Overview (table of contents) Chapter 1 Auditor competence and organization of the Board
Chapter 2 preparatory
Chapter 3 job's decision
Chapter 4 Publication and report, and more. The full text of the Executive order on the Auditor Committee
Under section 43 (1) 1. section as well as section 43, paragraph 7, of law No. 468 of 17. June 2008 on the law about approved Auditors and audit firms (revisorloven) shall be determined:
Auditor competence and organization of the Board
§ 1. Auditor Board handles complaints that a chartered or certified accountant in the exercise of duties under section 1, paragraphs 2 and 3, of the law on the approved Auditors and audit firms (revisorloven), overrides the duties of the position entails. In cases where the Disciplinary Board for Chartered and registered accountants so far have been competent to deal with violations of the law on State authorised and registered Auditors, decided questions about violations committed before the entry into force of law No. 468 of 17. June 2008, however, after the existing rules. Before the Act's entry into force cases are brought before the Disciplinary Board for Chartered and registered accountants, finalized by the statutory auditor Committee.
(2). Complaints about an auditor's remuneration as well as collegial cases can not be referred to the Auditor the Board.
§ 2. Auditor Committee consists of a President and 2 Vice-Presidents, of which at least one Member should be a high court judge. Auditor Committee consists in addition of 12 other members, 3 of which must be certified public accountants, 3 must be registered Auditors and 6 are representatives of accounting users. Representatives of accounting users may not within the past 3 years have been approved Auditors.
(2). For each Member, with the exception of the President and the Vice-Presidents-designates a alternate 2.
(3). Committee members and alternates shall be appointed by the Danish Commerce and companies Agency for a period of 4 years.
(4). The Chairman shall decide on the basis of an assessment of the individual case how many and which members to participate in these proceedings. The number of Auditors should always correspond to the number of representatives for accounting users.
(5). Apart from cases that are decided by the President alone pursuant to section 7, the Auditor the Board's handling of a case that relates to chartered accountants, at least part 1 chartered accountant. Similarly, the Board's handling of a case involving registered accountants at least part 1 registered auditor. In cases where disqualification may be considered, see. section 44 (2) and (4) of the Act on approved Auditors and audit firms (revisorloven), subject to a minimum of contribute 2 respectively registered Chartered Accountants.
§ 3. None of the Committee members must take part in any proceedings, when after the code of Civil Procedure Act rules would be disqualified as a judge.
(2). A member shall give the Board notice of circumstances, which could lead to his disqualification, in accordance with article 3. (1).
(3). Questions about a member's capacity, should as far as possible, be brought before the Board's treatment of the case begins.
(4). Auditor Committee to decide whether a member may participate in a case treatment.
§ 4. The President shall organise the Auditor the Board's work, including the work of the Secretariat.
(2). Time, place and agenda for the Committee's meetings shall be fixed by the Chairman, who shall ensure their call. Is a meeting in public, see. § 9, paragraph 3, it shall, with a minimum of 3 days notice shall be published, indicating the time and place of the sitting-on the Auditor the Board's website www.disciplinaernaevnet.dk or in the Official Gazette.
(3). Of Committee meetings, a protocol must specify the time and place of the meeting, whether the meeting has been publicly which members who participated, as well as the names of the persons who have been present as parties or on their behalf or for their assistance. The Protocol implemented by the way after the President's detailed provision in each case.
(4). The President directs negotiations at Committee meetings.
(5). The Chairman shall ensure that the cases be promoted with due speed.
(6). A breakdown of the individual cases between the President and the Vice-Presidents shall be determined by the Chairman. The Vice-Chairmen shall, in the cases of the President is left to them, the powers conferred by this Ordinance vested in the President.
§ 5. A complaint must be made in writing to the Auditor the Board, kronprinsessegade 8, St., 1306 købehavn K.
(2). The complaint must contain a statement of the facts to be assessed by the Tribunal. A complaint must be filed with the Auditor the Board no later than five years after the Act or omission contrary to a duty which the complaint relates, has ceased.
(3). With the complaint should follow a fee of DKK 500 fee is not Included, the Chairman shall fix a time limit for payment, and the application as inadmissible, if the payment is not made at the latest by the deadline.
(4). For complaints lodged by the Danish Commerce and companies Agency, the financial supervisory authority, the Danish Ministry of taxation, municipal or regional regulatory authorities, the Prosecutor's Office, the Association of Chartered Accountants, Registered Auditors Association FRR or Auditor oversight, however, paid no fee.
§ 6. Law on open Government and Administration Act applies to the Board's activities.
§ 7. The President rejects the complaints, which are not covered by the Board's jurisdiction, including complaints from people who have no interest in the fact that the complaint is concerned, as well as complaints in advance must be deemed manifestly unfounded.
§ 8. Auditor Committee shall send the copy of the complaint letter with any annexes to the respondent with invitation to comment within a specified time limit. At the same time, the respondent have information that the Tribunal may meet with a person, possibly a lawyer, and that the complaint will be dealt with on this basis, if the respondent does not correspond to the proceedings.
(2). Defendant's opinion with any annexes must be submitted to the complainant. The President will find it necessary, the Parties shall have the opportunity to make further submissions to a prescribed time frame.
(3). The Chairman shall ensure that the necessary information to these proceedings is available, and that the necessary investigations are carried out. At any time during the proceedings may obtain further information.
(4). The Chairman shall ensure that the parties become aware of information from the other party, when these must be considered of importance to the merits of the decision, unless critical account of public or private interests to the contrary, including the account of client's business relationships or economic conditions.
On the circumstances of the decision
§ 9. The parties have the right to appear before the Tribunal and testify Auditor.
(2). The President may permit other persons summoned to give evidence to the Committee.
(3). Auditor Committee meetings are not public. The President may, in accordance with the parties ' wish to allow the public access to Committee meetings, unless this is going to be able to add any undue infringement, including by business or operational secrets divulged.
§ 10. A complaint can be dealt with by written procedure, if none of the parties wants to appear before the Tribunal, and there is a consensus among the members hearing the case.
§ 11. Auditor the Board's decisions are made by ordinary majority vote.
(2). A decision must be substantiated and represent the minority setting.
(3). The decision cannot be brought before another administrative authority.
Publication and report, etc.
§ 12. Auditor Committee's decisions shall be entered in a Protocol, which must be signed by the President.
(2). Auditor Committee's decisions shall be sent to the parties, the Association of Chartered Accountants, Registered Auditors Association FRR as well as to the Danish Commerce and companies Agency.
(3). Auditor the Committee's rulings are published. The publication is done in the Retsinformations database, on the Board's website, or both.
(4). Receive complaints in whole or in part upheld, the Board or the Chairperson may Auditor on its behalf provide for full or partial repayment of the paid fee. The same applies, if the complaint is rejected.
§ 13. Auditor Board publishes an annual report on its activities.
§ 14. The notice shall enter into force on the 1. July 2008.
The Danish Commerce and companies Agency, 26. June 2008 Niels Henrik Englev/Mohamed