shall fulfil his obligation under paragraph 1 to the control authority
This body.
(3) the key audit partner responsible for carrying out the statutory audit of
public-interest entity must be audit contract
by no later than 7 years after the date of the auditor's determination under section 17 and may
perform audit work in this body of public interest
soon as possible after the expiration of 2 years.
(4) the statutory auditor or the key audit partner who carries out
statutory audit for the firm, not to accept in the audited
public-interest entity controlling function before the end of 2 years after the
carried out the statutory audit or stopped working, was dismissed or resigned
as the statutory auditor or the key audit partner from the implementation
audit engagement.
TITLE IX OF THE
REGISTRATION AND INTERNATIONAL COOPERATION
section 46
cancelled
section 47
Registration for the purposes of the statutory audit of the company located in a third
country
(1) the registers in the register of the Chamber of Auditors from a third country, the audit
a person from a third country auditor from another Member State, the audit
a person from another Member State and the Auditor, who shall submit a report
the auditor concerning the annual accounts and consolidated accounts
companies registered in a third country, whose securities are
balance sheet date admitted to trading on a regulated market, with the exception of the
in the case where the company publishes only bonds or similar securities
papers representing the right to repayment of the amount owed to the received
trading on a regulated market and is the nominal value of such
a security of at least EUR 50 000 or, in the case of bonds
nominal value expressed in a different currency, which on the date of their
the release of at least equal to the amount corresponding to € 50 000 (hereinafter referred to as
"the company from a third country"). For the conversion of other currencies will be used in a course
the foreign exchange market announced by the Czech National Bank at the balance sheet date.
(2) the Chamber at the request of the auditor from a third country to register if
and) are fulfilled requirements equivalent to those laid down in section 4, paragraph 4.
1 (a). and (d)), to), and (f)),
(b) the natural person conducting the) for the audit of financial statements or
the consolidated financial statements of the company from a third country complies with the
requirements equivalent to those laid down in section 4, paragraph 4. 1 (a). and (d)))
and (f)),
(c) audit of the financial statements) or consolidated accounts of a company
from a third country is carried out in accordance with standards on auditing in accordance with section 18
and with the requirements laid down in section 14 and 16, or with equivalent standards and
requirements,
(d)) shall publish on their website an annual report on
transparency, which contains the information referred to in section 43, or that
meets equivalent disclosure requirements.
(3) at the request of the audit Chamber registers a person from a third country,
If
and) are fulfilled requirements equivalent to those laid down in section 5 (3).
1 (a). (h)),
(b)) the majority of members of the Steering Body meets the requirements of the equivalent
the requirements laid down in section 4, paragraph 4. 1 (a). and (d)), to), and (f)) and § 5 (3). 1
(a). (h)),
(c) a natural person carrying out) for the audit of financial statements or
the consolidated financial statements of the company from a third country complies with the
requirements equivalent to those laid down in section 4, paragraph 4. 1 (a). and (d)))
and (f)),
d) audit the accounts or the consolidated accounts of a company
from a third country is carried out in accordance with standards on auditing in accordance with section 18
and with the requirements laid down in section 14 and 16, or with equivalent standards and
requirements,
(e)) shall publish on their website an annual report on
transparency, which contains the information referred to in section 43, or that
meets equivalent disclosure requirements.
(4) on the request of the registered auditor's Chamber from another Member State,
If it satisfies the requirements referred to in paragraph 2 (a). b) to (d)) and the audit
a person from another Member State, if it satisfies the requirements referred to in paragraph
3 (b). b) to (e)).
(5) The registered person in accordance with paragraphs 2 to 4 shall apply
the provisions of this law governing public oversight, quality control and
disciplinary and other measures. If these persons are subject to the control system
the quality of another Member State or if such persons are subject to the system
quality control in a third country, which was evaluated as equivalent in
accordance with section 24, and quality control has been carried out for this person in the
during the preceding 3 years, quality control might not execute.
(6) if the auditor's report shall be presented, regarding the financial statements and
the consolidated financial statements of the company, the auditor from a third country,
shall notify the Chamber of the fulfilment of the requirements referred to in paragraph 2 (a). (b)), and (c)),
in the case of a statutory auditor, or in accordance with paragraph 3 (b). (c)), and (d)),
If the audit company, and shall publish on its website
annual report on transparency website that contains information
referred to in section 43, or that meets equivalent disclosure requirements.
(7) if the auditor's report on financial statements or
the consolidated accounts referred to in paragraph 1 drawn up by a person who
not registered at the Chamber of Commerce in accordance with paragraphs 2 to 4, or the Auditor,
who does not fulfil the requirements referred to in paragraph 6, you cannot treat this message
for the auditor's report in accordance with this Act.
(8) the Council shall assess the equivalence referred to in paragraph 2 (a). (c)) and in the
paragraph 3 (b). (d)), if the European Commission did not decide in this case
previously. In this case, the Council may or may not work with the Chamber of Commerce.
section 48
Derogations in the case of equivalence
(1) the procedure provided for in § 47 odst. 1 to 4 may not be used in the event that the
person according to § 47 odst. 1 subject to systems of public oversight, control
the quality and the penalties in the third country that meet requirements equivalent
requirements under section 24, 25, and title VI.
(2) the Council shall assess the equivalence referred to in paragraph 1, if the European
the Commission in this case decided previously. The Council shall, where appropriate, may rely on the
evaluation of the other Member States. If, subsequently, the European Commission
Decides that the requirement of equivalence referred to in paragraph 1 is not met,
You can proceed in accordance with paragraph 1, after a reasonable transitional period,
This will allow the European Commission, in its decision.
(3) the Council shall inform the European Commission without undue delay,
and their assessment of equivalence) referred to in paragraph 2 and
(b)) on the basis of paragraph 1, the main components of its arrangements for cooperation with the
authorities of third countries in the field of public oversight, quality control and
investigation and penalties.
section 49
Cooperation with the competent authorities of third countries
(1) the Council may provide the auditor's file or other documents in the possession of
Auditors of the competent authorities of the third country, provided that the
and Auditor) file its parts, or other documents related to the mandatory
audits of companies which have issued securities in that third country or
that are part of the group that published the mandatory consolidated
accounts in that third country,
(b) the provision of these documents) the competent authorities of the third country concerned
is carried out on the basis of their application and through the Council,
(c)), the competent authorities of the third country meeting the requirements that have been
referred to in paragraph 3, declared under the appropriate,
d) there are working arrangements based on reciprocity, agreed between the
The Council and the competent authorities of the third country concerned,
(e)), the transfer of personal data to a third country in accordance with other legal
^ Code 22).
(2) the working arrangements referred to in paragraph 1 (b). (d)) shall ensure that the
and) the competent authorities are required to justify the purpose of the request referred to in paragraph
1 (a). (b)),
(b)) the persons employed or formerly employed by the competent authorities of the third
countries that have received information, are subject to the obligation to maintain
confidentiality,
(c)), the competent authorities of the third country could use auditor's file and other
documents only for the performance of public oversight, quality control and
investigations that meet requirements equivalent to those referred to in section 24,
25 and in Title VI,
(d) the request of the competent authorities in the third) of the country granting the file auditor
or other documents in the possession of the auditor's report, it was possible to refuse,
1. if provision of the file of the auditor's report or other documents could be
adverse impact on sovereignty, security or public order of the Czech
Republic or the community, or
2. If the domestic courts have already been initiated before the court proceedings against the
These persons in the same things.
(3) the Council shall adopt the measures necessary to comply with the decision
The European Commission in the case of the evaluation of the adequacy referred to in paragraph 1
(a). (c)).
(4) the Council may, in exceptional cases, by way of derogation from paragraph 1, in writing,
allow Auditors to audit file or other documents directly
the competent authorities of the third country, subject to the following conditions:
and) the competent authorities of that third country have launched an investigation,
(b)) the provision does not conflict with the obligations laid down in this Act,
which statutory auditors and audit firms to carry out in respect of
to forward the file of the auditor's report and other documents of the Council or of the Chamber,
c) there are working arrangements with the competent authorities of that third country,
that allow to the Council on the basis of reciprocity, the direct access to the file
Auditor's report and other documents in the possession of the auditors from that third country or
audit of persons from that third country,
(d)), the competent authority of a third country who requests the information directly from the Auditor,
inform the Council of any such request and shall state the reasons for such
the procedure,
(e)) are not violated the conditions referred to in paragraph 2.
(5) if the European Commission will specify the exceptional cases referred to in paragraph
4, the Council is required to allow for these exceptional cases, the procedure provided for in
of paragraph 4.
(6) the Council shall communicate to the European Commission the working arrangements referred to in
paragraphs 1 and 4.
TITLE X
ADMINISTRATIVE OFFENCES
§ 49a
Misdemeanors
(1) a natural person as a person that died of the audit permissions
commits an offence in contravention of section 45, paragraph. 4 accepts in the audited
public-interest entity control feature before the end of 2 years after the
carried out the statutory audit or stopped working, revoked or
resigned as a statutory auditor or the key audit partner from
the implementation of the audit engagement.
(2) quality controller commits an offence that in the Declaration of
compliance with the requirements set out in section 24b, paragraph. 1 shall indicate false
information.
(3) can impose a fine for the offense to
1 0000 0000 Czk), if the offence referred to in paragraph 1,
(b)) 100 000 CZK in the case of a misdemeanour provided for in paragraph 2.
§ 49b
Administrative delicts Chamber
(1) the Chamber is committed misconduct by
and index), in contravention of section 11 (1). 1 to 6 or 12 to 12d,
(b)), controls or operates a system of quality control in the conflict with the
section 24, paragraph. 2 or 3,
(c)) performs quality control in contravention of section 24b, paragraph. 1,
(d)) in contravention of section 24, paragraph. 5 do not submit quality control plan to
the approval of the Council,
e) issued a comprehensive report on quality control, according to section 24, paragraph. 6,
(f)) does not control the quality, established by the Council under section 38, paragraph. 2 (a).
I),
(g)) the same is with the Council of the Chamber's internal rules, code of ethics or
auditing standards before their release in accordance with section 31, paragraph. 2 (a). (c)),
(h)) does not provide documents and information to the Council in accordance with section 31, paragraph. 3, or
I) make it impossible to exercise public oversight or cooperation with the competent
authorities in the other Member States and third countries, excluding
the necessary synergy to the Council in accordance with section 31, paragraph. 4.
(2) for the administrative offence is imposed to 300 USD.
section 49 c
Common provisions in administrative deliktům
(1) the Chamber for administrative offence does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the acreage of a fine account of the seriousness of the administrative
tort, in particular, to the way its committing, its consequences, and to
the circumstances under which it was committed.
(3) the responsibility for the administrative offence shall cease, if the administrative authority about him
has commenced proceedings to 1 year from the date on which it learned, no later than
However, within 3 years from the day when it was committed.
(4) administrative offences under this Act are heard by the Council.
(5) the income from fines is the tv Council.
TITLE XI
COMMON, TRANSITIONAL AND FINAL PROVISIONS
section 50
Common provisions
In the cases referred to in sections 4 and 5, § 7 (2). 3, Section 7a of the paragraph. 2, § 7b, paragraph. 1
and 4, § 8 paragraph. 3, 6 and 7, section 10, 25, and 26, § 28 paragraph. 2, § 38 paragraph. 2
(a). l) and section 10a and paragraph 47. 2 and 3, according to the administrative code,
unless otherwise provided in this Act of something else. The provisions of sections 10 and 11, 13, 25, 58
up to 63 and section 94 to 178 of the administrative code are not applicable; with the exception of the
execution of fines imposed pursuant to section 49a and 49b.
section 51
Transitional provisions
(1) the Auditors and audit firms are entered in the register of audit
companies and the list of Auditors kept under existing laws,
the legislation on the date of entry into force of this Act become audit
companies and statutory auditors in accordance with this Act. Chamber of Commerce
ensure that their registration in accordance with this Act.
(2) the visiting auditor according to the existing legislation can
carry out their activities for the period stated in the certificate issued on the basis
the existing legislation.
(3) Established the auditor according to present legislation is considered to be
the statutory auditor under this Act.
(4) the audit test of composite to the date of entry into force of this Act
According to the existing legislation, it is considered a test under this
the law.
(5) the composition of the component tests according to the existing legislation to recognize the
as the composition of the component tests according to this law. The composition of all partial
the tests according to the existing legislation is considered the composition of the
the audit examination under this Act.
(6) the Audit was initiated and unfinished until the date of entry into force of this Act
completes by the existing legislation.
(7) for contractual relations entered into before the date of entry into force of this
the Act, whose subject is the performance of audit work in relation to the
accounting period before the date of entry into force of the consultative work of this law, the
in the matter of the assessment of the independence of the Auditor in accordance with the existing
the legislation.
(8) for the contractual relations arising before the entry into force of this Act,
whose subject is the statutory audit of the financial statements with the decisive day
a maximum of 31. December, 2010, determine the auditor is required under section 17 of the
paragraph. 1.
section 52
(1) the auditor Assistants enrolled in the list maintained by the auditor assistants
According to the existing legislation on the date of entry into force of this
the law become assistants of the Auditor in accordance with this Act. The Chamber shall ensure that the
their registration in accordance with this Act. The duration of the employment relationship
Assistant Auditor assistants registered to the list prior to the date of the auditor
the entry into force of this law shall be included in the period of employment
in accordance with this Act.
(2) the practice carried out by the Auditors in accordance with the existing regulations, it is considered
practice under this Act.
section 53
To the days or periods covered by this law shall be counted against the time or
period, which started to run before the date of entry into force of this Act.
§ 54
(1) Disciplinary measures are removed from the list of Auditors saved by
the existing legislation is considered to be disciplinary measures permanent ban
performance audit activities under section 7.
(2) Disciplinary proceedings initiated before the date of entry into force of this Act
According to the existing regulations under the existing legislation is completed.
The ongoing proceedings in the Appeals Chamber will complete the Chamber. If it is issued
the decision of the Council shall exercise disciplinary Commission after the date of entry into force of this Act, is
the appellate authority of the Council.
section 55
(1) the Executive Committee referred to in section 33 shall convene the first Parliament under this Act
until 31 December 2006. December 2009.
(2) the Chamber established under the existing legislation, it is considered
The Chamber established under this Act.
(3) the professional regulations, directives and the Statute of the Chamber issued to the date of acquisition
the effectiveness of this law shall remain in force. Within 12 months from the date of
the entry into force of this law, the Chamber is required to bring them into line with the
This law.
(4) If on the date of entry into force of this law on a particular subject area
audit activities not covered by the international auditing standard under section
18, the existing auditing standard governing the area
issued by the Chamber, and up until the area is modified.
international audit standard under section 18.
(5) the members and alternate members of the Board of the Chamber elected in accordance with the existing laws,
the legislation on the date of entry into force of this Act, become members of, and
alternate members of the Executive Committee under this Act. Until the election of the
the Executive Committee under this Act has a number of members of the Executive Committee and
alternates, which was determined by the existing legislation to the Council
Chamber of Commerce (section 32, paragraph 2, of Act No. 254/2000 Coll. on Auditors and amendment
Act No. 165/1998 Coll.). Proceed in the same way for the Supervisory Commission
and the disciplinary Commission of the Chamber of Commerce.
(6) the elections to the Chamber's bodies under section 32 will be held for the first time not later than
December 31, 2010 with the fact that the Executive Committee of 7 members with the highest number of
received votes will be chosen for 4 years, the remaining 7 members for 2 years.
In the event that for any reason, Member of the Executive Committee resigns
four-year mandate, is on the place occupied by another Member of the
the Executive Committee with the highest number of votes. The freed space then
playing alternate.
(7) in the appointment of the first six members of the Executive Board are appointed by 2 members
the six-year term, 2 members to the four-year term and 2
members of the two-year term. This appointment may be the number of
the members of the Executive Board, who are the person outside the profession, reduced to 4 members.
section 56
(1) the application Submitted to the audit test or a subset of the audit test
the audit test or differential according to present legislation
are considered applications for audit test or a subset of the audit
the test or the differential test pursuant to this Act.
(2) the statutory auditor, the audit firm and the assistants of Auditors
shall send to the Chamber within six months from the date of entry into force of this Act
information expressing the real state, subscribing to the list
Auditors or the list of assistants of Auditors.
§ 57
Public interest entities are obliged to meet its obligations under the
This Act, not later than 31 December 2006. December 2009.
section 58
Cancellation provisions
Shall be repealed:
1. Act No. 254/2000 Coll. on Auditors and on the amendment of Act No. 165/1998 Coll.
2. Act No. 209/2002 Coll., amending Act No. 254/2000 Coll., on the
Auditors and on the amendment of Act No. 165/1998 Coll.
3. Law No 169/2004 Coll., amending Act No. 254/2000 Coll., on the
Auditors and on the amendment of Act No. 165/1998 Coll. as amended by Act No.
209/2002 Sb.
4. Decree No. 467/2000 Coll. issuing the examination regulations for the
audit testing and audit (audit tests test the differential
order).
PART THE SECOND
Amendment of the Act No. 283/2004 Coll., as amended by the Act No. 344/2005 Sb.
section 59
Law no 284/2004 Coll., amending Act No 61/1996 Coll., on
certain measures against the legalization of proceeds from crime and on the
change and the addition of related laws, as amended, and
some additional laws, as amended by the Act No. 344/2005 Coll., part three
repealed.
PART THE THIRD
The amendment to Act No 56/2006 Coll., amending Act No. 256/2004 Coll., on
on the capital market business, as amended, and other
related laws
section 60
In Act No 56/2006 Coll., amending Act No. 256/2004 Coll., on
on the capital market business, as amended, and other
related laws, part ten deleted.
PART THE FOURTH
The amendment of Act No. 57/2006 Coll., amending the laws in the context of the
the unification of the financial market supervision
section 61
Law No 57/2006 Coll., amending the laws in the context of the unification of
the financial market supervision, is part of the twenty-seventh is deleted.
PART THE FIFTH
Amendment of the Act No. 70/2006 Coll., amending certain laws in the
connection with the adoption of the law on the implementation of international sanctions
section 62
In the Act No. 70/2006 Coll., amending certain laws in connection with the
the adoption of the law on the implementation of international sanctions, is part of the seventeenth
repealed.
PART SIX
The EFFECTIVENESS of the
section 63
This Act shall take effect on the date of its publication.
Vaidya in the r.
Klaus r.
Topolanek in r.
Selected provisions of the novel
Article. XIX Act No. 139/2011 Sb.
The transitional provisions of the
The auditor performing the statutory audit of the settlement system operator
or an electronic money institution as public-interest entities under
section 2 (a). m) Act No. 93/2009 Coll. on Auditors, in the texts of the effective
before the date of entry into force of this law, is considered to be the auditor of the
carrying out the statutory audits of public-interest entity from the time of
the completion of the statutory audit concerning the accounting period in which the
the operator of a settlement system or electronic money institutions
ceased to be a body of public interest, does not do this, the auditor
even the statutory audit of another subject of public interest. This is without prejudice to
the obligation to publish the annual report of the Auditor on the transparency referred to in § 43
the law on Auditors.
Article. LIX of Act No 420/2011 Sb.
Transitional provisions
1. the proceedings initiated before the date of entry into force of this law and in the
on this day the executor completes and the rights and obligations
related shall be assessed in accordance with the existing legislation.
2. Audit permission issued under previous legislation
considered the audit permission issued under sections 4 and 5 of law No. 93/2009
Coll., as amended, effective from the date of entry into force of this Act.
Article. (II) Law No. 334/2014 Sb.
Transitional provisions
1. the proceedings initiated pursuant to Act No. 93/2009 Coll., as amended effective before the
date of entry into force of this law, and to this day the unfinished,
completes the existing legislation.
2. the time limits provided in § 8 paragraph. 3, § 25 paragraph. 5, and in section 27 of Act No.
93/2009 Coll., as amended effective prior to the date of entry into force of this
the Bill, which started to run until the date of entry into force of this law, the
be assessed in accordance with the existing legislation.
3. the list of Auditors and Auditor assistants list led by Chamber of Auditors
The Czech Republic pursuant to § 11 and § 30 law No. 93/2009 Coll., as amended by
the effective to date of the entry into force of this law, shall be deemed to register
Auditors pursuant to section 11 of Act No. 93/2009 Coll., as amended, effective from the date of
the entry into force of this law.
4. The number of the Audit privilege pursuant to section 12 paragraph. 1 (a). (b)) and § 12
paragraph. 2 (a). e) Act No. 93/2009 Coll., as amended effective date
the entry into force of this law, is considered as a registration number in accordance with §
12 (a). (d)) and section 12a (e). g) Act No. 93/2009 Coll., as amended effective
from the date of entry into force of this Act.
5. the Chamber of Auditors of the Czech Republic within 12 months from the date of acquisition
the effectiveness of this law, in cooperation with the relevant registry administrator
ensure access to basic population register, agendového
the information system of the population register and agendového information
of aliens in accordance with § 12e Act No. 93/2009 Coll., as amended by
effective from the date of entry into force of this Act.
6. An applicant who applies for the release of the Audit privilege under law No.
93/2009 Coll., as amended, effective from the date of entry into force of this law, in
period of 12 months from the date of entry into force of this law, that the
the request referred to in section 4, paragraph 4. 1 (a). (b)) Act No. 93/2009 Coll., in
the texts of the effective date of the entry into force of this law, the statement of
the competent registry that contains the reference.
7. Temporary prohibition of the performance of audit work in accordance with section 6 (1). 1 (a). and)
(a) to (c)). (f)) and pursuant to section 6 (1). 3 (b). and (c))) and Act No. 93/2009
Coll., as amended effective prior to the date of entry into force of this law, the
It considers the ban on performance audit activities according to § 7 (2). 1 (a). and)
(c)), section 7 (2). 3 (b). and § 7 (2)) or. 2 (a). and (d))) and pursuant to section 7 of the
paragraph. 3 (b). and) Act No. 93/2009 Coll., as amended, effective from the date of acquisition
the effectiveness of this Act.
8. Temporary prohibition of the performance of audit work in accordance with section 6 (1). 1 (a). (d))
and (e)) and pursuant to section 6 (1). 3 (b). (b)) Act No. 93/2009 Coll., as amended by
effective prior to the date of entry into force of this law, shall be deemed to
suspension of the performance audit activities under section 6 (1). 1 to 4 of Act No.
93/2009 Coll., as amended, effective from the date of entry into force of this Act.
9. the temporary prohibition of the performance of audit work in accordance with section 6 (1). 1 (a). (g))
and under section 6 (1). 3 (b). d) Act No. 93/2009 Coll., as amended effective
before the date of entry into force of this Act, is deemed to be the demise of
permission for the performance of audit work pursuant to section 7b, paragraph. 1 of law No.
93/2009 Coll., as amended, effective from the date of entry into force of this Act.
10. Permanent ban the performance of audit activities according to § 7 (2). 1 (a). and)
and according to § 7 (2). 2 (a). and) Act No. 93/2009 Coll., as amended effective
before the date of entry into force of this law, shall be considered a permanent ban
performance audit activities under section 7a of the paragraph. 1 of Act No. 93/2009 Coll., in
the texts of the effective date of the entry into force of this law.
11. Permanent ban the performance of audit activities according to § 7 (2). 1 (a). (b))
and (d)) and pursuant to section 7 (2). 2 (a). (b)), and (d)) of Act No. 93/2009 Coll., as amended by
effective prior to the date of entry into force of this law, shall be considered as a ban
performance audit activities according to § 7 (2). 1 (a). (d)), section 7 (2). 2
(a). (b)) and pursuant to section 7 (2). 3 (b). (b)), and (d)) of Act No. 93/2009 Coll., in
the texts of the effective date of the entry into force of this law.
12. A permanent ban on the performance audit activities according to § 7 (2). 1 (a). (c))
and according to § 7 (2). 2 (a). c) Act No. 93/2009 Coll., as amended effective
before the date of entry into force of this law, shall be considered as a ban on the performance of
audit activities according to § 7 (2). 3 (b). and (c))) and Act No. 93/2009
Coll., as amended, effective from the date of entry into force of this Act.
13. Permanent ban the performance of audit activities according to § 7 (2). 1 (a). (e))
and according to § 7 (2). 2 (a). e) Act No. 93/2009 Coll., as amended effective
before the date of entry into force of this Act, is deemed to be the demise of
permission for the performance of audit work pursuant to section 7b, paragraph. 1 of law No.
93/2009 Coll., as amended, effective from the date of entry into force of this Act.
14. The disciplinary measures of the temporary prohibition of the performance of audit activities by
Act No. 93/2009 Coll., as amended effective before the date of entry into force of
This Act is considered to be disciplinary measures, the prohibition of performance audit
activities in accordance with law No. 93/2009 Coll., as amended, effective from the date of acquisition
the effectiveness of this Act.
15. Public-interest entity that does not meet the requirements under section 44, paragraph.
1 of Act No. 93/2009 Coll., as amended, effective from the date of entry into force of
This law, is obliged to comply with the requirement referred to in section 44, paragraph. 1
Act No. 93/2009 Coll., as amended, effective from the date of entry into force of this
the act within 12 months after the date of entry into force of this Act.
16. The internal legislation and the statutes of the Chamber of Auditors of the Czech Republic issued by the
According to law No. 93/2009 Coll., as amended effective prior to the date
the effectiveness of this law which are not in accordance with law No. 93/2009
Coll., as amended, effective from the date of entry into force of this law, the Chamber is
Auditors of the Czech Republic shall bring into compliance within 12 months from the date of
the entry into force of this law.
17. The internal regulations and the Statute of the Council for public audit oversight
issued pursuant to Act No. 93/2009 Coll., as amended effective prior to the date
the effectiveness of this law which are not in accordance with law No. 93/2009
Coll., as amended, effective from the date of entry into force of this Act, the Council is
for public oversight of the audit required to bring it into compliance within 12 months
from the date of entry into force of this Act.
Article. VIII of Act No. 221/2015 Sb.
The transitional provisions of the
Statutory audit started and unfinished before the entry into force of this
the law shall be completed in accordance with Act No. 93/2009 Coll., as amended, effective from the date of
the entry into force of this law.
1) European Parliament and Council Directive 2006/43/EC of 17 May 1999. may
2006 on statutory audit of annual and consolidated accounts,
changing of Council Directives 78/660/EEC and 83/349/EEC and repealing Council directive
84/253/EEC, as amended by European Parliament and Council Directive 2008/30/EC.
Directive of the European Parliament and of the Council of 13/34/EC of 26 April 1999. June 2013
on the annual accounts, consolidated accounts and
related reports of certain types of companies, amending Directive
European Parliament and Council Directive 2006/43/EC and repealing Council directives
78/660/EEC and 83/349/EEC.
6) Act No 420/2004 Coll., on the review of the management of the territorial
authorities and voluntary municipalities, as amended
regulations.
for example, law No 7). 256/2004 Coll., on business on the capital market, in
as amended.
9) Act No. 111/1998 Coll., on universities and amending and supplementing
other laws (the law on universities), as amended
regulations.
for example, section 11), 105 and 106 of the criminal code.
13) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
amendment to certain acts, as amended.
15) Act No 227/2000 Coll., on electronic signature and amending certain
other laws (the law on electronic signature), as amended
regulations.
§ 44, paragraph 16). 1 of law No 6/1993 Coll. on Česká národní banka, as amended by
amended.
17) Article. 26 the European Parliament and Council Directive 2006/43/EC, as amended by
European Parliament and Council Directive 2008/30/EC.
for example, 20) Law No 18/2004 Coll., on the recognition of professional qualifications,
Act No. 111/1998 Coll., on universities.
21) Act No. 500/2004 Coll., the administrative code, as amended by law no 413/2005 Sb.
22) Law No. 101/2000 Coll., on protection of personal data and on amendments to certain
laws, as amended.
23) Act No. 418/2011 Coll. on criminal liability of legal persons, and
the proceedings against them.