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Amendments To The Law "on Sworn Auditors"

Original Language Title: Grozījumi likumā "Par zvērinātiem revidentiem"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on sworn auditors" make law "on sworn auditors" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2001, no. 12; 2004, nr. 4; 2007; 2008, 10 No No 14) the following amendments: 1. To supplement the law with article 18.1 as follows: "article 18.1. Information on sworn auditor certificate suspension and revocation of (1) a sworn auditor certificate if it is stopped or sworn auditor's certificate is revoked, the person which is also entered in the register of another Member State Auditor, who shall be entitled to make a company established in that Member State in the annual report and consolidated accounts audit (inspection), the Latvian Council of sworn auditors Association about the fact in writing within five working days, inform the Ministry of finance specifying the certificate and the period of suspension or cancellation of the certificate.
(2) the first paragraph of this article, the information Ministry of finance no later than five working days, send to the competent institution of the Member State concerned to court. "
2. Add to the third subparagraph of article 19 with the following sentence: "the statement of a sworn auditor certifies the signature."
3. Supplement article 23 with 5.1 and 5.2 in part as follows: "(51) If a licence is suspended or cancelled licence certified auditor company, which is also a member of the Auditors of the company is entered in the register, which is entitled to take this company registered in a Member State in the annual report and consolidated accounts audit (inspection), the Latvian Council of sworn auditors Association about the fact in writing within five working days, inform the Ministry of finance by specifying the term of suspension of the licence and the reason or reasons for cancellation of the licence.
(52) article 5.1 of this part of the information referred to in the Ministry of finance no later than five working days, send to the competent institution of the Member State concerned to court. "
4. in article 24: a supplement to the second part of paragraph 9 by the following: "9) if the certified auditor of the company is established in a foreign company, which, in accordance with the laws of the foreign country is entitled to take this country to a company's annual accounts and the consolidated annual report of the audit (inspection), also indicate the foreign register, in which the auditor has recorded, and company registration number (if the foreign law provides for auditor company recording register).";
make the third paragraph as follows: "(3) a change in any of the other parts of this article are 1, 2, 5, 6, 7, 8 and 9, for the particulars referred to in paragraph auditor company within two weeks of submitting the statement to the Latvian Council of sworn auditors Association. The notification shall be made in writing and signed by an officer acting on behalf of the certified auditor of the company. "
5. Supplement with 24.2 and 24.3 of chapter V of the article as follows: "article 24.2. Third-country Auditors and third-country auditor company registration conditions (1) the auditor of a third country or third country auditor company record third country Auditors and auditors from third countries in the register of companies of this law in accordance with the procedure laid down in article 24.1 only if it has received the opinion of the Ministry of finance that all part of this article, the following conditions are met: 1) the third-country auditor is a person who has an impeccable reputation and professional qualification is equivalent to a sworn auditor professional qualifications;
2) third country auditor company executive and Council (unless the Council is created) the majority of the members are persons whose professional qualification equivalent to a sworn auditor professional qualification and who have an impeccable reputation;
3) persons who are third-country auditor commercial companies on behalf of the auditor's report on this country to a company's annual report and the consolidated annual report are impeccable reputation and their professional qualifications is equivalent to a sworn auditor's professional skills;
4) third country registered company of the annual accounts or consolidated annual accounts audit (inspection) is carried out in accordance with the recognised international auditing standards or equivalent international audit standards and compliance with this statutory independence, impartiality and confidentiality requirements or equivalent third country requirements. Third-country auditor or auditors of the company of a third country in remuneration received for audit services, does not affect the additional services provided or other conditions;
5) the third-country auditor or auditors of the company of a third country on its website published transparency report, covering 33.1 this law laid down in the second subparagraph of article news or equivalent information.
(2) the opinion of the Ministry of Finance shall prepare, if third country third country auditor or the auditor of the company filled in the registration submission. The registration application form sample confirms the Cabinet of Ministers.
(3) Cabinet of Ministers sets referred to in this article in the opinion of the Ministry of finance, the specimen preparation and shipping arrangements.
Article 24.3. Recorded in the register of Auditors of third countries and third country auditors audit service of the company quality control auditor for third countries and third country auditors registered in the register of companies of a third country or third country auditor the auditor of a company shall be subject to this law, the Court laid down in article 35.1 of the quality control of the services, and these auditors and the auditor commercial companies apply this statutory disciplinary proceedings and the imposition of a penalty system. "
6. Supplement article 35.1 of fourth, fifth and sixth the following: "(4) the Ministry of finance authorized representative at least once a year check the service quality control requirements and the test report shall be drawn up. The Cabinet determines audit quality control compliance testing procedures, test report in the fall, as well as the contents of the test programme.
(5) the Ministry of finance authorized representative carrying out audit services, quality control requirements, have the right to consult the sworn auditor or certified auditor commercial companies audit working papers and the Association of Latvian certified auditor's audit services quality control messages. If the information in question contain business secrets, the Ministry of finance authorized representative shall comply with the requirements of confidentiality.
(6) The authorized representative of the Ministry of finance, which checks the audit services quality control requirements must not be the sworn auditor or person who supervised the sworn auditor provided audit services or have them delivered during the last two years, or is otherwise related to, or in the last two years been associated with the certified auditor certified auditor or company. The Ministry of finance authorized representative verifying audit services quality control requirements may not also be a sworn auditor relative to the third degree of relationship, the spouse, as well as a person who is otherwise interested in the results of the audit. The Ministry of finance authorized representative shall submit to the Ministry a written Financial statement that applies to him in that part of this article, those limitations. "
7. To supplement the law with article 36.1 as follows: "article 36.1. The responsible authority (1) the national policy in the field of auditing company developed and implemented by the Ministry of finance.
(2) the Ministry of Finance carries out Latvian Sworn Auditors Association, national supervision and cooperate with other Member States and third countries, the competent authorities in the field of audit. "
8. Article 37: replace the second sentence of the first subparagraph, the word "Committee" with the words "and the Commission";
to supplement the article with the fourth paragraph as follows: "(4) The authorized representative of the Ministry of finance, which implements the Latvian Council of sworn auditors Association and cooperation with other Member States and third countries, the competent authorities in the field of audit, can not be the person who, in the last three years before it started to discharge the responsibilities associated with supervision and cooperation, has provided audit services or had a voting member or shareholder or Board or Council Member If the employee is certified auditor company, or otherwise associated with the certified auditor company. "
9. in article 37.1: Supplement to the fourth sentence as follows: "the information received, the Ministry of finance are used only to assist in the investigation referred to in this article.";
Add to article 4.1, 4.2, 4.3, with 4.4 and 4.5 in part as follows: "(5) the Ministry of Finance shall immediately inform the competent institution of another Member State, if this article is referred to in the fourth paragraph of inquiry, are found in at least one of the following circumstances:

1) a person who is entitled to take a company established in another Member State of the annual accounts or consolidated annual accounts audit (inspection), has not adhered to the professional ethics, independence, objectivity, confidentiality requirements or is not registered in a public register, or not subject to a quality assurance system;
2) company registered in another Member State's annual accounts or consolidated annual accounts audit (check) is not made in accordance with the recognised international auditing standards or equivalent international audit standards;
3) company registered in another Member State's annual accounts or consolidated annual accounts audit (inspection) is performed by a person who is not entitled to do.
(42) the Ministry of Finance has the right to require from the competent institution of another Member State for information about investigative actions taken following receipt of the information on this article, the conditions listed in section 4.1, and about the course of the investigation revealed substantial facts, which may be based on the appropriate measures to prevent these conditions.
(43) If the Ministry of Finance receives information from the competent authorities of the other Member State that the sworn auditor or certified auditor company has not adhered to the requirements of this Act or that the companies registered in Latvia's annual accounts or consolidated annual accounts audit (inspection) is performed by a person who is not entitled to do so, the Ministry of Finance carries out the necessary investigations and inform the competent authority of another Member State on the results of this investigation and the measures taken.
(44) the Ministry of Finance has the right to request that the enquiries carried out in the territory of another Member State, the competent institution of that Member State or to another Member State the competent authority shall authorize the Finance Ministry authorised person participate in the competent institution of that Member State-led investigation.
(45) if the investigation is carried out in the territory of Latvia, the Ministry of Finance monitors throughout its investigation. "
10. Express transitional provisions of paragraph 9 by the following: "9. Amendments 19 and 24 of this law, in article 24.1 and 24.2 of this law, and 24.3 article shall enter into force on 29 June 2009."
The Parliament adopted the law of 29 January 2009.
President Valdis Zatlers in Riga V 2009 February 18, editorial comment: the law shall enter into force on March 4, 2009.