299/2016 Sb.
LAW
of 24 July 2003. August 2016,
amending Act No. 93/2009 Coll. on Auditors and amendment to certain
laws (the law on Auditors), as amended, and other
related laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on Auditors
Article. (I)
Act No. 93/2009 Coll. on Auditors and on amendments to certain acts (the Act on
Auditors), as amended by Act No 227/2009 Coll., Act No. 139/2011 Sb.
Act No. 188/2007 Coll., Act No 420/2007 Coll., Act No. 428/2007 Coll.
Act No. 52/2009 Coll., Act No. 167/2009 Coll., Act No. 334/2014 Sb.
Act No. 221/2015 Coll., Act No. 375/2015 Coll. and Act No. 377/2015
Coll., is amended as follows:
1. § 1, including title and footnotes # 1 and 24:
"§ 1
The subject of the edit
This law incorporates the relevant provisions of the European Union ^ 1), at the same time
builds on the directly applicable European Union regulation ^ 24) and modifies the performance
the audit work, the scope of the Chamber of Auditors of the Czech Republic (hereinafter referred to
"the Chamber"), the scope of the Council for public audit oversight board (hereinafter referred to as
"The Council"), as well as the rights and obligations of natural and legal persons with
United.
1) European Parliament and Council Directive 2006/43/EC of 17 May 1999. may
2006 on statutory audits of annual accounts 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 and
Directive of the European Parliament and of the Council/56/EU.
Directive of the European Parliament and of the Council/34/EU of 26 March. June 2013
on the annual accounts, consolidated accounts and
related reports of certain types of undertakings, amending Directive
European Parliament and Council Directive 2006/43/EC and repealing Council directives
78/660/EEC and 83/349/EEC.
24) European Parliament and Council Regulation (EU) No 537/2014 of 16.
April 2014 on the specific requirements for the statutory audit bodies
the public interest and for annulment of Commission decision 2005/909/EC ".
2. In article 2, subparagraph (a) at the end of the text), the words "or directly
applicable provision of the European Union ".
3. in paragraph 2 of the text at the end of subparagraph (b)), the words "; verification of the
annual reports or consolidated annual report does not include the verification of the
annual accounts or consolidated accounts and the auditor's reports on the
their verification ".
4. In paragraph 2 (a). (c)), the word "prescription ^ 7)" shall be replaced by "Decree, or
directly applicable provision of the European Union ".
Footnote 7 is repealed.
5. In paragraph 2 (a). l), the words "controlling" shall be replaced by
"the same controlling" and after the word "for" is inserted after the words "internal
the system ".
6. in paragraph 2 of the letter m) is added:
"m) the related person of the audit firm, the person who
1. with the audit firm has the same controlling person or
2. with the audit firm under substantial control of the same person
According to the Act on accounting, ".
7. In paragraph 2, points n) and o) are deleted.
Letters p) up with) are known as the letters n) to q).
8. In paragraph 2, at the end of the letter q) dot is replaced by a comma and the following
the letter r) shall be added:
"r) home Member State the Member State in which the statutory auditor
or auditor from another Member State has obtained professional qualifications to
the implementation of the statutory audit according to § 4 or similar
established in another Member State, or the State in which the audit
a company or a person from another Member State has obtained
Audit permission according to § 5 or similar
established in another Member State. '.
9. the heading above paragraph 4 is deleted.
10. Under the designation section 4 shall be inserted before the heading "Release the audit permissions
a natural person ".
11. in section 4, paragraph 4. 1 (b). a) after the word "program" ^ 9) "the words",
foreign university education, if such education in the United
Republic recognised as equivalent to higher education in the framework of the
accredited bachelor or master study programme on the
the basis of the international agreements to which the Czech Republic is bound, or
where such education was recognized under other legislation ^ 9) ".
12. in section 4, paragraph 4. 1 the letter g) is added:
"(g)) does not have recorded outstanding balance with the authorities the financial administration of the United States and
authorities of the customs administration of the Czech Republic, with the exception of arrears, which is
waiting for his payment, or enabled the layout of its payment on installments,
has recorded an outstanding balance in the insurance and finance charges on the public
health insurance and has not recorded an outstanding balance in the insurance and
finance charge memo on social security and a contribution to State policy
employment, with the exception of arrears, which has allowed the repayment of
in instalments and is not in default in the repayment of instalments ".
13. in section 4, paragraph 4. 3 (b). a) after the word "diploma", the words ",
certificate of recognition of the higher education in the Czech Republic ".
14. in section 4, paragraph 4. 3 (b). (b)), the words "for example" be deleted, the comma after
the word "Treaty" shall be replaced by the word "or" and the words "or statement of
the register of Auditors (hereinafter referred to as "the register") ' shall be deleted.
15. in section 4, paragraph 4. 6 the last sentence, after the word "register" the words
"Auditors (hereinafter referred to as" the register ")".
16. Under the designation of § 5 shall be inserted before the heading "Release the audit permissions
trading company ".
17. in § 5 para. 1 introductory part of the provisions, the words "or audit
a person from another Member State ' shall be deleted.
18. in § 5 para. 1 the letter g) is added:
"(g)) does not have recorded outstanding balance with the authorities the financial administration of the United States and
authorities of the customs administration of the Czech Republic, with the exception of arrears, which is
waiting for his payment, or enabled the layout of its payment on installments,
has recorded an outstanding balance in the insurance and finance charges on the public
health insurance and has not recorded an outstanding balance in the insurance and
finance charge memo on social security and a contribution to State policy
employment, with the exception of arrears, which has allowed the repayment of
in instalments and is not in default in the repayment of instalments; This does not apply,
in the case of a person who, before the filing of the request for the release of the audit
permissions do not carry out their activity on the territory of the United States, ".
19. in § 5 para. 9, after the word "conditions", the words "for the issue of
Audit permissions referred to in paragraph 1 and the conditions ".
20. in § 5 para. 10, the words "from another Member State and the audit
person ' shall be deleted, the word "which" shall be replaced by the word "to" and the word
"consider" shall be replaced by the word "considered".
21. in section 6 (1). 5 (b). (b)), the words "and in the Presidium of the Council ' shall be deleted.
22. in section 6 (1). 5 at the end of the text of subparagraph (d)), the words "and directly
of the applicable legislation of the European Union relating to the specific requirements of the
on statutory audits of public-interest entities ".
23. in paragraph 7 (2). 1, letter a) is added:
"and he was a final decision), the prohibition of performance audit
activities in proceedings under section 26 or under Title XI, ".
24. In paragraph 7 (2). 2 letter a) is added:
"and it was a final decision), the prohibition of performance audit
activities in proceedings under section 26 or under Title XI, ".
25. Section 7a is including the title.
26. the heading of section 7 c shall be replaced by the heading "provisions common to
suspension or prohibition of the performance of audit work or termination of the
permission to perform audit work ".
27. in section 7 c of paragraph 1. 1, the words "or permanently disabled" shall be deleted and the words
"audit activities" shall be replaced by the words "audit work pursuant to section
7, at the same time ".
28. in section 7 c of paragraph 1. 2, after the word "documentation", the words ",
information and records referred to in article. 15 of the European Parliament and of the Council
Regulation (EU) No 537/2014 "and the words" and the obligation to comply with the prohibition in § 45 para.
4 "are deleted.
29. in section 7 c of paragraph 1. 3, the words "referred to in paragraph 1" shall be deleted.
30. In section 7 c after paragraph 3, insert a new paragraph 4 is added:
"(4), who were lost permission to exercise the audit work, the time limit
provided for in paragraph 3 does not run after the time that is the controller of the quality
in the framework of the system of quality assurance in accordance with § 24 para. 2. ".
Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.
31. in section 7 c of paragraph 1. 5, the word "the" is replaced by "it", and the words
"asking for the release of the audit" shall be replaced by the words "to be released
the audit ".
32. In section 7 c of paragraph 1. 6 the first sentence after the word "pause" the words
"the performance of audit activity".
33. section 8 including the title reads as follows:
"section 8
An audit test
(1) an audit examination consists of components parts. The audit test is
composed, if successfully carried out all of its constituent parts.
The audit test is held in the Czech language and is written.
(2) the content of the auditor's tests of components parts must correspond to the purpose
Auditor, which is to determine the level of knowledge of the applicant
needed to implement the audit work.
(3) the audit test are revised knowledge in the following areas:
and accounting theory and) General principles
(b)) legal regulations and standards relating to the preparation of financial statements
and consolidated accounts,
(c)), the international accounting standards, international accounting standards
reporting standards and related interpretations, amendments to those standards and
related interpretations issued or adopted by the international
accounting standards,
(d)) financial analysis,
(e)), management accounting,
f) risk management and internal control,
g) auditing and professional knowledge,
h) legislation and professional standards relating to statutory
Audit and statutory auditors,
I) international auditing standards issued by the international
auditing and assurance standards and auditing standards issued by the Chamber of
and
j) professional ethics and independence.
(4) the audit test is also focused in the range of significant for
the implementation of the audit work on knowledge in the following areas:
and business administration and management) of corporations,
b) information and communication systems,
c) business economics and General and financial economics,
d) mathematics and statistics and
(e)) the basic principles of financial management.
(5) the audit test is also focused in the range of significant for
the implementation of the audit work to the knowledge of the legal system of the Czech Republic
in these areas of law:
and) civil and commercial law,
(b)) financial law,
(c)) the insolvency law and
(d)) the working law and law of social security.
(6) the Chamber shall in each calendar half-year, for at least one term
for each component part of the auditor. An audit test
shall be lodged not later than 5 years from the date of the first subsection
audit tests. If any of the component parts of the audit tests
was successfully carried out more than 5 years from the date of the successful execution of the
the last subsection of audit tests to its execution is
not taken into account.
(7) if the applicant successfully performed in the form of State final exam
tests at a university or comparable professional qualification exam
in the Member State in one or more areas or subjects referred to in
paragraphs 3 to 5, the scope and content of this test in a crucial part of the
coincides with the areas or fields of audit tests referred to in paragraphs 3 to 5
and the test has been successfully carried out not more than 5 years before the date on which the applicant
asked about the execution of the audit tests, the candidate from the Sub
the auditor's examination that such test concerns, liberated, if
so requests. On the conformity of the scope and content of the test is decided by the Chamber. Against the
the Chamber's decision may be appealed to the Council.
(8) the Chamber retains personal information referred to in the application on the audit
the test and its partial parts until the termination of the proceedings on the grant of
Audit permission. ".
34. in paragraph 8, the following new section 8a to 8 c, including the following titles:
"§ 8a
Differential test
(1) the Differential test, according to the law on the recognition of professional
^ 13) validates the qualification level of adequate knowledge of the legal system of the Czech
States, to the extent that they relate to statutory audits.
(2) the differential test consists of components parts. Differential test is
composed, if successfully carried out all of the component parts of the diff
of the test. Differential test takes place in the Czech language and is written.
(3) in determining the content of individual parts of the differential test
The Chamber shall take into account the Council recommendation issued in accordance with § 38 paragraph 1(a). 2 (a). I).
(4) of the differential test § 8 para. 6 to 8 shall apply mutatis mutandis.
§ 8b
Trial order
(1) the trial Chamber shall issue an order, which is an internal regulation of the Chamber.
(2) the test procedure shall lay down the
and when assessing) the qualifications referred to in paragraph 4,
(b)) the contents of individual components of audit tests and components parts
differential tests,
(c)) the number of audit tests of components parts and components parts of the diff
the tests,
(d) the amount of the application fee) to the sub-sections of audit tests and
the maturity of the fee; the amount of the application fee to the auditor
the test shall not be higher than 7 000 CZK
(e)) the amount of the application fee to the differential test and the maturity of the fee;
fee associated with performing a differential test shall not be higher than the
the amount provided for by the law on the recognition of professional qualifications,
(f)) to the non-participation on the part of audit tests or a subset
part of the differential test,
(g)) the way in which the applicant is notified of the outcome of the audit
the test or component parts differential tests,
(h) the number of members of the Board of the trial) the Commission and the procedure for the review of the
evaluation of the outcome of the audit tests or the results of the partial
part of the differential test sub test by the Commission,
I) administer the audit test method and differential
the test and the method of documenting the venue, progress and assessment of individual
tests and reviews.
§ 8 c
The examination Board
(1) the examination Board is composed of Certified Auditors and other
experts from theory and practice in the fields, and the subjects referred to in section 8. The members of the
the examination Board appointed and recalled by the Council.
(2) the assessment of the outcome of the tests or the results of the audit
a subsection of the differential tests carried out at least three partial test
of the Commission. The Chairman and members of the trial Chamber shall be appointed by the Commission to a subset of the members of
a test of the Commission. The number of the members of the Sub Committee must always be odd.
(3) the examination Board shall decide on the Partial evaluation of the result of
auditor or a subsection of the differential test candidate statement
"pass" or "fail".
(4) the Applicant may in writing request the Chamber of review rating
the result of the audit or examination of the differential
tests, within 15 days from the date on which the assessment was the result of a partial
part of the audit testing or a subsection of the differential test shall be so informed.
(5) the review of the evaluation of the outcome of the audit or examination
a subsection of the differential tests carried out at least three appeals
the evaluation committee composed of members of the examination Commission, who nerozhodovali about
evaluation of the outcome of the audit tests or subsection
differential test. President and members of the Board of Examiners shall be appointed by
Chamber of Commerce.
(6) the Appeal Board shall decide on the request for the review of reviews
the result of the audit or examination of the differential
tests within 30 days from the date of its delivery, so that the evaluation
the result of the audit or examination of the differential
test changes, or cancel and order the repeat audit
tests or a subsection of the differential test, if it finds that, in this
Sub part of the auditor or the differential tests were
violated legislation or other serious deficiencies were detected,
that could have an impact on the proper conduct or the result of
auditor or a subsection of the differential test; in the opposite
the case reviews the outcome of audit tests or a subset
part of the differential test will confirm. Against the decision on the application for
the result of the evaluation of audit tests or
a subsection of the differential test cannot be appealed.
(7) the repetition of the auditor or the minor part of the differential
the tests shall take place not later than 30 days from the date of the decision referred to in
paragraph 6, before the partial test Chamber of the members appointed by the Commission
a test of the Commission.
(8) the Administrative Procedure Act does not apply to decisions on the evaluation of the result of the partial
part of the audit testing or a subsection of the differential test sub
the evaluation by the Commission. ".
35. In section 10, paragraphs 1 to 3 shall be added:
' (1) at the request of the Chamber of Auditors also issues an auditor from the
another Member State, if it has been suspended or banned performance
the statutory audit in the home Member State and shall lodge a diff. exam.
The Chamber does not require the composition of differential tests after an auditor from another
Member State, if the level of his knowledge of the legal system of the Czech
the Republic relating to the statutory audit, comparable with the level of
required under section 8.
(2) the audit function, with the exception of statutory audit may on the territory of
The United States also is a natural person, who is entitled to
the implementation of the audit work in another Member State or of the Swiss
Confederation. The Chamber shall issue to that person an audit permissions, with the exception of
the implementation of the statutory audit.
(3) for the purposes of recognition of the qualifications referred to in paragraph 2 shall
It's a law on the recognition of professional qualifications ^ 13). Certification authority is
Chamber. ".
36. section 10a, including the title reads as follows:
"§ 10a
Approval of Auditors from third countries
On the basis of reciprocity is the audit function under this Act
authorised to carry out on the territory of the Czech Republic also an auditor from a third country,
provided that it complies with requirements equivalent to those set out in paragraph 4 of the
paragraph. 1 (b). a) to (e)), and (g)) and lodge the differential test. This person
The Chamber will issue audit permission. ".
37. the following section 10a is inserted after section 10b, which including the title reads as follows:
"§ 10b
The audit entity from another Member State and to the free provision of services
(1) at the request of the Chamber of Auditors also issues an audit entity
another Member State, if it has been suspended or banned performance
the statutory audit in the home Member State, and if the key audit
the designated person auditing partner from another Member State to perform
the statutory audit on behalf of the statutory auditor.
(2) For the purpose of assessing the requirements referred to in paragraph 1 shall request from the Chamber's
the competent authority of the home Member State, confirmation of permission
audit of a person from another Member State to carry out statutory audits
in the home Member State.
(3) the Chamber shall promptly inform the Council and the competent authority of the home
the Member State on the issue of audit permission under paragraph 1.
(4) the audit entity from another Member State, which has been released
Auditors shall be regarded as a firm in accordance with
of this Act; § 7 para. 2 (a). (b)) and § 24 to 24i shall not apply.
(5) the audit entity from another Member State, which has been released
Audit permission, engage in the audit function, if
and she died in the audit permission) pursuant to § 7 c, or
(b)) no longer meets any of the conditions laid down in paragraph 1, or
If it was cancelled permission to carry out statutory audits in
the home Member State.
(6) the Chamber shall inform the Council without delay, the competent authority of the home
the Member State and the competent authorities of another Member State in which the
the audit entity from another Member State, which was released in the audit
permission, authorized to carry out statutory audits of the demise of the audit
the permission referred to in paragraph 5 (b). and).
(7) the temporary or occasional basis, and always with the exception of the statutory audit
may on the territory of the Czech Republic to carry out audit work also, other
than a natural person, who is authorized to perform audit work in
another Member State or the Swiss Confederation shall notify the
the start of the implementation of the temporary or occasional audit activities
in writing of the intention to exercise the Chamber this activity on the territory of the Czech Republic; §
10, paragraph 1. 5 shall apply accordingly. ".
38. In section 11 (1) 1 letter c) is added:
"(c)) persons that perform audit work in the Czech Republic
temporary or occasional basis under section 10, paragraph 1. 4 or § 10b paragraph. 7, ".
39. In paragraph 11 of the text at the end of paragraph 2, the words "and title XI".
40. In paragraph 12 (b)) the following new point (c)), which read as follows:
"(c)) the identifier of the data boxes under the law governing
electronic acts, ".
Former points (c) to (f))) shall become points (d) to (g))).
41. In paragraph 12 (d)) the following point (e)), which read as follows:
"e) information on the performance audit permission to audit activities with the
the exception of the implementation of the statutory audit under section 10, paragraph 1. 2, ".
Subparagraph e) to (g)) are known as the letters f) to (h)).
42. In paragraph 12 (a). h) after the word "measures", the words "sanctions
imposed under Title XI ", after the word" because "is added after the word" their "and
at the end of the text of the letter shall be added the words ", subject to this Act
otherwise ".
43. In section 12a paragraph (d)):
"d) identifier for the data box under the law governing
electronic acts, or contact detail and name of contact person, ".
44. In Article 12a shall be inserted after point d) point (e)), which read as follows:
"e) address space, provided that it is established".
Subparagraph (e)) to) shall become letters (f)) to (l)).
45. In section 12a (e). l) after the word "measures", the words "sanctions
imposed under Title XI ", after the word" because "is added after the word" their "and
at the end of the text of the letter shall be added the words ", subject to this Act
otherwise ".
46. under section 13 shall be added to § 13a, which including the title reads as follows:
"§ 13a
The professional skepticism of the auditor
The statutory auditor when performing the statutory audit takes the position that
includes critical thinking, attentiveness and sensitivity to the circumstances which would
may indicate possible misstatement due to error or fraudulent
negotiation and critical assessment of audit evidence, regardless of the
its earlier experience with the honesty and integrity management accounting
Unit, which carries out the statutory audit, and the persons responsible for its
management; the statutory auditor takes this position especially when reviewing
management estimates the business units with regard to the
and fair value),
(b) the changes in value of assets) of the entity
(c)) the creation, changes, pricing and use of provisions of the accounting unit and
(d) significant future cash flows) for the assumption of continuous duration
the accounting unit. ".
47. section 14 including the title reads as follows:
"section 14
The independence of the
(1) the Auditor must be independent of the entity that performs the
the audit function. If the entity's statutory auditor
the audit shall be independent at least for a period corresponding to the accounting period,
for which the annual accounts or consolidated accounts are drawn up,
and further to the release of the audit report.
(2) it shall be deemed that the auditor cannot be regarded as independent of the accounting
the unit, if
and any financial or), there is a business relationship, or other contractual
relationship, including the provision of non-audit services, between him or persons
forming a network with him and the company,
(b)) should be used when carrying out statutory audits for the entity to
check your own services, or
(c)) should be used when carrying out a statutory audit in the entity existed
your own interest in the outcome of the statutory audit.
(3) the auditor's report can be considered as an independent in the event that the facts
referred to in paragraph 2 do not raise a conflict of interest or do not threaten
compliance with the requirements laid down in this law or directly applicable
the EU regulation governing a specific mandatory requirements
audits of public-interest entities.
(4) the Auditor shall not carry out the statutory audit of the entity, if
and) has influence over the management of the entity,
(b)) gets or has the promise of obtained from the audited units
any other benefit except its fees for services provided to the accounting
Unit, or
(c) the holding of investment instruments issued by), secured or – are suitable accounting
the unit, with the exception of collective investment securities
owned indirectly through investment funds, mutual
the funds managed by the pension funds or companies, or has
an important and direct share in the benefits of these investment instruments or
participate in transactions with them.
(5) the Auditor for business units also carry out a statutory audit if
the conditions referred to in paragraph 4 (b). c) meets
and) the statutory auditor carrying out the statutory audit on behalf of the
(b)), its key audit partner
c) employee, agent, Auditor, or one whose service auditor
used, and who is directly involved in the activities related to
statutory audit of this business unit,
d) spouse or partner under the law governing registered
the partnership, a dependent child under the law governing the provision of
State social support or a relative in the ascending line and sibling, who
they live in a common household for at least one year, the statutory
the auditor carrying out the audit function on their own behalf and on
own account or a person referred to in points (a) to (c)))
e) body controlled by the Auditor, the person controlling the Auditor, which directly
participate in the activities related to the statutory audit of the financial
units,
(f)) a legal person, which is controlled by the persons referred to in (a))
to (d)),
g) Trust Fund, other legal arrangement without legal personality or
another similar relationship under foreign law, that was created in
favour of the auditor or person referred to in points (a) to (d))), or
h) person whose economic interests are to a significant degree the same as
the economic interests of the auditor or the persons referred to in point (a)), (b)) or
(d)).
(6) paragraphs 1 to 4 shall apply mutatis mutandis also to the person who could
affect the outcome of the statutory audit.
(7) in the event that in the accounting period for which the financial statements, or
the consolidated accounts are drawn up, there is the transformation of the legal
person is carried out the statutory audit, the auditor in relation to persons
involved in the conversion will assess the ability to continue the implementation of the
the statutory audit of accounting units, even after the closing date of the conversion, and with it the
regard to the conditions of independence set out in paragraphs 2 to 5. If
the auditor finds the fulfillment of any of the conditions referred to in paragraph 2, 4
or 5, it shall adopt, without undue delay, but not later than within 3 months,
the necessary measures.
(8) paragraph 7 shall apply mutatis mutandis in the case of the conversion of other accounting
units or in the case of acquisition of a holding in a legal entity that is
statutory audit is carried out or if the legal person will take over the stake in
another legal entity. "
48. under section 14, the following new section 14a-14i, which including the following titles:
"§ 14a
The independence of the people in the implementation of the audit work
(1) if the statutory auditor, the audit function for audit
the company, the audit firm shall ensure that the implementation of this
audit activities themselves in a way that threatens the independence and
objectivity of the statutory auditor to perform this audit
activities,
and the audit firm) partners,
(b) the members of the organs of that) the audit firm,
(c)) the key audit partners,
(d)), leading employees or representatives of the audit firm,
(e) the staff of the audit firm) and other physical persons,
audit firm whose services it uses,
(f)) of the person constituting the network with this audit firm, or
(g)) of the related person.
(2) if the statutory auditor, the audit function for statutory
Auditor of the executing the audit function on their own behalf and on
own account, not to the statutory auditor's audit activity
carried out, to intervene in the implementation of the audit work in a way that
compromises the independence and objectivity of the statutory auditor in the implementation
This audit work; the provisions of paragraph 1 (b). d) to (f))
shall apply mutatis mutandis.
(3) interfere with the implementation of the audit work in a way that threatens the
the statutory auditor's independence and objectivity in the implementation of
the audit work, may not further body controlled by an auditor or a person
the controlling of the auditor.
(4) the Auditor, the statutory auditor carrying out the audit function
in its own name and on its own account and the persons mentioned in § 14 para. 5
shall not solicit or accept pecuniary or non-pecuniary gifts or other
benefits from the entity for which the auditor carries out the statutory audit, or
from its related parties, except to indicate the value of such
monetary or in-kind donations or other benefits for a minor.
A related party in this case, the related party by directly
of the applicable legislation of the European Union, adopting certain
the international accounting standards.
(5) the Auditor shall state in cases of threat to its auditor
independence and impartiality, as well as measures taken for their
mitigation.
section 14b
Preparation for the statutory audit and assessment of threats to the independence of the
(1) the Auditor shall consider before accepting the audit engagement, in particular, whether
and) meets the requirements of independence referred to in § 14 and 14a,
(b)), there are threats to independence, and whether in that case was
protective measures in order to mitigate these risks,
(c)) the requirements referred to in § 7 para. 4 so that the statutory
the audit made under this Act and directly applicable legislation
The European Union provides for specific requirements for the statutory audit of
public-interest entities,
(d)) is a requirement of § 5 para. 1 (b). and) or section 10b of the paragraph. 1 and
e) in the case the implementation of activities through another person does not
reduce the effectiveness of the internal quality control system and to limit the performance of
public oversight under this Act and directly applicable legislation
The European Union provides for specific requirements for the statutory audit of
public-interest entities.
(2) the facts referred to in paragraph 1, the auditor shall document, and if it receives a
audit engagement, will establish a documentation as part of the file of the auditor.
§ 14 c
Management and control system of the auditor
(1) an audit Corporation shall establish a management and control system, which
includes
and good governance and assumptions) the management of the company, and it always
1. the principles and procedures
2. organisational arrangements with sound, transparent and comprehensive definition of
responsibilities and decision-making powers,
3. the procedures for the prevention of potential conflicts of interest or compromise
independence and impartiality of the Auditor,
4. sound administrative procedures and accounting procedures in accordance with other
the legislation,
5. the system of remuneration of statutory auditors, employees, or representatives,
persons whose services the auditor uses, associates and members of the management and
supervisory bodies, including the procedures for adopting decisions on the
remuneration and the method of assessing performance so that the remuneration system
to contribute to the proper and effective risk management and was with him in line;
in particular, it must not be the amount of the rewards that the audit firm for
the provision of non-audit services business unit, which performs
the audit function, part of the performance evaluation and remuneration
any person who is involved in the implementation of the audit work,
(b)) risk management system, which always includes the
1. the procedures for recognizing, evaluating, measuring, and monitoring the risks
2. the requirement for risk management,
3. the procedures for the adoption of measures to reduce risks or their
impacts,
(c)) the internal control system, which always includes the regular inspection of
compliance with legislation and the obligations resulting from the code of ethics,
auditing standards under section 18, a directly applicable regulation
the Union relating to the specific requirements for the statutory audit bodies
public interest and internal regulations or audit methodologies
the company.
(2) the statutory auditor carrying out the audit function on their own behalf
and for its own account shall establish a management and control system, which includes
the requirements referred to in paragraph 1 (b). a) points 1 and 3 to 5 and paragraph 1 (b).
(b)), and (c)).
(3) the statutory auditor carrying out the audit function on their own behalf
and on its own account does not need to introduce management and control system according to the
paragraph 2, if the audit work is carried out only in micro accounting
units or small business units in accordance with the Act on accounting or
If the audit function, with the exception of the statutory audit; in such a
the event will introduce at least how to avoid potential conflicts of interest
or a threat to the independence and impartiality of the auditor and the regular
check for compliance with legal obligations and obligations resulting from the
the code of ethics, auditing standards under section 18 and internal regulations
or methodologies.
(4) the management and control system must be effective, coherent and reasonable
the nature, scale and complexity of the risks associated with audit activities
the auditor of the company or of the statutory auditor of the executing
audit activity on your own behalf and on their own account and must cover the
all of their activities.
(5) the auditor and statutory auditor carrying out the audit
activities in its own name and for its own account shall ensure that the requirements of
established on the management and control system and its components, and how to
their performance, as well as requirements under section 14 d to 14f, are reflected
the internal rules or methodologies. The audit firm and statutory
the auditor carrying out the audit function in its own name and on its own
the account shall establish a procedure for the adoption, amendment and implementation of its internal
rules or methodologies.
§ 14 d
Security and the arrangement of the performance of the activities of the auditor
(1) the auditor and statutory auditor carrying out the audit
activities in its own name and for its own account shall establish
and, through which) the procedures shall ensure that statutory auditors and
employees who are involved in activities relating to the compulsory
the audit, had the appropriate expertise and skills for
the implementation of the statutory audit
(b)) the procedures to ensure the recognition, evaluation, measurement,
monitoring and reporting the threats to independence or violation of the requirements of the
referred to in section 14 g-14i,
(c) the procedures that ensure) mentoring of statutory auditors,
employees and other individuals who are involved in the activities of the
related to the statutory audit, and oversight of,
d) internal quality management system, which aims at ensuring the quality of
the implementation of the audit activity; responsibility for the internal control system
quality bear the statutory auditors, auditors from another Member State,
audit firms or audit of a person from another Member State,
who are the members of the management authority referred to in § 5 para. 1 (b). (c)), and
severally liable,
e) procedures review of the internal quality control system,
(f) procedures for the proper management of) the writings of the Auditor, including the establishment of their
structure, and
g) appropriate organisational measures for recording and processing of events
which have or could have a serious impact on the reputation of the auditor.
(2) the auditor and statutory auditor carrying out the audit
activities in its own name and on its own account, use the appropriate systems,
resources and procedures with a view to ensuring the continuity and regularity of the implementation of the
activities related to the statutory audit.
(3) the auditor and statutory auditor carrying out the audit
activities in its own name and on its own behalf shall regularly verify and evaluate the
the effectiveness of the internal quality control system and other measures referred to
in paragraphs 1 and 2 and directly applicable European Union legislation
specific requirements relating to the statutory audit of public
interest. The statutory auditor, the audit firm and the executing
the audit function in its own name and for its own account shall, at least
Once a year, the evaluation of internal quality control system.
§ 4E
The recognition and avoidance of conflicts of interest
(1) an audit firm should establish procedures or other measures to
shall ensure that the persons referred to in § 14a para. 1 and 3, not to
the implementation of the audit work in a way that could compromise the
the statutory auditor's independence and objectivity in the implementation of this
the audit work.
(2) the statutory auditor carrying out the audit function on their own behalf
and for its own account shall establish procedures or other measures to ensure
the persons referred to in § 14a para. 2 and 3 in the renditions in the implementation
audit work in a way that could compromise the independence and
objectivity of the statutory auditor to perform this audit
activity.
(3) the auditor and statutory auditor carrying out the audit
activities in its own name and for its own account shall ensure that in the case of
the implementation of activities through another person not to reduce
the quality of the implementation of the audit work, and there has been no performance constraints
public oversight under this Act and directly applicable legislation
The European Union provides for specific requirements for the statutory audit of
public-interest entities. This procedure is without prejudice to the liability of the
Auditor for the execution of the audit work.
(4) the procedures or other measures introduced by the audit firm and the
the statutory auditor carrying out the audit function on their own behalf
and on its own account must be reasonable and proportional to the scale and complexity of
the activities of the audit firm or of the statutory auditor
executing audit work in its own name and on its own account.
section 14f
Information and communication
(1) the auditor and statutory auditor carrying out the audit
activities in its own name and for its own account shall keep records of the findings
reviews under section 14 d of paragraph 1. 3 and about any proposed measure
to change the internal quality control system.
(2) the statutory auditor carrying out the audit function on their own behalf
and on their own account and audit firm shall establish procedures for their
employee or representative for internal reporting of violation or suspected
violation of this law or directly applicable European Union legislation
relating to the specific requirements for statutory audits of public-
interest through a special, independent and autonomous
communication channel.
§ 14 g
Selected aspects of the implementation of the statutory audit
(1) an audit Corporation shall designate at least one key audit
partner as the person responsible for carrying out the statutory audit on behalf of the
the audit firm, in each business unit or group
who carries out the statutory audit.
(2) the main criterion in determining the key audit partner is
quality assurance for the statutory audit, the independence requirements, and
the impartiality of the auditor's report and the implementation of the statutory audit with professional
competence and due care.
(3) the key audit partner must be actively involved in the implementation of the
the statutory audit.
(4) the audit firm, the key audit partner designated
referred to in paragraph 1 and the statutory auditor carrying out the audit function
on its own behalf and on their own account to perform statutory audits shall ensure
and create a sufficient time frame),
(b) the earmarking of appropriate resources and)
(c) the establishment of an appropriate audit team) with regard to the compliance with the requirement
carrying out the statutory audit with professional competence and due care and
the requirement for the auditor's independence and objectivity.
§ 14 h
Records, registration and storage of documents
(1) the auditor and statutory auditor carrying out the audit
activities in its own name and for its own account shall be drawn up at least once a year
an overview of the measures taken to remedy and to change the
internal quality control system and with the contents of this overview introduces the
their employees. An overview of the measures taken to remedy and
to change the internal quality control system contains a summary of all
measures related to the violation of this law and directly applicable
Regulation of the European Union relating to the specific requirements for the statutory
audits of public-interest entities in connection with the performance of the audit
activities that have been found in the framework of the activities of the audit firm
or statutory auditor of the executing the audit function its own
name and on its own account, or which have been the subject of disciplinary proceedings or
management of the administrative offense.
(2) the auditor and statutory auditor carrying out the audit
activity on your own behalf and on their own account enter the document, range, and
way to provide consulting services for another person in the implementation of
the audit work.
(3) the auditor and statutory auditor carrying out the audit
activities in its own name and for its own account shall keep records of the accounting
the unit, which carries out the statutory audit; These records include the
and) trade name or name, address of the registered office or the address space
domicile, if different from the address of the registered office, if the entity is doing business
a natural person, or the business name or the name and address of the registered office, if the
an entity is a legal person, branch or other organizational
component of the legal person, or of the designation, in the case of a business unit without
legal personality,
(b)) in the case of an audit firm name or the names of key
audit partners,
(c) the remuneration charged) details of the audit firm or charged
or registered statutory auditor carrying out the audit
activities in its own name and on its own account, for each accounting period
in terms of fees charged, or registered for
1. the statutory audit,
2. other audit work and
3. non-audit services.
(4) the auditor and statutory auditor carrying out the audit
activities in its own name and on its own account, keep records of any
complaints made in relation to the statutory audits carried out and about
infractions of this law and directly applicable European Union legislation
relating to the specific requirements for statutory audits of public-
the interest referred to in paragraph 1.
(5) the auditor and statutory auditor carrying out the audit
activities in its own name and for its own account shall keep records of the completed
in accordance with paragraphs 1 to 4 and article. 6 and 8 of the regulation of the European Parliament
and Council Regulation (EU) No 537/2014 for at least 10 years from the first day
the calendar year following the calendar year in which they were
extracted.
§ 14i
Statutory auditor's relationship to audited business unit
(1) a statutory auditor should not accept in the business unit the position of the person
employed in the business unit, which gives her work status
a significant effect or is it responsible for the implementation of the strategies proposed by the
the management or supervisory body and the concept of the approved design or
the supervisory body of the accounting unit or for the performance of other functions, which
the entity identified on the basis of the evaluation as a key for the
the activities of the entity, or a member of the audit committee or a member of the
managerial or supervisory authority (hereinafter referred to as "key person"),
before the expiry of one year after making the statutory audit of the financial
Unit, or was involved in activities related to the compulsory
audit.
(2) paragraph 1 shall apply mutatis mutandis to a natural person engaged in
statutory audit or participated in activities related to the compulsory
the audit, which ceases to perform audit work permissions.
(3) a natural person who participated in the activities related to the mandatory
the audit, released the audit performance audit permissions
activities must not be in the business unit to accept the position of the person in the key
the function, if it has been less than from their activities in the statutory audit at least 1
year. ".
49. the heading of section 3 shall be replaced by the heading "duty of the auditor to maintain
Confidentiality ".
50. in article 15, paragraph 2. 1 the second sentence, the words "the members of the Presidium of the Council members
bodies of the Chamber, the Chamber and the Council staff, quality controllers, and then click
persons who, on the basis of a mandate by the Chamber or by the Council, have or have had to
such information access, ' shall be deleted, the word "employee"
the words "or representative" and at the end of text in a paragraph, the following
the words "and other physical persons whose services the auditor uses in
connection with the performance of audit activity ".
51. In article 15, paragraph 2 shall be deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
52. In article 15, paragraph 2. 3 (b). and the Council) the words "for the purposes of the exercise of its
scope according to § 37 para. 2.0 ' shall be deleted.
53. In article 15, paragraph 2. 3 (b). (b)), the number "3" is replaced by "2".
54. In article 15, paragraph 2. 3 the letter b) the following point (c)), which read as follows:
"(c)) the provision of information to another auditor for the purposes of the review of the management of the
the quality of the contract and monitoring policies and procedures of the internal control system
quality, ".
Subparagraph (c)) to (h)) shall be renumbered as subparagraph (d)) to (i)).
55. In article 15, paragraph 2. 3 at the end of paragraph (i) is replaced by a comma and dot)
the following letters s) to l) are added:
"(j) the provision of the information referred to in article). 7 or 12 of the regulation of the European
Parliament and of the Council (EU) No 537/2014
to the provision of the information referred to in article). 12 paragraph 2, second subparagraph
European Parliament and Council Regulation (EU) No 537/2014 the European Council
systemic risk Board or a Committee of European auditing oversight bodies,
l) provide information to another auditor for the purposes of the common
the implementation of the statutory audit under section 20 c ".
56. In article 15, the following paragraph 4 is added:
"(4) confidentiality obligations, the auditor could not rely on the
the context of the application of the rights and duties of the Chamber or of the Council in
the context of the control activities and supervisory activities or
application of directly applicable European Union legislation governing
specific requirements for statutory audits of public-interest entities. ".
57. in article 15, the following new section 15a and 15b, which including the following titles:
"§ 15a
Waived the confidentiality obligations of the auditor
(1) confidentiality obligations may exempt the auditor
the accounting unit) or, in the case of dissolution of a legal entity
the successor of the business unit by saying; If an entity has multiple
successors to the auditor's obligation of secrecy is waived
needed a favourable speech business units all successors in title, or
(b)), if it is necessary to protect its rights or the law
protected interests as auditor.
(2) the duty of confidentiality is not bound by the auditor to the extent
necessary for the proceedings before the Court or other authority, if the subject
the dispute between him and the management accounting unit that performs or performed the
the audit function, or its successor; the obligations
professional secrecy is not bound by the auditor in the other proceedings, in
to the extent necessary to protect its rights or legally protected interests
as auditor.
(3) the duty of confidentiality is not an employee or representative of the
Auditor, partner and member of the body of the audit firm, natural
a person whose services the auditor uses in connection with the performance of
the audit work, bound to the extent necessary for the proceedings before the Court
or other authority, if the subject of the dispute between the auditor and management accounting
Unit in which the auditor performed or carry out the audit
activity, or its legal successor, and to the extent that the
Auditor professional secrecy obligation referred to in paragraph 1.
(4) The employee or representative of the Auditor, partner and member of the authority
the audit firm, the natural person whose services the auditor uses
in connection with the performance of audit work, paragraph 2 and article 15, paragraph 2.
2 and 3 shall apply mutatis mutandis.
section 15b
The obligation to maintain confidentiality of others
(1) The authority of the Council, an organ Chamber, an employee of the Chamber,
the employee Council and the person responsible for the performance of the activities of the Chamber and the Council are
be required, if this or another law provides otherwise, to maintain
the confidentiality of all facts that are not publicly known, that
learn in connection with the performance of his duties or employment, or which
relate to the activities of the Chamber or of the Council, even after the demise of such functions
or termination of employment or another contract; This
obligation also applies to a person who on the basis of the credentials of the Chamber
or by the Council has or should have access to such information.
(2) a person referred to in paragraph 1 or in article. 22 and 34 of regulation of the European
Parliament and of the Council (EU) No 537/2014 may in particularly justified
cases from the obligation to maintain confidentiality of the facts,
that is not publicly known,
a) Chamber, in the case of
1. a member of the Chamber,
2. the staff of the Chamber of Commerce, or
3. the person responsible for the Chamber, or
(b) the President of the Council), in the case of
1. a member of the Council,
2. an employee of the Council or
3. the person designated by the Council.
(3) for the breach of the obligation of professional secrecy shall not be considered
the provision of information by the persons referred to in paragraph 1 and in article. 22 and 34
European Parliament and Council Regulation (EU) No 537/2014 of the facts,
that are not publicly available, the Council, the Chamber, the competent authorities of the Member
States or third countries or the Committee of European supervisory authorities over the
the audit for the purposes of performance of the Council under this Act and directly
of the applicable legislation of the European Union relating to the specific requirements of the
on statutory audits of public-interest entities, quality control or
cooperation with the competent authorities of the Member States or third countries referred to in
This law and directly applicable European Union legislation governing
specific requirements for statutory audits of public-interest entities. ".
58. section 16, including the title reads as follows:
"section 16 of the
The reward for the statutory audit of
The auditor shall not request or accept an entity's reward for
carrying out the statutory audit, which is
and affected by the provision of other services) this business unit auditor
or established on the basis thereof,
(b)), calculated according to the rules specified in advance depending on the
the outcome of the statutory audit, or
(c)) influenced by another fact that threatens the independence and
the impartiality of the auditor or the quality of the statutory audit. ".
59. In § 17 paragraph 2. 1, the second sentence shall be deleted.
60. In § 17 paragraph 2 reads as follows:
"(2) If an entity referred to in paragraph 1 shall be determined by the highest authority
the statutory auditor or the audit firm of the executing
the audit function in its own name and on its own account control
authority, if they are not members of the supervisory body of the members of the governing body. ".
61. In § 17 paragraph 2. 3 of the introductory part of the provisions, the words "paragraph 1"
shall be replaced by "paragraphs 1, 2 and 4".
62. In § 17 paragraph 2. 4, after the word "determines" the words "accounting unit".
63. In section 17, in paragraph 4, the following sentence "shall not apply if the
the entity natural person. ".
64. In § 17 paragraph 2. 5, the words "acting on behalf of the business unit" shall be replaced by
the words "shall be entitled to legally Act for the business unit".
65. In article 17, paragraphs 6 and 7 shall be deleted.
66. in paragraph 17, the following new section 17a and 17b, which including the following titles:
"§ 17a
The demise of the commitment from the Treaty on statutory audits
(1) the obligation of an entity may contract on statutory audits terminated
or from the contract on statutory audits to resign, only
and) if the statutory audit of the auditor is implemented in accordance with the laws,
regulations, auditing standards under section 18 or ethical code,
(b)) if there has been in the implementation of the audit work to the threat
independence and impartiality of the auditor and unable to access the measures with
the aim of these threats reduce the apparent minor level that would
not jeopardise compliance with the requirements laid down in this Act, or
(c)) does the statutory auditor in carrying out the statutory audit of
temporarily or permanently extraordinary unpredictable and insurmountable obstacle
arising independently of his will or does not comply with the obligations of the auditor
the Treaty on statutory audits related to the ongoing audit contract
in the event that an entity when the duration of the obstacle or
non-compliance with the obligations of the Treaty on the statutory audit of the auditor did not fulfil the
its legal obligation.
(2) an entity the obligation of the contract of compulsory audit denounced or from
the Treaty on the statutory audit of the resignation, the
and) refusal of the Czech National Bank under another act of the auditor designated by the
for carrying out the statutory audit, or
(b) if available) Czech National Bank under another act of the auditor change
carrying out the statutory audit.
(3) If an entity shall take place in accordance with paragraph 1 or 2, the Court cancels the
commitment on the contract on statutory audits on application by the Council or the person who in
the business unit is treated separately or together to share voting
rights representing at least 5% of all votes in the business unit that
is a body of public interest under the law governing accounting (
"the public-interest entity") for the reasons referred to in paragraph 1, or
If has been violated rules for the determination of the audit firm or
of the statutory auditor of the executing the audit function its own
name and on its own account for statutory audit under this Act, or
directly applicable European Union legislation governing specific
the requirements for statutory audits of public-interest entities.
(4) the divergence of opinions on accounting solution or audit procedures do not
the reason for the termination of the undertaking of the contract of compulsory audit or
withdrawal from the contract on statutory audit.
(5) termination of the contract of undertaking statutory audits or withdrawal from
the Treaty on the statutory audit of the entity, the audit firm
or the statutory auditor carrying out the audit function its own
in the name and for its own account shall notify the entity, the audit firm
or statutory auditor carrying out the audit function its own
name and on its own account without delay to the Council; a Contracting Party that a commitment
from the contract on statutory audits or from denounced compulsory
the audit shall be specified in the notice, withdrew the reasons for which the termination or
the withdrawal occurred.
section 17b
Forbidden agreements
To the contractual arrangements between the company and the third party, which is
the determination of the audit firm or the statutory auditor of the executing
audit activity on your own behalf and on their own account for the statutory audit of
restricted to certain categories or lists of statutory auditors or
audit firms shall be disregarded. ".
67. In § 19 para. 1 at the end of the text of the first sentence, the words "pursuant to section
20 or under art. 10 and 11 of European Parliament and Council Regulation (EU) No.
537/2014 ".
68. In section 19 para. 1, the second sentence shall be deleted.
69. In article 19, paragraph 1, the following new paragraphs 2 to 5 shall be added:
"(2) the Group Auditor for the purposes of the statutory audit of the consolidated financial
statements shall be documented in writing and shall assess the nature, time span and range
the activities carried out by the auditor and the group will review section and in writing
shall be documented by way of its implementation. Auditor groups means
Auditor, auditor from another Member State or a person from
another Member State, a third-country auditor or audit entity from
of a third country who are carrying out activities relating to the statutory audit
the consolidated financial statements.
(3) the Group Auditor maintains documentation referred to in paragraph 2 for a minimum
the period referred to in section 20a para. 2, to the extent that the competent authority
allow proper review of the activities of the group auditor.
(4) for the purposes referred to in paragraph 2, the group auditor shall obtain the consent
Auditor of the disclosure made by the relevant documentation on the
carried out activities.
(5) the group auditor is not able to review and document in writing
How to perform the activity performed by the auditor of the group in accordance with section
paragraph 2, shall take the appropriate measures to determine the manner in which it was
This activity is performed by the Auditor in the groups section, where appropriate, ensure that
the implementation of additional activities or it does itself. About this fact
inform the Council. ".
Paragraphs 2 to 4 shall be renumbered paragraphs 6 to 8.
70. in § 19 para. 6, the words "one or more auditors, auditors of the
another Member State or audit entities from another Member
State auditors from a third country or persons from a third country audit "
replaced by the words "an auditor under the group".
71. In § 19 para. 7 the initial part of the provisions of the number "2" is replaced by
the number "6".
72. In paragraph 19, the following paragraph 9 is added:
"(9) the Group Auditor is obliged at the request of the Chamber or the Council, make
the documentation referred to in paragraph 2 for the purposes of the quality assurance system according to the
section 24 or investigation under section 40b. ".
73. In section 20 (2). 1 (b). and) point 1 shall read:
' 1. the trade name or name, address of the registered office or the address space
domicile, if different from the address of the registered office, if the entity is doing business
a natural person, or the business name or the name and address of the registered office, if the
an entity is a legal person, branch or other organizational
component of the legal person, or of the designation, in the case of a business unit without
legal personality, and ".
74. In section 20 (2). 1 (b). f), the words ", if such verification"
shall be deleted.
75. In paragraph 20, paragraph 1, the following paragraph 2 is added:
"(2) if the auditor carries out the statutory audit of public-interest entity, indicate
the audit report provided for in paragraph 1, and article. 10 of regulation of the European
Parliament and of the Council (EU) No 537/2014. ".
Paragraphs 2 to 6 shall become paragraphs 3 to 7.
76. In section 20 (2). 3 the words "Validates the auditor of the financial statements or
consolidated financial statements "shall be replaced by the words" If the auditor
statutory audit ".
77. In section 20 (2). 4, after the word "auditor" is inserted after the word "its" and the word
"Entrepreneur" is deleted.
78. In section 20a of the end of the text of paragraph 1, the words "and further records
and documents pursuant to § 14a para. 5, § 14 para. 2, § 19 para. 2, section 20, section
paragraph 45. 2 and article. 6, 8, 10, 11 and 12 of the regulation of the European Parliament and of the
Council Regulation (EU) No 537/2014 ".
79. In article 20a, paragraph 2, the following paragraph 3 is added:
"(3) the audit file must be closed no later than 60 days from the date of
following the data copy of the auditor's report. ".
The former paragraph 3 shall become paragraph 4.
80. in section 20a para. 4 (b). e), the words "§ 37 para. 2 "shall be replaced by
"the performance of the Council under this Act and directly applicable
Regulation of the European Union relating to the specific requirements for the statutory
audits of public-interest entities ".
81. In section 20a para. 4, after the letter "e") the following points (f) and (g))),
are added:
"(f) the members of the Disciplinary Committee) for the purposes of section 39b para. 3 and 4,
(g) the members of the Audit Committee) for the purposes of quality control, ".
Subparagraph (f)) to (h)) are known as the letters h) to (j)).
82. In section 20b (a). (b)), the words "commercial establishment" shall be replaced by
"trading company".
83. in section 20b is inserted after section 20 c of that title, including:
"§ 20 c
The joint implementation of the statutory audit
If an entity designates more than one statutory auditor
executing audit work in its own name and for its own account
or more than one firm for the joint implementation
the statutory audit, be drawn up specifying the Auditors shared the audit report
containing the common opinion of the auditor; section 20 shall apply mutatis mutandis. When they consider
statutory auditors carrying out the audit function on their own behalf and
for its own account or the audit firm mutually different
opinion of the Auditor, the auditor's report shall specify each of them
your own opinion of the auditor and the reasons for the disagreement. ".
84. In § 21 para. 1 (b). (d)), the words "public oversight of the audit"
replaced by the words "the scope of the right under this Act and the applicable
Regulation of the European Union relating to the specific requirements for the statutory
audits of public-interest entities ".
85. In § 21 para. 3 (b). (c)), the words "unlimited" are replaced by
the word "continuous".
86. In § 21 para. 4, the words "it has 20% or more of the voting rights
or has a business interest in the amount of 20% or more of the capital or
When it comes to controlling or controlled person "shall be replaced by the words" is in the
close links ".
87. In paragraph 21, in paragraph 4, the following sentence "This close links is
close links under art. 4 (4). 1, point 38 of the European
Parliament and of the Council (EU) no 575/2013 from 26 March. June 2013
prudential requirements for credit institutions and investment firms and
amending Regulation (EC) No 648/2012. ".
88. In article 21, paragraph 7 shall be deleted.
The present paragraph 8 shall become paragraph 7.
89. In § 23 para. 2 of the introductory part of the provisions for the word "not"
the words "unless otherwise provided by this Act or a directly applicable regulation
The European Union governing the specific requirements for the statutory audit bodies
otherwise, the public interest ".
90. section 24 to 24 c, including the following titles:
"§ 24
The quality assurance system
(1) the quality control for the auditor to determine whether the auditor
the implementation of the audit work in accordance with the
and) this Act, auditing standards under section 18, code of ethics and
the internal rules of the Chamber and
(b)) a directly applicable EU regulation governing the specific
the requirements for statutory audits of public-interest entities.
(2) the system of quality assurance includes quality control of organized and
the controlled
and) the Supervisory Committee under section 39 c of paragraph 1. 4 (b). a) and
(b) the Supervisory Commission) pursuant to § 35 para. 1.
(3) the quality assurance system shall be subject to all Auditors, unless
This law provides otherwise.
(4) the quality assurance system must meet the following criteria:
and) is independent of the controlled Auditors,
(b)) is subject to public supervision in accordance with Title VI,
(c) carries out quality control), the quality controller; This is without prejudice to article. 26
paragraph. second subparagraph of regulation of the European Parliament and of the Council (EU) No.
537/2014,
(d) implementation of a quality control) is established on the basis of risk analysis, and
do u
1. the auditor performing the statutory audit at least one entity
the public interest, within the time limits laid down in article 4(1). 26 paragraph 2. 2 second
subparagraph of the regulation of the European Parliament and of the Council (EU) No 537/2014
2. the auditor who does not carry out a statutory audit or in one subject
the public interest, at least once every 6 years.
(5) the auditor performing the statutory audit at least one entity
the public interest for the purposes of the quality assurance system shall be deemed to
Auditor, which carried out the statutory audit of public interest in a subject
and) according to art. 26 paragraph 2. 2 (a). and) Regulation of the European Parliament and the Council
Regulation (EU) No 537/2014, for a period of 3 years from the beginning of the accounting period
that the statutory audit of public interest in a subject,
(b)) according to art. 26 paragraph 2. 2 (a). (b)) the European Parliament and of the Council
Regulation (EU) No 537/2014, for a period of 6 years from the beginning of the accounting period
that the statutory audit of public interest in a subject.
(6) once a year the Chamber handles partial report on the results of the checks
the quality of the carried out by the Chamber, which passes to the Council within a time limit not later than
3 months from the end of the calendar year.
(7) once a year, the Council issued a summary report on the system to ensure
the quality in which lists significant findings, in particular the recurring deficiencies
internal quality management systems with Auditors, resulting from the
the quality of the checks carried out. Summary report on the system to ensure
quality also contains information based on the subset of the messages processed
in accordance with paragraph 6. A comprehensive report on the quality assurance system shall be published
The Council on its website not later than 6 months from the
the end of the calendar year.
§ 24a
Organization of the system of quality assurance
(1) the Audit Committee shall organise and manage quality control in accordance with the
order to quality controls, quality controls, and plan requirements for
quality assurance according to art. 26 of the regulation the European Parliament and of the Council
Regulation (EU) No 537/2014.
(2) the Supervisory Commission organizes and controls quality control in accordance with the
supervisory regulations, plan checks quality and recommendations issued by the Council
According to § 38 paragraph 1(a). 2 (a). I).
(3) Order the quality controls in accordance with paragraph 1, the Council shall issue as its
internal regulation and lays down the procedures for the it organization and personnel
the security system of quality assurance.
(4) the supervisory order under paragraph 2 shall issue to the Chamber as its internal regulation
and lays down the procedures for the it organization and staffing
the quality assurance system.
section 24b
The quality control plan
(1) the Council shall submit to the Chamber in each calendar half-year draft plan on
perform quality control checks to be organized and managed by the Supervisory Commission. When
submission of the draft plan to the Council Chamber always indicate how
into account the criteria set out in section 24 para. 4 (b). (d)).
(2) the draft plan referred to in paragraph 1 shall indicate the name of the Chamber of Auditors, in
where is the quality control is planned, the name or names of controllers
responsible for performing quality control quality, the name of the proposed
the head of the inspection group and the start of quality control.
(3) the Council shall plan checks the quality of the Audit Committee and the supervisory
the Commission for the purposes of compliance with the criteria referred to in § 24 para. 4 (b). (d));
in the process it will take into account the draft plan submitted by the Chamber. Plan
quality control checks include the information referred to in paragraph 2.
(4) the intention to perform a quality check organised and controlled by the supervisory
the Commission, which is not included in the monitoring plan of the quality, the Chamber is required to
inform the Council giving reasons or risks for which should be such
quality control is performed.
§ 24 c
The quality controller
(1) the controller of quality can be only a natural person who
and higher education) has won at least in the context of an accredited
Bachelor degree ^ 9), foreign higher education,
If such education in the Czech Republic recognised as equivalent
higher education in the context of an accredited bachelor's or
Master's degree programme on the basis of international agreements,
the Czech Republic is bound, or where no such education was
recognized under other legislation ^ 9), or has completed a study that
It is recognised by the Member State as part of his University
the system and whose completion he provides higher education qualification,
(b)) has at least three years of practical experience in the field of accounting or
statutory audit
c) graduated from training in the area of quality control and
d) meets any other requirements referred to in article 14(2). 26 of the regulation of the European Parliament
and Council Regulation (EU) No 537/2014, if the quality control of organized and
controlled Supervisory Committee.
(2) the training referred to in paragraph 1 (b). (c)), the Council organizes.
(3) before making the quality control the quality controller proves to be an honorary
a declaration that in performing the checks on him does not preclude the fact referred to in §
AA paragraph 1. 1, and it
and) the Audit Committee, with regard to quality control of organized and
controlled Supervisory Committee, or
(b) the Supervisory Commission), in the case of quality control of organised and controlled
Supervisory Commission. ".
91. under section 24 c, the following new paragraph to AA 24i that including the following titles:
"§ AA
Quality control
(1) the quality control may be carried out by the reviewer the quality if the
and controlled by the Auditor) is a conflict of interest,
(b)) is a person under the civil code the inspected
statutory auditor,
(c) controlled by the Auditor) is contractually obliged,
(d)) is the controlling entity controlled by an audit firm
(e)) has a market share of voting rights in a controlled audit
the company,
f) is a member of the management, control or the Supreme authority of the controlled
the audit firm,
(g)) at least 3 years after the date on which has ceased to be controlled
Auditor in respect of referred to in subparagraphs (c) to (f))), or
h) would have been to control its own activities.
(2) quality control is initiated on the date of receipt of notice of the deadline
quality control auditor, which shall be notified to the auditor at least
30 days before the date of the initiation of the own control activities
and the Council) with regard to quality control of organised and controlled by the inspection
Committee, or
(b)), if the quality control of organised and controlled by the supervisory
by the Commission.
(3) Check the quality of a statutory auditor who performs the audit
activities for the firm or the statutory auditor
executing the audit function on their own behalf and on their own account,
is carried out together with the quality control of audit firms
or statutory auditor of the executing the audit function its own
name and on its own account in accordance with § 24 para. 2.
section 24e
The extent of quality control
(1) the quality controller performs the quality control to the extent necessary for the
achieve the purpose of quality inspection according to § 24 para. 1 and its conclusions prove
the necessary supporting documents. The extent of quality control must be proportionate and
proportional to the scale and complexity of the activity of controlled by the auditor.
(2) quality controller, above all in the quality control
and assess the consistency of the internal arrangement) and the auditor's procedures with this
by law, the auditing standards under section 18, code of ethics and requirements
on independence and with the directly applicable European Union law
specific requirements relating to the statutory audit of public
of interest, in order to verify the effectiveness of the internal quality control system
the Auditor,
b) assesses the internal quality management system auditor in relation to section 14 d, and
its effectiveness,
c) assesses the quantity and quality of resources expended in relation to section 14 d, and
14 g,
(d) compliance with the requirement on) checks the continuing education,
(e) assessing the implementation of rewards) audit work in relation to article 14,
14 and 16,
f) assesses the internal regulations or the methodology of the auditor and
g) assess the consistency of procedures with the procedures laid down by the internal
the rules of the Chamber.
(3) quality control the quality controller examines the writings of Auditor
selected on the basis of a risk analysis carried out of the analysis of
the possible improper implementation of audit activities.
(4) the quality control of organised and managed by the Supervisory Committee
the quality controller to further review the content of the report on transparency with
regard to the findings made under paragraph 2 and compliance with the requirements
referred to in article 14(2). 4 and 5 of the regulation of the European Parliament and of the Council (EU) No.
537/2014.
section 24f
Protocol on the control of the quality of
(1) if the quality controller in the context of quality control that the auditor
not in the implementation of the audit work in accordance with this
by law, the auditing standards under section 18, code of ethics and internal
the rules of the Chamber or the directly applicable European Union law
specific requirements relating to the statutory audit of public
interest, stating that fact in the control findings.
(2) prior to the preparation of the Protocol on inspection shall consult the quality controller with
controlled by the Auditor in audit findings and any proposed
measures of remedy the deficiencies referred to in paragraph 1, identified in the
the quality control (hereinafter referred to as "corrective measures").
(3) the audit findings and corrective measures the quality controller shall be given in
Protocol on the control of and shall set a reasonable time limit for the implementation of measures to
corrective action, which may not be longer than 12 months from the date of delivery of the
a copy of the Protocol on the control of controlled auditor.
(4) a copy of the log after their passes quality control
the quality controller
and) the Council, in the case of quality control of organised and controlled by the supervisory
the Commission, or
(b)), if the quality control of organised and controlled by the inspection
by the Committee.
(5) Controlled the auditor performs the corrective measures within the specified period.
section 24 g
Retention of file quality control
File quality control is kept for 10 years from the date of its
the conclusion; This period shall be extended by the time taken for the conduct of disciplinary
proceedings, the proceedings of the administrative tort or criminal proceedings.
§ 24 h
Quality control carried out by a third party
If the quality control carried out by art. 26 paragraph 2. 5, second subparagraph
European Parliament and Council Regulation (EU) No 537/2014 AA up to 24 g, §,
shall apply mutatis mutandis.
§ 24i
Common quality control
(1) the Council shall be authorized to perform quality control auditor
that applies to statutory audit carried out by the company that
securities issued in the third country, or that is part of a group
while publishing consolidated accounts in a third country, the competent
authority of the third country meeting the requirements of the European Commission
as appropriate, in order to ensure effective supervision, under the conditions
provided for in this Act and the working conditions under section 49.
(2) joint quality control performed by the person or persons that meet the
the requirements established by this Act for the implementation of quality control checks,
authorized by the Council, together with the persons responsible for the competent authority of the third
of the country.
(3) the working arrangements concluded between the Council and the competent authority of the third
countries shall ensure, in addition to the requirements provided for in § 49 paragraph 1. 2, that
and) are set out the requirements for the implementation of joint control range
quality, which is the competent authority of the third country must comply with when
implementation of a common quality control referred to in paragraph 2,
(b)), the Council may reject the common quality control, if the common
quality control had an adverse impact on sovereignty, security or
the public policy of the Czech Republic,
(c) the competent authorities of a third country) will guarantee the obligation of professional secrecy
at least to the extent provided in section 15b,
d) information covered by the obligation of professional secrecy,
shall not be disclosed to any other person or authority other than those that are
listed in the working arrangements, and may be used only for the performance
supervisory powers in the sphere of competence of the competent authority of the third country
for the purposes of quality control and investigations that meet the requirements
equivalent to those referred to in sections 24, 25, and in titles VI and XI, and
(e) without the prior consent of the Council) is not the competent authority of the third country
entitled to provide personal data contained in the documents
statutory audit and other documents in the possession of the Auditors; the transmission of
data to a third country in accordance with the law governing the protection of personal
^ 22) data.
(4) the common quality control must meet the following requirements:
and) persons responsible for the competent authority of the third country to perform a check
the quality they are entitled to access to the file of the auditor and other documents
related to the implementation of the statutory audit, in accordance with this Act,
(b)) the person responsible for the competent authority of the third country to perform a check
quality are required to demonstrate compliance with the requirements laid down by the Declaration
in section AA paragraph 1. 1 and
(c)), the quality controller will not allow the person entrusted by the competent authority of the third
the country to perform the quality control of access to those documents to the audit,
If the violation of this Act or of working arrangements.
(5) on a common quality control shall apply, mutatis mutandis, to section 24 c 24 g. ".
92. In § 25 para. 1 introductory part of the provisions for the number "18"
the words "which is not an administrative crime under Title XI" and the words
"(hereinafter referred to as" disciplinary transgressions ")" shall be added after the comma.
93. In § 25 para. 1 letter e) is added:
"e) exclusion from the performance of the duties of a member of the managing authority, the audit
the company for a maximum period of 3 years. ".
94. In § 25 para. 3 is the number "8" is replaced by "7" after the word
"company" shall be inserted the words "or statutory auditor
executing the audit function on their own behalf and on their own account "and
the number "5 000 000 ' shall be replaced by the number" 10 000 ".
95. In article 25, paragraph 4 shall be deleted.
Paragraphs 5 to 11 shall become paragraphs 4 to 10.
96. In § 25 para. 4, after the word "auditor", the words "or administrative
a crime under Title XI "and the number" 5 000 000 ' is replaced by ' 10
000 000 ".
97. In paragraph 25, paragraphs 5 and 6 shall be deleted.
Paragraphs 7 to 10 shall be renumbered as paragraphs 5 to 8.
98. In § 25 para. 5 after the word "negotiations", the words "in particular".
99. In § 25 paragraph 7 is added:
"(7) the decision on the imposition of measures of public censure performs Chamber
by publishing it on its website. This decision is
enforced on the date it was published. The contents of the public admonition shall designate
Disciplinary Commission Chambers. "by this decision.
100. In § 25 para. 8, after the word "fines", the words "in proceedings under the
section 26 ".
101. the following section is inserted after section 25a, 25b, which including the title reads as follows:
"§ 25b
Exclusion from the exercise of a member of the management body of an audit firm
(1) a legal decision on the exclusion of a member function of the control performance
body of an audit firm shall cease to be a person that the decision
refers to a member of the governing body in all audit firms; the demise of
functions of the Court shall notify the Chamber or by the Council, which, under other legal
prescription leads the business register.
(2) a person who violates the ban imposed on him by a decision on the exclusion from the exercise of
Member of the management body of the audit firm, shall be liable for the fulfilment of the
all obligations of the audit firm, which arose at the time when
performed over a ban on the activities of a member of its management body, though it
does not become or be stopped.
(3) If a member of the management body of the audit firm other audit
the company, the provisions on the exclusion of a member from the performance of
the managing authority and of the natural person who was affected by this audit
the company intended to make such a feature it has pursued. ".
102. In § 26 para. 1 the words "member of the Executive Board" shall be replaced by
"the Audit Committee".
103. In article 26, paragraph 1, the following new paragraphs 2 and 3 shall be added:
"(2) responsibility for disciplinary wrongdoing or breach of the obligation according to § 25
paragraph. 3 and 4 shall cease when the date when karnej wrongdoing or
There has been a breach of duty, the period of 6 years.
(3) the time limit referred to in paragraph 2 is not running
and in the case of the demise of the permission) for the performance of the audit work,
(b)) for the for the same deed led to criminal proceedings or
management of the administrative offence, or
(c)) after the time that the case resulted in court proceedings of the Board. ".
Paragraphs 2 to 7 shall become paragraphs 4 to 9.
104. In § 26 para. 4 the first sentence, the comma after the word "procedure" is replaced by
the word "and", the words ", and the proposal to impose specific measures"
deleted and the third sentence shall be deleted.
105. In the title of § 27, the words "and other measures ' shall be replaced by
"recourse".
106. In section 27, paragraph 1 reads:
"(1) after a period of 7 years from the date of the decision on the imposition of
the measures referred to in § 25 para. 1 (b). ) to c) of the measures it considers
for zahlazené. The measures referred to in § 25 para. 1 (b). (d)), and (e)) shall be deemed to
for the zahlazené, passed from the date on which it was enforced measures
the ban, the period of seven years. ".
107. In part one, title III, § 27 § 27a shall be inserted, which including
Title:
"§ 27a
Publication of the decision of the disciplinary offence
(1) the Chamber shall make public the decision on disciplinary transgressions in the register
immediately after the judicial power. Exposes the sentential part of
the decision of the disciplinary offence.
(2) the Chamber on the basis of decision of the disciplinary Commission of the Chamber of Commerce will not disclose
a decision on disciplinary transgressions in the register, if publication would endanger the
the stability of the financial markets, the ongoing criminal proceedings against
auditor or cause disproportionate damage to the parties. If it is to
Chamber doubts about a possible threat to the stability of the financial markets, the
request the opinion of the Czech National Bank; the annex to the application, a copy of
the decision of the disciplinary offence.
(3) the Chamber on the basis of decision of the disciplinary Commission of the Chamber of Commerce will not disclose
a decision on disciplinary misdemeanour of the statutory auditor in the register, if
disclosure of personal information would be disproportionate to the nature and
the severity of the disciplinary offence.
(4) where the procedure under paragraph 2 or 3, the Chamber shall make public
a decision on disciplinary wrongdoing on their website without
particulars identifying the Auditor, whose disciplinary
wrongdoing, it was decided immediately after the decision has become final
legal power.
(5) a decision on the disciplinary misdemeanour of auditor who performs the audit
activity in the business unit, which is subject to supervision of the Czech National Bank, and
that Chamber will not disclose pursuant to paragraph 2 or 3, the Chamber shall inform the
The Czech National Bank; in the name of the auditor's report, Declaration
the guilt, the imposition of measures, where appropriate, the declarations of innocence, and the day of acquisition of legal
the decision.
(6) If a disciplinary offence against a decision on an action, it shall publish
Chamber of this fact in the register. The Chamber shall make public the same way
information on the outcome of the judicial review.
(7) the content of the publication of the decision of the disciplinary offence shall not be
data allowing identification of the persons, other than the Auditor, whose disciplinary
guilt decided. ".
108. In paragraph 28, paragraphs 1 and 2 shall be added:
"(1) an Assistant of Auditor may be a natural person who
and) is fully enjoys the
(b)) is impeachable and
(c)) has completed at least a full secondary or vocational
education or study that provides an equivalent education.
(2) a natural person who satisfies the conditions referred to in paragraph 1, it shall
Chamber in the register as an Assistant Auditor, if he/she pursues a professional
practice in accordance with section 29. ".
Footnote No. 20 is deleted.
109. In article 28, paragraph 2, the following paragraphs 3 and 4 are added:
"(3) the Auditor, at which Assistant Auditor carries out professional practice, is
shall be obliged to immediately notify the fact to the Chamber. In the notice, the auditor
the name of the Assistant Auditor, social security number, and if the social security number
allocated, date of birth and the date of the initiation of professional practice. To the notification
the auditor shall be accompanied by the document referred to in paragraph 4 and of its Declaration on employment
Assistant Auditor.
(4) to comply with the requirement referred to in paragraph 1 (b). (c)) shall be demonstrated
document or documents of the highest achieved education. ".
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
110. In § 28 para. 6 (a). (d)), the number "2" is replaced by "1 or
ceasing of the professional experience referred to in section 29 ".
111. In section 29 para. 2 the initial part of the provision, the words "is entitled to
the implementation of the audit work in a Member State and "are deleted.
112. In paragraph 29, the following paragraph 3 is added:
"(3) the means of control of professional practice as an Assistant Auditor and Auditor
reporting provides the Chamber internal regulation. ".
113. In § 31 para. 2 (a). and) the words "operation of quality control system
under section 24 shall be replaced by the implementation of the quality control checks to be organized and
managed by the Supervisory Commission and the conditions for cooperation in the inspections
quality according to § AA paragraph 1. 3. "
114. In § 31 para. 2 the letter g) is added:
"g) decide on the submitted applications for audit testing, partial
parts of the audit tests, examinations and partial differential parts
the diff tests and ensure the implementation of audit tests and partial
part of the audit testing and Delta tests and component parts
differential tests ".
115. In § 31 para. 2 at the end of the text of the letter i), the words ",
with regard to quality control and supervisory-controlled Commission organized ".
116. In § 31 para. 2 (a). j), the words "in particularly justified
the cases ' shall be deleted and the text "§ 15 para. 2 "are replaced by the text" section 15a
paragraph. 1 (b). (b)) ".
117. In § 31 para. 3 (b)):
"(b)) on quality control, in the case of quality control of organized and
supervisory-controlled Commission. ".
118. In § 31 para. 4 "h)" is replaced by the text "i)" and the words "in the
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 asked to do so by the Council ' shall be replaced by
the words "in the exercise of competence of the Council under this Act and by directly
of the applicable legislation of the European Union relating to the specific requirements of the
on statutory audits of public-interest entities ".
119. In § 31 para. 5, the words "§ 14, § 20 and section 24 shall be replaced by ' paragraph 47
up to 49 ".
120. In paragraph 31, the following paragraph 6 is added:
"(6) the Chamber shall establish an effective mechanism to be reported or suspected violations
a violation of this Act, other legislation governing the performance of the
the audit work, the directly applicable European Union legislation
relating to the specific requirements for statutory audits of public-
of interest, code of ethics, internal regulations or audit
standards referred to in section 18 and informs about it in a way allowing remote
access; This mechanism includes at least
and the procedures for reporting violations of) or the alleged violation and their
evaluation,
(b) the protection of personal data) of the person who reports a violation or alleged
breach or allegedly responsible for a violation or alleged
violation of, and
(c) procedures for ensuring the right of persons), which is allegedly responsible for the
violation of or alleged violations, to submit observations or explanations,
including the right to appeal against the decision of the Chamber. ".
121. In § 32 para. 4 (b). e), the words "the prohibition or permanent ban"
replaced by the words "termination of the permission to".
122. In § 33 para. 2 (a). (e)), the words ' audit and test section
differential tests "shall be replaced by" section of the auditor and
differential tests ".
123. In § 34 paragraph 1. 2 the first sentence, the words "and 6 alternates" shall be deleted,
the second sentence, the word "method" is replaced by "the number of alternates, the way
their "and the word" alternates "shall be deleted.
124. In § 35 para. 1 the last sentence, the word "system" shall be deleted and the word
"audit" shall be replaced by the words "by the Auditor, who does not carry out the statutory audit of
with each public-interest entity ".
125. In paragraph 36, the following paragraphs 3 and 4 are added:
"(3) the Disciplinary Commission shall at least once every 6 months, the Chamber and the Council of
the results of their activities.
(4) the Disciplinary Commission shall provide the Council regularly once per calendar
quarter information about stored measures under section 25 for the purposes of § 38
paragraph. 2 (a). q).".
126. In § 37 para. 2, letter a) the following new subparagraph (b)), and (c)),
are added:
"(b)) is designated by the competent authority in accordance with article 3(1). 20 regulation of the European
Parliament and of the Council (EU) No 537/2014
(c)) shall perform the responsibilities of the competent authority under directly applicable
Regulation of the European Union relating to the specific requirements for the statutory
audits of public-interest entities, unless in accordance with this Act, directly
the applicable law of the European Union governing the specific requirements for
statutory audits of public-interest entities the performance of another
the authority ".
Subparagraph (b)), and (c)) shall become points (d) and (e)).)
127. In § 37 para. 2 (a). (d)), the number "X" is replaced by "XI".
128. In § 37 para. 3, the words "public oversight" shall be replaced by
"the scope of this Act and directly applicable European legislation
the Union relating to the specific requirements for the statutory audit bodies
the public interest ".
129. In article 37, paragraph 4 shall be deleted.
130. under section 37 shall be added to § 37a, which including the title reads as follows:
"§ 37a
Budget Of The Council
(1) the Board shall draw up for each financial year its budget proposal at least
the extent of total revenue and total expenditure and, together with the financial statements
The Council for the preceding accounting period within the time limits laid down for the
the compilation of the State budget of the Czech Republic and the State of the final
account the Czech Republic submits to the Ministry of finance. Budget Of The Council
approved the Ministry of finance.
(2) the financial resources of the Council shall
and subsidies from the State budget),
b) interest on deposits, penalties, claims and other payments received in
connection with the use of the financial resources of the Council,
(c) the proceeds from the sale of property) of the Council,
(d) other receipts from the activities) of the Council.
(3) Subsidies from the State budget is provided by the Board at least annually
in the amount of actual expenditure approved budget of the Council of
designed to cover the management and activities of the Council of the financial resources not covered
in accordance with paragraph 2 (a). b) to (d)).
(4) the financial resources of the Council can only be used to cover the costs
connected with the management and the activities of the Council in the framework of the budget approved
Council. ".
131. In § 38 paragraph 1(a). 1 (b). a) after the word "standards" the words
"under section 18".
132. In § 38 paragraph 1(a). 1 (b)):
"(b)) the Organization, management and implementation of quality control checks to be organized and
managed by the Supervisory Commission.
133. In § 38 paragraph 1(a). 1 (b). (d)), the words "paragraph. 2 to 4 "are deleted.
134. In § 38 paragraph 1(a). 2 (a). and) the words "by the Ministry of Finance on the
the preparation of legislation related to the statutory audit "shall be replaced by
the words "article. 25 regulation of the European Parliament and the Council (EU)
No 537/2014 in matters relating to statutory audit and performance
obligations under this Act and directly applicable European legislation
the Union relating to the specific requirements for the statutory audit bodies
the public interest ".
135. In § 38 paragraph 1(a). 2 at the end of the text of the letter b), the words "and
directly applicable EU regulation governing the specific
the requirements for statutory audits of public-interest entities and involved also the
supervisory authorities, international cooperation, if necessary, or
desirable for the fulfilment of the obligations laid down in this law or directly
the applicable law of the European Union governing the specific requirements for
statutory audits of public-interest entities ".
136. In § 38 paragraph 1(a). 2, letter c) the following point (d)), which read as follows:
"(d)) partnered with the Chamber, the Committee of European supervisory authorities
Audit and competent authorities of other Member States in order to
unification of requirements for the theoretical and practical training and preparation
differential test requirements ".
Subparagraph (d)) and m) are known as point (e)) to (n)).
137. In § 38 paragraph 1(a). 2 (a). (e)), the word "appeal" is replaced by
"the parent administrative".
138. In § 38 paragraph 1(a). 2 (a). (f)) at the end of the text of section 4, the words "
, order of quality checks and other internal regulations ".
139. In § 38 paragraph 1(a). 2 (f)) the following points 6 and 7 are added:
"6. the comprehensive report on the quality assurance system,
7. quality control plan ".
140. In § 38 paragraph 1(a). 2 (a). g), the words "members of the Council have the right to participate in
the Assembly Chamber without voting rights or meetings of its bodies "
shall be replaced by "the members of the Presidium of the Council have the right to participate without
the voting rights of the Bundestag Chamber or meetings of other bodies of the Chamber,
the members of the Disciplinary Committee, the Audit Committee and the staff of the Council of
they have the right to participate in the Assembly Chamber without voting rights, the meetings of the
the Supervisory Commission or the disciplinary Commission, and after consultation with the
the President of the Chamber ".
141. In § 38 paragraph 1(a). 2 (a). I), the words "to the system of quality control and"
be deleted and at the end of the text of the letter with the words "in accordance with § 37 para. 2
and cooperation referred to in point (d)) ".
142. In § 38 paragraph 1(a). 2 (a). k), the words "under section 24b" shall be replaced by
"organized and managed by the Supervisory Commission" and the words "and proposes measures to
remedy "shall be replaced by the words" which is not controlled by the Auditor in
conflict of interest and meets the requirements referred to in § 24 c of paragraph 1. 1. "
143. In § 38 paragraph 1(a). 2 the letter l) and (m)) shall be deleted.
Letter n) is referred to as the letter l).
144. In § 38 paragraph 1(a). 2 at the end of the letter l) is replaced by a comma and dot
the following letters m) to t) are added:
"m) checks whether the Auditors, the persons directly involved in the
activities related to the statutory audit in the entity's members
networks and public-interest entities compliance with the provisions directly
of the applicable legislation of the European Union relating to the specific requirements of the
on statutory audits of public-interest entities,
n) decide on the extension of article 23(2). Article 17(1). 6 regulation of the European
Parliament and of the Council (EU) No 537/2014
about) track the development of the market carry out statutory audits of public-
the interests and processes the report on developments in the market for the provision of the services of the statutory
the audit of public-interest entities in accordance with art. 27 of regulation of the European
Parliament and of the Council (EU) No 537/2014
p) negotiates and concludes agreements with the competent authorities of third countries for the
conditions laid down by the directly applicable European Union law
specific requirements relating to the statutory audit of public
interest,
q) handles a list of all the measures for each calendar
the year Auditors saved under section 25 and title XI and passes them to the Committee
European auditing oversight bodies,
r) shall publish the names of the Auditors, whose share of the remuneration of the statutory audit
posted or registered from public-interest entities does not exceed 15
% of total remuneration of posted or registered for the statutory audit for
the calendar year referred to in article. 16 regulation of the European Parliament and the Council (EU)
No 537/2014
for the purposes of article with). Article 17(1). 8, the third subparagraph of regulation of the European
Parliament and of the Council (EU) No 537/2014 specifies the date for application of the
requirements for the duration of the engagement;
t) shall inform the Committee of the European institutions of audit oversight of stored
the measures ban the performance of audit work, and exclusion from the exercise of
Member of the management body of the audit firm or entity
the public interest under any other law. ".
145. In paragraph 38, the following paragraph 4 to 8 are added:
"(4) the Council shall publish the Council's accounts for the previous financial year
on its website not later than 30 June 2005. June and on
information according to art. 28 European Parliament and Council Regulation (EU) No.
537/2014. This information must be on the website
published for at least 5 years after their publication, including any
corrections.
(5) the Council shall inform the Czech National Bank on the testimony of the commitment of the Treaty on the
statutory audit or to withdraw from the Treaty on statutory audit under section
17A, where the Contracting Party is an entity under the supervision of the United
the National Bank.
(6) the Council shall exercise its jurisdiction under this Act and directly
of the applicable legislation of the European Union relating to the specific requirements of the
on statutory audits of public-interest entities involved in the activities of the Committee
European auditing oversight bodies referred to in article. 30 of the regulation of the European
Parliament and of the Council (EU) No 537/2014.
(7) the Council shall exercise its jurisdiction under this Act and directly
of the applicable legislation of the European Union relating to the specific requirements of the
on statutory audits of public-interest entities involved in the activities of the colleges
supervisory authorities in the framework of cooperation between the competent authorities referred to in article 14(2). 32
European Parliament and Council Regulation (EU) No 537/2014.
(8) the Council shall, on the request of the Czech National Bank check result
quality auditor who carries out the statutory audit of the entity that
the Czech National Bank is subject to supervision. "
146. In paragraph 38 (a) of paragraph 1. 1 at the end of subparagraph (c)) is replaced by a comma and dot
the following point (d)), which read as follows:
"(d)) the Audit Committee".
147. In paragraph 38 (a) of paragraph 1. 2 the term "authorities" is replaced by "Commission".
148. In paragraph 38 (a) of paragraph 1. 3, the words "the Secretariat" shall be replaced by
"the internal services of the Council".
149. In § 39 para. 1 the first sentence, the words "the activities laid down by this
by law, the Council "shall be replaced by the words" the scope of the Council under this Act, or
directly applicable European Union legislation governing specific
the requirements for statutory audits of public-interest entities, if not
at the same time to other bodies of the Council ' and the second sentence shall be deleted.
150. In section 39 paragraph 2 reads as follows:
"(2) the Presidium is of six.".
151. In § 39 para. 3 the words "the Presidium" be replaced by the words "the members of the
The Presidium of the "and the words" and removed "shall be deleted.
152. In § 39 para. 4, the words "referred to in paragraph 2 (a). and) "are deleted.
153. In § 39 para. 6, the second sentence shall be deleted.
154. In section 39 paragraph 7 is added:
"(7) perform the duties of a member of the Presidium is the exercise of public functions.".
155. In paragraph 39, paragraphs 8 to 13 shall be deleted;
156. § 39a including title:
"§ 39a
The conditions for membership in the Executive Board
(1) a member of the Executive Board may be appointed as a natural person who
a) is a citizen of the United States,
(b)) is impeccable,
(c)) is fully enjoys the
(d)) acquired the knowledge or experience in accounting or auditing
activities or in law or economics, providing for a presumption of
the proper performance of the Member of the Executive Board,
e) does not have and should not be in a period of at least 3 years prior to the appointment
1. the proportion of the voting rights in an audit firm,
2. the agreed with the audit firm or the statutory auditor
executing audit work in its own name and for its own account
basic employment relationship,
(f)) is not and has not been in a period of at least 3 years prior to the appointment of a member of the management
or the head of the inspection authority or an employee or representative of the
the audit firm,
(g)) is not a statutory auditor and it did in a period of at least 3 years
before the appointment of the statutory audit, or
(h)) is not and has not been in a period of at least 3 years before appointment committed to another
contractual relationship with the auditor.
(2) a member of the Presidium cannot be appointed to the Chamber of Commerce who has been saved
disciplinary measures in accordance with § 25 para. 1 or title XI, which is not on the date of
the appointment of a member of the Presidium of the zahlazeno.
(3) a member of the Presidium ends
and) expiration of his term of Office,
(b)),
c) relinquishing the functions
(d)) death or declaration of death,
(e)) if he released the audit permissions, or
f) acquisition of the decision of the Court was a member of the Presidium of the
convicted for an intentional criminal offence, or which was limited in its
legal capacity.
(4) the Minister of finance in agreement with the Czech National Bank appeals Member
The Executive Board, if
and does not perform its function) for more than 9 months or does not comply with its
obligations under this Act,
b) interferes with the dignity of their function seriously,
(c)) is appointed a member of the inspection or the managing authority, the audit
the company,
(d)) gets a share of the voting rights in an audit firm,
e) enters the basic employment relationship with the audit
company or statutory auditor carrying out the audit
activities in its own name and on its own account, or
f) enters into a contractual relationship with the other auditor.
(5) member of the Executive ceases to comply with any condition set out
This Act for the membership of the Executive Board, shall this fact
report to the Minister of finance. ".
157. under section 39a, the following new section 39b and 39 c, including the following titles:
"section 39b
The Disciplinary Committee
(1) Disciplinary Committee has 5 members.
(2) members of the Disciplinary Committee shall be appointed by the President of the Council on the
the proposal of the Presidium. The term of Office of members of the Disciplinary Committee, the method of
their appeal, remuneration and decision-making rules lays down the Statute of the
Of the Council. The Disciplinary Committee in their activities governed by the disciplinary regulations
The Council, which is an internal regulation of the Council.
(3) the Disciplinary Committee shall exercise at first instance the scope of Council
infringement procedure under Title XI. The appellate body's Presidium.
(4) the Disciplinary Committee shall perform the responsibilities of the Council in the investigation under section 40b.
(5) the performance of the duties of a member of the Disciplinary Committee is a public
function.
§ 39 c
The Audit Committee
(1) the Audit Committee has 5 members.
(2) a member of the Audit Committee may be appointed by a natural person referred to
in the article. 21 the third subparagraph. a) to (d)), the regulation of the European
Parliament and of the Council (EU) No 537/2014.
(3) the members of the Audit Committee are appointed by the President of the Council on a proposal from
The Presidium. The term of Office of the members of the Audit Committee, the method of their
appeal, remuneration and decision-making rules lays down the Statute of the Council.
The Audit Committee shall be governed by the regulations in their activities to quality controls,
that is an internal regulation of the Council.
(4) the Audit Committee
a) organise and manage quality control auditor for performing the required
audit of at least one body of the public interest and in accordance with § 24 h and the 24i and
article. 26, 31 and 32 European Parliament and Council Regulation (EU) No 537/2014
b) summary report on the proposal for a system of quality assurance in accordance with §
24 paragraph 2. 7 the Executive Board for approval,
(c) the draft plan) quality controls under section 24b para. 3 Presidium
for approval.
(5) perform the duties of a member of the Audit Committee is the exercise of public functions.
158. In section 40 para. 1 the word "President" is replaced by "President".
159. In § 40 paragraph 2, the following paragraph 3 is added:
"(3) the Presidium is quorate if the present by an absolute
most of its members. ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
160. In section 40 para. 4 the third sentence, the text "(c))" is replaced by the text "e)", and
the last sentence is deleted.
161. In § 40 paragraph 5 is added:
"(5) is not possible to take a decision pursuant to paragraph 4, because of the exclusion of
those members of the Presidium, which in view of their ratio to the point or to
the parties or their representatives, are grounds for reasonable doubts about the
their disinterestedness, the decision is taken, if voted for him
by an absolute majority of the members who are not on those grounds, shall be excluded from
the vote, and in the case of their equality is a decisive voice President
Of the Council. The President of the Council cannot be excluded from the decision-making Presidium. ".
162. under section 40, the following new section 40a to 40e, which including the following titles:
"§ 40a
Remuneration policies and provision of travel expenses
(1) the Member of the Presidium of the functions belong to the reward, which is determined by
the implementing legislation according to the complexity, the extent of liability,
complexity and scope of the performance of the duties.
(2) the Member of the Disciplinary Committee and Audit Committee they belong for performance
fee to be determined by the Council according to the complexity, extent of liability,
complexity and scope of the performance of the duties.
(3) it is for the Member of the authority of the Council when travelling in connection with the performance of
features travel expenses in the amount and under the conditions laid down in part seven
the labour code for workers in an employment relationship with the fact that for
regular workplace for these purposes shall be the place of residence of the Member
authority of the Council.
(4) remuneration and travel expenses of a member of the authority of the Council, the Council provides. Reward
It is payable in the same terms as for the employees of the Council.
(5) the Council modifies the principles of providing internal regulation of wages
employees, which shall take into account the budgetary possibilities of the Council.
section 40b
The investigation carried out by the Council
The Council is authorized to carry out the investigation for the purposes of public oversight in
and the auditor performing the statutory audit) public-interest entity,
(b)) member of the network to which they belong, the auditor carrying out statutory audits of the body
public interest, established on the territory of the Czech Republic,
(c)) the persons involved in the audit work the auditor performing the
statutory audits of public-interest entity,
(d)) body of public interest and
(e)).
section 40 c
File retention
The information provided by the Council, the Council is required to protect against unauthorised use. The Council of the
stores the file for a period of 10 years from the date of completion of the investigation, this period shall
be extended by the time required for the conduct of proceedings on administrative tort or
the criminal proceedings.
§ 40 d
Delegation of tasks by the Council, the competent authority of another Member State
(1) where the Council delegates any activity which would otherwise be carried
or to exercise itself by directly applicable regulation
the Union relating to the specific requirements for the statutory audit bodies
the public interest, on the authority of another Member State which has been in this
the Member State designated as the competent authority responsible for carrying out the tasks
laid down in the applicable European Union legislation directly governing the
specific requirements for statutory audits of public-interest entities, it is not
this without prejudice to the responsibility of the Council.
(2) the Council shall ensure that, in the context of the activities referred to in paragraph migration
1
and compliance as follows is not limited by) executing activities with the relevant
legislation and control by the Council,
(b)) shall not affect the legal relations of the Council with the auditor and
(c)) are laid down rules for checking the following activities by the Council.
(3) the Council enters into a contract governing the migration of activities referred to in paragraph 1
in a way that allows you to capture content, accountability and
enforcement, as well as keeping this agreement.
§ 40e
Reporting of breaches of
The Council shall establish an effective mechanism to be reported or suspected violations
a violation of this Act, other legislation governing the performance of the
the audit work, or directly to the applicable legislation of the European Union
relating to the specific requirements for statutory audits of public-
of interest, code of ethics, internal regulations or audit
standards referred to in section 18 and informs about it in a way allowing remote
access; This mechanism includes at least
and the procedures for reporting violations of) or the alleged violation and their
evaluation,
(b) the protection of personal data) of the person who reports a violation or alleged
breach or allegedly responsible for a violation or alleged
violation of,
(c) procedures for ensuring the right of persons), which is allegedly responsible for the
violation of or alleged violations, to submit observations or explanations,
including the right to appeal against a decision or
the measures of the Council. ".
163. In § 41 para. 1, after the words "the law", the words "and directly
of the applicable legislation of the European Union relating to the specific requirements of the
on statutory audits of public-interest entities "and after the word" when "
the words "quality checks".
164. In § 41 para. 3 at the end of the text of subparagraph (a)) the following words "or
such an investigation would result in a violation of the laws governing the protection of
of classified information and the activities of the intelligence services ".
165. In § 42 para. 3 at the end of the text of subparagraph (a)) the following words "or
such an investigation would result in a violation of the laws governing the protection of
of classified information and the activities of the intelligence services ".
166. In § 42 para. 4, after the words "the law", the words "and directly
of the applicable legislation of the European Union relating to the specific requirements of the
on statutory audits of public-interest entities ".
167. section 43, including the title reads as follows:
"§ 43
Determination of the auditor of the public-interest entity
(1) public-interest entity specifies the audit firm or
of the statutory auditor of the executing the audit function its own
name and on its own account for statutory audits referred to in article. Article 16(1). 2 to 5
European Parliament and Council Regulation (EU) No 537/2014.
(2) For the purposes of determining the audit firm or of the statutory auditor
executing audit work in its own name and for its own account
According to § 17 para. 3 or 4 suggests the firm or
of the statutory auditor of the executing the audit function its own
name and on its own account, it specifies the control authority; in doing so,
taking into account the recommendations of the audit committee. Where the inspection body,
who is determined, the statutory auditor or audit firm
executing audit work in its own name and for its own account
other than who have been recommended by the audit committee, is such a proposal
obliged to duly justified, in particular, for what reasons, deviated from the
the recommendations of the audit committee.
(3) does not have a public-interest entity audit body, proposes
the statutory auditor or the audit firm of the executing
audit activity on your own behalf and on their own account to the person who is
Specifies the audit committee.
(4) without prejudice to the directly applicable European Union regulation governing the
specific requirements for statutory audits of public-interest entities, the entity
the public interest may identify the firm or the statutory
Auditor of the executing the audit function on their own behalf and on
its own account, for carrying out the statutory audit for a maximum period of 20 years in
If the longest after the expiry of 10 years from the identification of audit firms
or statutory auditor of the executing the audit function its own
name and on its own account, but not earlier than 18 months before the expiry of the
the duration of the contract shall be carried out on the implementation of the statutory audit for the period
immediately following the end of 10 years of recruitment in accordance
with the article. Article 16(1). 2 to 5 of the regulation of the European Parliament and of the Council (EU) No.
537/2014.
(5) does not have a public-interest entity shall exercise the highest authority, the scope of the
the supreme body for the purposes of determining the audit firm or
of the statutory auditor of the executing the audit function its own
in the name and on its own account by directly applicable regulation
the Union relating to the specific requirements for the statutory audit bodies
the public interest the person who determines the firm or
of the statutory auditor of the executing the audit function its own
in the name and on its own account, for carrying out the statutory audit.
(6) determine if public-interest entity audit firm or
of the statutory auditor of the executing the audit function its own
name and on its own account, the procedure pursuant to § 17 para. 2, 3 or 4,
It shall immediately inform the Council. ".
168. in paragraph 43, the following new section 43a to 43d, including headings and
footnote # 25:
"§ 43a
The relationship of the statutory auditor to a public-interest entity
(1) the statutory auditor shall be subject to the public interest, for which
carries out the statutory audit or involved in activities related to
statutory audit, to accept the position of the person in the key function, Member of the
the audit committee or a non-member of the management or supervisory
authority before the expiration of 2 years after it carried out the statutory audit of the financial
Unit, or was involved in activities related to the compulsory
audit.
(2) paragraph 1 shall apply mutatis mutandis to a natural person engaged in
statutory audit or participated in activities related to the compulsory
audit, if it ceases to perform audit work permissions.
section 43b
Providing certain non-audit services
(1) the Auditor who carries out the statutory audit of public-interest entity, can
during the period commencing on the first day of the accounting period for which the annual
accounts or the consolidated accounts are validated, and then to the issue of
the auditor's report, to provide this public-interest entity, its
parent business corporation ^ 25) with its registered office in the Czech Republic and its
subsidiary business corporation ^ 25), based in the Czech Republic, non-audit
the services referred to in article 3(1). 5 (3). 1 (b). and (i))), point iv) to vii) and in
(a). f) European Parliament and Council Regulation (EU) No 537/2014, for
the conditions laid down by law and if the
and non-audit services), these do not have a direct impact or have alone or
In summary, non-significant effect on the financial statements or a validated
consolidated financial statements and
b) estimate their impact on validated accounts or the consolidated
Auditor the financial statements is documented and explained in the additional
the audit committee report, drawn up pursuant to article. 11 of the regulation of the European
Parliament and of the Council (EU) No 537/2014.
(2) an Auditor who is a member of the network to which it belongs, the auditor, the auditor of the
another Member State or a person from another Member State
carrying out the statutory audits of public-interest entity established pursuant to
law of a Member State may, subject to the public interest, the
parent business corporation ^ 25) with its registered office in the Czech Republic and its
subsidiary business corporation ^ 25) with its registered office in the Czech Republic in the period
commencing on the first day of the accounting period for which the financial statements of the
or consolidated financial statements verified, and to release a report
Auditor, to provide non-audit services referred to in article 14(2). 5 (3). 1 (b).
and (i))), point iv) to vii) and in (b). (f)) of the European
Parliament and of the Council (EU) No 537/2014, and under the conditions laid down in
paragraph 1.
(3) The provision of the services referred to in article 14(2). 5 (3). 1 (b). and (i)))
point iv) to vii) and in (b). f) Regulation of the European Parliament and the Council
Regulation (EU) No 537/2014 subject of public interest, its parent business
^ 25) Corporation based in the Czech Republic and its subsidiary business
^ 25) Corporation based in the Czech Republic, a member of the network to which it belongs
the auditor carrying out statutory audits of public-interest entity,
paragraphs 1 and 2 shall apply mutatis mutandis.
(4) the Auditor may not provide a public-interest entity, its parent
the business corporation or its subsidiary of the business corporation, non-audit
services not specified in the article. 5 (3). 1 regulation of the European Parliament and of the Council
Regulation (EU) No 537/2014 without the approval of the supervisory authority pursuant to § 44a para. 1
(a). m), or the audit committee pursuant to article. 5 (3). 4 regulation of the European
Parliament and of the Council (EU) No 537/2014.
§ 43c
Constraints in the implementation of the statutory audit of public-interest entity
The auditor should not carry out a statutory audit, the audit committee so
According to the article. 4 (4). 3 the second paragraph of regulation of the European Parliament and of the
Council Regulation (EU) No 537/2014.
section 43d
Information obligations of the auditor
The audit firm and the statutory auditor carrying out the audit
activities on their own behalf and for their own account within 30 days of the conclusion of the contract
on statutory audits of public-interest entity is informed of this
fact, the Council and the Chamber; the notification shall indicate whether or not the period for which they were
public-interest entity designated.
25) section 74 para. 2 Act No. 90/2012 Coll., on commercial companies and
cooperatives (law on commercial corporations). ".
169. the heading above section 44 is repealed.
170. Under the indications section 44 shall be inserted before the heading "Establishment and the requirements of the Committee
for the audit ".
171. In § 44 para. 1 the second sentence, the words "unless otherwise provided by the founding
the number of higher legal proceedings ' shall be deleted.
172. In § 44 para. 2, the last sentence is replaced by the phrase "If the number of
non-executive members of the supervisory body is higher than the number of members of the Committee for
the audit, the audit authority shall determine who its members are non-executive members
the audit committee ".
173. In paragraph 44, after paragraph 2, insert a new paragraph 3 is added:
"(3) the Chairman of the audit committee shall elect the members of the Committee for reference
audit. If you have not chosen the members of the audit Committee Chairman of the audit committee,
appoints and dismisses the Chairman of the audit committee, the control authority. The President of the
the audit committee must be independent. "
Paragraphs 3 to 6 shall become paragraphs 4 to 7.
174. In § 44 para. 6, the number "4" is replaced by "5".
175. Under the designation of § 44a is inserted after the title "the audit committee".
176. In § 44a para. 1 introductory part of the provisions: "audit committee, without
prejudice to the responsibilities of the managing or supervisory authority or their
Members, in particular ".
177. In § 44a para. 1 (b). (b)), the word "ensure" and the words "; internal
audit the audit committee is in this case a functionally subordinate "are deleted.
178. In § 44a para. 1 at the end of the text of subparagraph (c)), the words "and
shall submit recommendations to the managing or supervisory body to ensure
the integrity of accounting systems and financial reporting ".
179. In § 44a para. 1 (b). (d)) after the word "recommendations", the words "
unless otherwise provided in a directly applicable regulation the European Union governing the
specific requirements for statutory audits of public-interest entities, ".
180. In § 44a para. 1 (b). (e)), the word "additional" replaced by the word
"non-audit".
181. In § 44a para. 1, the following point (e)) the following new subparagraph (f)), which
added:
"(f)) discusses with the auditor the risks to its independence and
the protective measures that have been taken to the auditor such risks
to mitigate, ".
Subparagraph (f)) is renumbered as paragraph (g)).
182. In § 44a para. 1 at the end of the text of the letter g), the words ";
While based on the summary report on the system of quality assurance ".
183. In § 44a para. 1 at the end of subparagraph (g)) is replaced by a comma and dot
the following points (h)) to o) are added:
"h) comments on the testimony of the commitment of the contract of compulsory audit or
withdrawal from the Treaty on statutory audit under section 17a. 1,
I) assesses whether the contract will be subject to review management of an audit
the quality of the audit engagement another statutory auditor of the executing
audit activity on your own behalf and on their own account or auditor
companies referred to in article. 4 (4). 3 the first paragraph of regulation of the European
Parliament and of the Council (EU) No 537/2014
j) shall inform the inspection authority of the outcome of the statutory audit and its
knowledge gained from the monitoring process of the statutory audit
to inform the supervisory authority), the manner in which the statutory audit has contributed to the
ensuring the integrity of accounting systems and financial reporting,
l) decide on the continuation of the implementation of the statutory audit by an auditor referred to in
article. 4 (4). 3, second paragraph, regulation of the European Parliament and of the Council
Regulation (EU) No 537/2014
m) approve the provision of other non-audit services,
n) approve the report on the conclusions of the selection procedure in the selection procedure in the
accordance with article 6(1). 16 of the European Parliament and Council Regulation (EU) No 537/2014
and
about performs other responsibilities) under this Act, or directly applicable
Regulation of the European Union relating to the specific requirements for the statutory
audit of the entities of public interest. ".
184. In § 44a, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
185. In § 44a para. 2 the words "the statutory auditor or the audit
the company "shall be replaced by the word" Auditor "and the word" serve "is replaced by
the word "served".
186. under § 44a is inserted after section 44aa, which including the title reads as follows:
"section 44aa
For more scope and responsibilities of the audit committee
(1) the audit committee shall be entitled to inspect the documents and records
concerning the activities of public-interest entity, that it has set up, in the
to the extent necessary for the performance of the activities of the audit committee.
(2) the audit committee or body which, under section 44b of paragraph 1. 2 exercises
activities of the audit committee and that is according to the article. 11 (1) 1 second
subparagraph, of the European Parliament and Council Regulation (EU) No 537/2014
the designated beneficiary of the additional reports to the audit committee, shall be forwarded to the
request the appropriate form this message without undue delay
and) the control authority,
(b)) the managing authority,
(c)), the Czech National Bank, in the case of the entity whose activity
under other legislation shall be subject to the supervision of the Czech National Bank, and
d) in the case of the Council, subject to the public interest.
(3) once a year the audit committee shall prepare a report on the activities in which the
assess their activities in relation to the activities referred to in § 44a para. 1,
and provides it to the Council. ".
187. Under the indications section 44b is added the title "special exceptions for certain
public-interest entities ".
188. In paragraph 44b para. 4, the number "3" is replaced by "2".
189. under section 44b is added "TITLE IX" and the heading "special
PROVISIONS FOR THE STATUTORY AUDIT OF THE ENTITIES WITH THE PARTICIPATION OF THE STATE ".
In part one, the current title IX to XI known as title X to XII.
190. § 44 c and 45 including the following titles:
"§ 44 c
The establishment of the audit committee for certain bodies with the participation of the State
(1) the audit Committee also establishes an entity which is not a entity
the public interest, and that is
and) business corporations act Business Corporations Act, that is
a large company and in that of the State, territorial
Government Unit, a voluntary villages or urban part of the master
the city of Prague is treated alone or together with another business
component of the State, the territorial Government, voluntary Union of municipalities
or the municipal authority of the city of Prague's share of the voting rights
representing more than 50% of all votes in the business corporation,
(b)) business corporations, which is the consolidating accounting unit which
on a consolidated basis exceeds the balance sheet date at least 2
thresholds referred to in paragraph 1b paragraph 2(c). 3 of the Act on accounting, and in which
the branch of the State, any local government unit, a voluntary volume
municipalities or urban part of the city of Prague is treated separately or
together with other departments of the State, the territorial Government
in total, voluntary Union of municipalities or urban parts of the capital city
Prague's share of the voting rights representing more than 50% of all
voices in the business corporation,
(c)) under the law on State Enterprise State enterprise, which is a great
the entity,
(d)) the national undertaking which is a large entity
e) State Organisation railway infrastructure administration according to law
governing the establishment and operation of the railway administration, State Organization
traffic routes, or
f) business corporations act Business Corporations Act, that is
a great company, if its controlling entity an entity
referred to in points (a) to (d))), where its controlling entity.
(2) The establishment and scope of the audit committee for the section 44 to 44aa apply
by analogy.
§ 45
Additional requirements for auditor body with the participation of the State
(1) the Auditor who carries out the statutory audit of the entity referred to in §
44 c shall be obliged to
and once a year by written) statement to confirm the audit committee
their independence of this business unit,
(b)) once a year, in writing of the non-audit services to the audit committee
provided by this business unit and
c) discuss with the audit committee of any threats to their independence and
the measures used to mitigate them, and this in accordance with § 14.
(2) the Auditor carrying out statutory audits of the accounting unit referred to in § 44 c
shall, by the date of submission of the audit report of the audit committee
additional message specified in writing to the audit committee; additional report
to the audit committee shall include
and the Declaration of independence) referred to in paragraph 1 (b). and)
(b) the names of all the key audit) partners
(c)) for information about whether any of its activities made by another auditor,
that is not a member of the network to which it belongs, the auditor carrying out statutory
audit or other person and the Declaration of independence, another auditor or
another person,
d) description of the nature, frequency and extent of communication with the audit committee or
authority, which shall carry out the functions of the audit committee under section 44b of paragraph 1. 2, with
the management or control body of the entity, including an indication of the data
meetings with those bodies,
(e)) and by time frame description of the scope of the statutory audit
f) description of the Division of tasks between the auditors if it was for the statutory audit of
determined by more than one statutory auditor, an audit firm or
performing the audit function on their own behalf and on their own account,
(g) a description of the methodology), including which categories of the balance sheet were
authenticated directly and that have been verified on the basis of the control system and
compliance, including an explanation of any significant changes to the meaning of the substantive
inspections and compliance checks in comparison with the previous accounting
period,
h) quantitative materiality level used for carrying out the statutory
the audit for the financial statements the consolidated financial statements or as a whole
and, where applicable, the level or levels of significance for a particular category
transactions, balances of accounts or data, as well as qualitative factors
taken into account when setting the levels of significance,
I) evaluation and an explanation of the events or circumstances that have been
discovered in the course of the statutory audit, and that might result in a substantial
doubts having a significant impact on the premise of continuous duration
business units, and the question of whether these events or circumstances are
significant uncertainty, and summary information about all the safeguards,
referral statements, commitments to public intervention, and other
support measures to be taken with the assumption of continuous duration
the business unit
j) information on any significant deficiencies in the system of internal
the financial control of the entity or, in the case of consolidated financial
statements, parent of business corporations, as well as their accounting system;
for each of these serious deficiencies, the auditor shall state whether the
the shortcomings of the resolved direction of the entity,
for information about any significant) facts that relate to the
the actual non-compliance with the legislation or the founding legal
the hearing exposed in the course of carrying out a statutory audit, or suspected
such a mismatch, if these matters are regarded as relevant for the
to the audit committee to fulfil its tasks,
l) information on the methods used, the valuation of individual items in the
annual accounts or consolidated accounts including
the impact of their changes, as well as an assessment of these methods,
m) in the case of a statutory audit of consolidated financial statements explanation
scope of consolidation and the criteria applied by the entity for
not included in the consolidated Group, including an explanation of whether the
the criteria to be applied in accordance with the relevant financial reporting framework,
n) in the case of a statutory audit of consolidated financial statements the nature and
the scope of the audit work performed by an auditor from a third country or
the auditor from a third country, which are not members of the network as auditor
carrying out statutory audits of the consolidated accounts,
about) information about whether an entity has provided to the auditor all it
the requested explanations and documents, and
p) information about any
1. major problems that occurred during the statutory audit,
2. important facts that were in connection with the mandatory
the audit discussed with management of the entity, and
3. other matters arising from the statutory audit, and that
the Auditor considers it necessary to specify or auditor drew the attention and
If such notice shall be deemed to be significant for ensuring the integrity of
accounting systems and financial reporting. ".
191. In § 47 para. 1 the first sentence, the words ", the auditor from another Member
the State Auditor in another Member State and the auditor "shall be deleted.
192. In § 47 para. 2 (a). (c)), the number "2" the following text ", 14".
193. In § 47 para. 2 (a). (d)), the text "section 43" is replaced by "article. 13
European Parliament and Council Regulation (EU) No 537/2014 ".
194. In § 47 para. 3 (b). (d)), the number "2" the following text ", 14".
195. In § 47 para. 3 (b). (e)), the text "section 43" is replaced by "article. 13
European Parliament and Council Regulation (EU) No 537/2014 ".
196. In article 47, paragraph 4 shall be deleted.
Paragraphs 5 to 8 shall become paragraphs 4 to 7.
197. In § 47 para. 4 the first sentence, the words "paragraphs 2 to 4" shall be replaced by
the words "paragraph 2", the words "quality control" shall be replaced by the words "system
quality assurance "and the second in the sentence, the word" control "shall be replaced by
"ensure".
198. In article 47, paragraph 5 shall be deleted.
Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.
199. In § 47 para. 5, the words "to 4 or auditor who has not completed
the requirements referred to in paragraph 6 shall be replaced by "and 3".
200. In § 48 para. 1, the number "4" is replaced by "3", the word "control"
shall be replaced by "ensure" and the words "Title VI" shall be replaced by
"titles VI and XI".
201. In § 48 para. 3 (b). (b)), the word "control" shall be replaced by
"ensure".
202. In § 49 paragraph 1. 2, letter b) the following point (c)), which read as follows:
"(c)) not to disrupt trade secret protection law, banking
the secret or the protection of industrial and intellectual property accounting
Unit in which the auditor performed or carried out by the audit function, ".
Subparagraph (c)) and (d)) shall become points (d) and (e)).)
203. In § 49 paragraph 1. 2 (a). (d)), the word "control" is replaced by "for the
the purpose of "and the words" Title VI "shall be replaced by the words" titles
Vi and XI ".
204. In § 49 paragraph 1. 2 (a). e) point 1, the words "the community" is replaced by
the words "of the European Union or would result in a violation of the laws of the
governing the protection of classified information and activity reporting
services ".
205. In § 49 paragraph 1. 2 (a). (e)) at the end of the text of point 2, the words
"or if it was already in such proceedings to a final decision."
206. In paragraph 49, the following paragraph 7 is added:
"(7) in the case of arrangements for cooperation with the competent authorities of third countries
on the exchange of information in the field of the supervision of Auditors to carry out statutory
audits of public-interest entities shall proceed according to the article. 36 to 38
European Parliament and Council Regulation (EU) No 537/2014. ".
207. In § 49a para 1 shall read:
"(1) the statutory auditor or a natural person, that were lost in the audit
permissions, is guilty of an offence, by taking such a position in the business unit
the person in the key function in conflict with paragraph 14i or § 43a. ".
208. In § 49a is inserted after paragraph 1, paragraph 2, which reads as follows:
"(2) the statutory auditor shall be as specified by the key audit partner
§ 7 para. 1 commits an offence, contrary to the directly applicable
the EU regulation governing a specific mandatory requirements
audits of public-interest entities will not terminate participation in the execution of the statutory
public-interest entity audit no later than 7 years after his appointment
the key audit partner or perform statutory audit body
the public interest before the expiration of 3 years after it ended its participation in the
carrying out statutory audits as a key audit partner. ".
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
209. In § 49a para. 3, the text "section 24b para. 1 "is replaced by the text" section AA
paragraph. 1. "
210. In § 49a is for paragraph 3, the following paragraph 4 is added:
"(4) the statutory auditor as a person in charge of the review of the quality management
the audit engagement commits an offence, contrary to the directly
the applicable law of the European Union governing the specific requirements for
statutory audits of public-interest entities does not keep records of the results of
engagement quality control review. ".
The current paragraph 4 shall become paragraph 5.
211. In § 49a para. 5 (b). and) the words ' paragraph 1 ' shall be replaced by
"paragraphs 1, 2 or 4".
212. In § 49a para. 5 (b). (b)), the figure ' 100 000 ' is replaced by ' 200
000 "and the number" 2 "is replaced by the number" 3 ".
213. In paragraph 49, the following paragraph 6 is added:
"(6) for the offence referred to in paragraph 1, 2 or 4 statutory
Auditor separately save also the measures referred to in § 25 para. 1 (b).
a), b), (d)) or e). ".
214. § 49b and 49 c, including the following titles:
"§ 49b
Administrative offences of legal entities and natural persons-entrepreneurs
(1) the statutory auditor carrying out the audit function on their own behalf
and on its own account or the audit firm is guilty of an administrative
tort by
and requires or accepts from) public-interest entity reward for the implementation
the statutory audit, which is contrary to section 16,
b) contrary to section 17a. 5 notifies the testimony of the commitment of the Treaty on the
statutory audit or withdrawal from the contract on the statutory audit of the Council, the
c) fails to comply with information requirements under § 21 para. 3, 4, 5 or § 43d
or a regulation of the European Parliament and of the Council (EU) No 537/2014
d) does not provide the Czech National Bank on the basis of its request for information and
explanations regarding the course of the statutory audit and the knowledge gained on the
the basis of the statutory audit of public interest in the subject, which is subject to
supervision of the Czech National Bank pursuant to § 21 para. 6,
e) contrary to section 24f paragraph 2. 5 does not perform the corrective measures,
f) contrary to section 43b para. 1 and 2, the public-interest entity,
its parent corporation ^ 25) with its registered office in the Czech Republic, or
its subsidiary business corporation ^ 25) with its registered office in the Czech Republic,
non-audit services referred to in article 14(2). 5 (3). 1 (b). and (i))), section iv)
to vii) and in (b). f) European Parliament and Council Regulation (EU) No.
537/2014,
g) contrary to section 43b para. 4 provide public-interest entity, its
parent business corporation or its subsidiary of the business corporation,
non-audit services not specified in the article. 5 (3). 1, or
h) contrary to section 43c will carry out the statutory audit.
(2) the statutory auditor carrying out the audit function on their own behalf
and on its own account or the audit firm is guilty of an administrative
tort, contrary to the directly applicable European Union law
specific requirements relating to the statutory audit of public
the interest of the
and fails to comply with information requirements,)
(b)) receives from public-interest entity, its parent corporation
or its subsidiary corporation, the remuneration for non-audit services
not mentioned in the article. 5 (3). 1,
(c)) has discussed with the audit committee the risks threatening the independence of the
the auditor and the safeguards to their limits,
(d)) to provide public-interest entity, its parent corporation
or its subsidiary business corporation, non-audit services referred to in article 14(2).
5 (3). 1 the second subparagraph (b). and) point ii) and (iii)), (b). b) to (e))
or (b). g) to)
(e)) have examined the provision of non-audit services, whether listed in article 1(1). 5
paragraph. 1 and 2 subsidiary body of public interest for which
the statutory auditor carrying out the audit function on their own behalf and
on his own account or an audit firm carries out the statutory audit,
a member of the network to which the statutory auditor carrying out the audit function
on its own behalf and on their own account or an audit firm belongs,
threatens its independence,
(f)) has assessed the threats to independence,
g) nezdokumentuje threats to independence,
h) with the audit committee has discussed the potential risks to the
the independence of the auditor and the safeguards to their limits,
I) fail to make the audit engagement quality control review or does not ensure
quality control review of the audit engagement,
j) does not record of the results of the review of the audit quality management
of the contract or is not retained for a specified period,
the auditor's report, is not produced)
l) is not produced or fails to submit an additional report to the audit committee
designated by the audit committee,
m) has discussed with the audit committee, the management or control body of the
additional message specified by the audit Committee at the request of the Committee
for audit,
n not to new supplementary auditor) the message specified by the Committee for
audit or information submitted to the Council pursuant to article. 12 and 13,
about) is not produced or not to publish a report on transparency,
p) do not submit Council a list of audited entities,
q) will not keep the information or records referred to in article 14(2). 15, or
r) introduces a procedure for regular rotation of people gradually.
(3) the statutory auditor carrying out the audit function on their own behalf
and on its own account or the audit firm is guilty of an administrative
tort by when performing statutory audits of public-interest entity
and) contrary to section progresses 3,
b) fails to comply with the code of conduct under section 13,
c) in contravention of section 18 shall take place in accordance with the standards on auditing
modified by the law of the European Union and the auditing standards issued by the
The Chamber or the internal rules of the Chamber pursuant to § 21 para. 1 (b). and)
or
(d)) does not result in the audit file under section 20a para. 1 to 3.
(4) the audit firm is guilty of an administrative offense to the fact that
contrary to the directly applicable European Union law governing the
specific requirements for statutory audits of public-interest entities
provides a procedure for determining how to resolve the disagreement between the key
audit partner and the person conducting the quality control review
the audit engagement.
(5) a legal or natural person conducting business as a member of the network to which
belongs to the auditor carrying out statutory audits of public-interest body,
committing an administrative offense by that, contrary to the directly applicable
the EU regulation governing a specific mandatory requirements
audits of public-interest entities
and public-interest entity), its parent corporation
or its subsidiary business corporation, non-audit services referred to in article 14(2).
5 (3). 1 the second subparagraph (b). and) point ii) and (iii)), (b). b) to (e))
or (b). g) to), or
b) provide public-interest entity, its parent corporation
or its subsidiary business corporation, non-audit services not specified in the
article. 5 (3). 1 without the approval of the audit committee pursuant to article. 5 (3). 4.
(6) an entity commits an administrative offense by that, contrary to section
17A. 5 notifies the termination of the contract of undertaking statutory audits or
withdrawal from the Treaty on the statutory audit of the Council.
(7) an administrative offense shall be fined in the
1 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). (b)), (c)),
d) or (e)), paragraph 2 (a). and), c), (e)), f), (g)), h), (j)), k), (l)), m)
n), o), p), q) or r), paragraph 3 (b). (d)) or paragraphs 4 or 6,
(b) 5 000 000 Czk), in the case of an administrative offence referred to in paragraph 2 (a). I) or
paragraph 3 (b). a), b) or (c)),
(c) Eur 10 000 000), in the case of an administrative offence referred to in paragraph 1 (b). and)
(f)), g) or (h)), paragraph 2 (a). (b)), or (d)), or to paragraph 5.
(8) For administrative offence referred to in paragraph 1, 2, 3 or 4 can be individually
Save also the measures referred to in § 25 para. 1 (b). a), b), (d)) or e). ".
§ 49 c
Administrative offences Chamber
(1) the Chamber of committing an administrative offense, by
and) keep a register, in violation of § 11 (1) 1 to 6 or § 12 to 12d,
b) organise and manage quality control in contrary to section 24a of para. 2,
(c) the Council does not submit the draft plan) quality controls under section 24b para. 1 or
2,
(d)) performs a quality control in violation of § AA paragraph 1. 1,
(e)) does not control the quality, established by the Council under section 38 paragraph 1(a). 2 (a).
(j)),
(f)) where the Council of the Chamber's internal rules, a code of ethics or
auditing standards before release according to § 31 para. 2 (a). (c)),
g) does not provide documents and information to the Council in accordance with § 31 para. 3,
h) contrary to § 31 para. 4 will prevent the performance of the Council
failure to provide the necessary synergies.
(2) for the administrative offence referred to in paragraph 1 shall be fined up to $300 000. ".
215. under section 49 c shall be inserted a new section 49d to 49 g, including headings
shall be added:
"§ 49d
Administrative offenses subject to the public interest
(1) public-interest entity committing an administrative offense, by
and) determine the Auditor in violation of § 43 para. 1,
(b) does not inform the Council about the destination) of the Auditor in accordance with § 43 para. 6,
(c)) have established an audit committee in accordance with section 44,
d) contrary to section 44 para. 7 does not publish on its website
list of the members of the audit committee, or does not publish the data that is written to the
members of the supervisory body in the commercial register, or
e) its audit committee or body which, under section 44b of paragraph 1. 2 exercises
activities of the audit committee and that is according to the article. 11 (1) 1 second
subparagraph of the regulation of the European Parliament and of the Council (EU) No 537/2014
the designated beneficiary of the additional reports to the audit committee, has referred to the
request the appropriate form this message without undue delay in accordance with § 44aa
paragraph. 2.
(2) public-interest entity is further committed the administrative offense to the fact that
contrary to the directly applicable European Union law governing the
specific requirements for statutory audits of public-interest entities
and fails to comply with information requirements,) or
(b) where the auditor with additional) the message specified by the audit Committee on the
the request of the auditor.
(3) an administrative offense shall be fined in the
1 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). (b)), (c)),
d) or (e)), or paragraph 2,
(b)) 10 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and).
section 49e
Provisions common to administrative offences
(1) a legal person and a natural person-entrepreneur for the administrative offence
does not match, if it proves that made every effort, which was
may be required to prevent a violation of legal obligations.
(2) when determining the type of penalties and assessments will take into account the seriousness of the
the administrative offense, in particular, the manner in which it was committed to its consequences and
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 within 1 year from the date on which it learned, no later than
However, within 6 years from the date on which it was committed.
(4) the time limit referred to in paragraph 3 is not running
and in the case of the demise of the permission) for the performance of the audit work,
(b)) for the for the same deed led to criminal proceedings or
disciplinary proceedings, or
(c)) after the time that the case resulted in court proceedings of the Board.
(5) administrative offenses under § 49a-49d dealt with by the Council.
(6) income from fines is the Czech Republic's State budget revenue.
section 49f
The publication of the decision on administrative tort
(1) the Council, in cooperation with the Chamber of Commerce shall ensure that after the acquisition of legal power
the decision in the register without undue delay, published
the decision of an administrative offense. Exposes the sentential part of the decision on the
the administrative tort.
(2) by way of derogation from paragraph 1, proceed in the case, if the
the publication of the decision on administrative offence endangers the stability of the financial
markets, the ongoing criminal proceedings against the Auditor, or
cause disproportionate damage to the parties. If the Council has doubts as to the
the possible threat to the stability of the financial markets, it may obtain the opinion of the
The Czech National Bank; the annex to the application a copy of the decision of the administrative
tort.
(3) the Council does not ensure publication of the decision on administrative tort
of the statutory auditor in the register, if the disclosure of personal data
It was disproportionate to the nature and severity of the administrative offense.
(4) where the procedure under paragraph 2 or 3, the Council shall publish the decision
on administrative tort without placing the information permitting the identification of the
the Auditor, on whose administrative tort was decided immediately after the
When the decision has become final.
(5) if the decision on administrative tort brought, it shall publish
The Council of this fact on their website. The Council shall publish the
in the same way as well as information on the outcome of the judicial review.
(6) the contents of the publication of the decision of an administrative offense shall not be
data allowing identification of the persons, other than the Auditor, on whose administrative
tort was decided.
section 49 g
Deletion of penalty for an administrative offence
(1) after a period of 7 years from the date of the decision on the imposition of
penalties penalties for administrative offence deemed to zahlazenou; in the case of
the sanctions ban passed from the date on which it was enforced measures
the ban, the period of 7 years.
(2) in the case of a decision on administrative tort published according to §
49f para. 1, the Council shall ensure, in cooperation with the Chamber without undue
delay to the deletion from the register after the expiry of the period referred to in paragraph 1.
(3) If penalties cannot be zahlazena the auditor or other person
regarded as if they committed the administrative offence.
(4) Zahlazená the sanctions must not be published in the register. ".
216. section 50, including the title reads as follows:
"§ 50
Relationship to other laws
(1) On the procedures and proceedings, the provisions of the administrative procedure, if
This law provides otherwise.
(2) unless otherwise provided by this Act, the matters of quality controls in accordance with §
24 to 24i and investigation under section 40b is followed by control order. ".
217. under section 50 shall be added to § 50a, which including the title reads as follows:
"§ 50a
A mandate
The Ministry of finance will issue a decree to implement section 40a para. 1. ".
Article II
Transitional provisions
1. Act No. 93/2009 Coll., in the version in force from the date of entry into force of
This Act shall apply for the first time for the verification of the financial statements or
the consolidated financial statements for the financial period beginning on the day on 17.
June 2016 or later.
2. The audit test, made up according to law No. 93/2009 Coll., as amended by
effective before the date of entry into force of this Act shall be deemed to
the audit test of compound according to law No. 93/2009 Coll., as amended by
effective from the date of entry into force of this Act.
3. the Successful execution of the partial tests in accordance with Act No. 93/2009 Coll., as amended by
effective before the date of entry into force of this law, is recognised as a successful
execution of tests in accordance with Act No. 93/2009 Coll., as amended by
effective from the date of entry into force of this Act. The successful execution of all
subtests pursuant to Act No. 93/2009 Coll., in the version in force prior to the
the effective date of this Act, is considered to be the composition
auditor pursuant to Act No. 93/2009 Coll., in the version in force from
the effective date of this Act.
4. The auditor and statutory auditor carrying out the audit
activities in its own name and for its own account in accordance with Act No. 93/2009 Coll.,
in the version in force before the date of entry into force of this law, shall establish
management and control system under section 14 c, procedures under section 14 d of paragraph 1. 1,
procedures or other measures in accordance with § 4E of para. 1 and 2 and section 14f para. 2
Act No. 93/2009 Coll., in the version in force from the date of entry into force of this
law, not later than 3 months from the date of entry into force of this Act.
5. quality control, initiated before the date of entry into force of this Act
shall be completed pursuant to Act No. 93/2009 Coll., in the version in force before the date of
entry into force of this Act.
6. the time limits set out in section 27 para. 1, § 25 para. 7 and in article 49 c of paragraph 1. 3
Act No. 93/2009 Coll., in the version in force before the date of entry into force of
This law, which started to run before the date of entry into force of this
the law shall be assessed pursuant to Act No. 93/2009 Coll., in the version in force prior to the
the effective date of this Act.
7. the proceedings initiated pursuant to section 26 or section of the first title X of Act No.
93/2009 Coll., in the version in force before the date of entry into force of this
the law shall be completed in accordance with Act No. 93/2009 Coll., in the version in force prior to the
the effective date of this Act.
8. To determine the kind and amount of measures or sanctions for disciplinary transgressions and
administrative offence committed under existing legislation as of the date
entry into force of this Act, the provisions on the determination of the type and
the acreage of measures and sanctions according to law No. 93/2009 Coll., in the version in force
from the date of entry into force of this Act, if it is for the offender
more profitable.
9. the auditor Assistants registered in the register of Auditors of the date of application
the effectiveness of this Act become assistants of the auditor under the Act No.
93/2009 Coll., in the version in force from the date of entry into force of this Act.
10. Professional practice as an Assistant Auditor carried out according to law No. 93/2009
Coll., in the version in force before the date of entry into force of this Act,
considered professional experience as an assistant auditor pursuant to Act No. 93/2009
Coll., in the version in force from the date of entry into force of this Act.
11. Until such time as the Ministry of finance will issue detailed implementing legislation
governing the remuneration of the Executive Board of the Council for public oversight of
the audit, the provisions governing the compensation of members of the Executive Board and
The President of the Council pursuant to Act No. 93/2009 Coll., in the version in force prior to the
the effective date of this Act.
12. the Chamber of Auditors of the Czech Republic within 6 months from the date of acquisition
the effectiveness of this law will establish an effective mechanism to report violations of
or suspected violation of this Act pursuant to § 31 para. 6 of law No.
93/2009 Coll., in the version in force from the date of entry into force of this Act.
13. the Council for public oversight of the audit within 6 months of the effective date
the effectiveness of this law will establish an effective mechanism to report violations of
or suspected violation of this Act pursuant to section 40e Act No. 93/2009
Coll., in the version in force from the date of entry into force of this Act.
14. the internal regulations and the statutes of the Chamber of Auditors of the Czech Republic issued by the
According to law No. 93/2009 Coll., in the version in force prior to the date of acquisition
the effectiveness of this law which are not in accordance with Act No. 93/2009
Coll., in the version in force from the date of entry into force of this law, the Chamber is
of Auditors of the Czech Republic is obliged to reconcile within 6 months from the date of
entry into force of this Act.
15. the internal regulations and the Statute of the Council for public audit oversight
issued pursuant to Act No. 93/2009 Coll., in the version in force prior to the date of acquisition
the effectiveness of this law which are not in accordance with Act No. 93/2009
Coll., in the version in force from the date of entry into force of this Act, the Council is
for public audit oversight required to reconcile within 6 months from the
the effective date of this Act.
16. The contractual arrangements between the company and the third party, which is
the determination of the audit firm or the statutory auditor of the executing
audit activity on your own behalf and on their own account for the statutory audit of
restricted to certain categories or lists of statutory auditors or
audit firms, expires on the effective date of
of this Act.
17. With the exception of the cases referred to in article 3(1). paragraph 41. 1 and 2 of regulation
The European Parliament and of the Council (EU) No 537/2014 in the case of the audit
the contract for the public-interest entity which has reached the end of the duration of 10 years
in the period from 17 January 2004. June 2014 to the day preceding the date of acquisition
the effectiveness of this law, § 43 para. 4 of law No. 93/2009 Coll., on
the version in force from the date of entry into force of this Act, in the case that the
carrying out the statutory audit for the period immediately following the
the expiry of 10 years duration of this audit engagement was carried out
the selection procedure in accordance with article 6(1). Article 16(1). 2 to 5 of the regulation of the European
Parliament and of the Council (EU) No 537/2014.
PART TWO
Amendment of the Act on electronic acts and authorized document conversion
Article. (III)
Act No. 300/2008 Coll., on electronic acts and authorized the conversion of
the documents, as amended by Act No 190/2009 Coll., Act No. 219/2009 Coll.,
Act No. 227/2009 Coll., Act No. 263/2007 Coll., Act No. 167/2009 Sb.
and Act No. 503/2009 Coll., is amended as follows:
1. In section 4, paragraph 4. 3 the first sentence, after the words "to the lawyer," the words
"statutory auditor", and the second in the sentence after the word "lawyers"
the words "statutory auditors".
2. in article 15, paragraph 7, the following paragraph 8 is added:
"(8) the Chamber of Auditors of the Czech Republic shall immediately inform the Ministry of
on the registration of persons in the register of Auditors about the information held about the person in the
the register of Auditors necessary for the establishment of a data box and
changes and termination of authorization to pursue this audit work
of the person. ".
Paragraphs 8 and 9 shall be renumbered 9 and 10.
3. in article 15, paragraph 2. 10 is the number "8" is replaced by "9".
Article IV
Transitional provisions
1. the Chamber of Auditors of the Czech Republic will send the founder and Manager of the data
mailbox information kept in the register of statutory auditors Auditors
valid on the date of entry into force of this Act necessary for the establishment of a
data boxes statutory auditor within 30 days from the date of acquisition
the effectiveness of this Act.
2. the founder and administrator of the data boxes will establish a statutory auditor
data mailbox entrepreneurial natural persons on the first day of the first
the calendar month of the first year after the date of entry into force of this Act.
This does not prejudice the right of the statutory auditor on the establishment of the data boxes
entrepreneurial natural persons on request.
PART THREE
Changing the law on amendments to certain acts in connection with the adoption of the law on
their retirement savings
Article. In
Act No. 377/2015 Coll., amending certain laws in relation to
the adoption of the law on the termination of the pension plan, shall be amended as follows:
1. the twenty-fourth part of the will, including the title.
2. at the twenty-ninth article. XXXII (b). (b)), the words "twenty-fourth"
shall be deleted.
PART FOUR
The EFFECTIVENESS of the
Čl.VI
This Act shall take effect on the first day of the month following the date on
its publication.
Hamáček in r.
Zeman in r.
Sobotka in r.
