Law of 12 June 2008, amending the Law Monitoring Auditing Organisations and Book 2 of the Civil Code, pursuant to Directive No 17 of the European Parliament and of the Council of 12 June 2008 on the implementation of the Law 2006 /43/EC of the European Parliament and of the Council of the European Union of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Directives 78 /660/EEC and 83 /349/EEC, and repealing Council Directive 84 /253/EEC (PbEU L 157)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration that Directive No 2006 /43/EC of the European Parliament and the Council of the European Union of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending the Directives 78 /660/EEC and 83 /349/EEC of the Council, and repealing Directive 84 /253/EEC of the Council (PbEU L 157) requires the adaptation of the Supervisory Law Monitoring Organisations and Book 2 of the Civil Code ;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 Article 12b of the Audit Organisations Act shall not apply to audit organisations of a third country issuing declarations as referred to in that paragraph, subject to the conditions set out in paragraph 2.
2 An audit organisation of a third country asks for registration as intended within one month of the entry into force of this Law Article 11, first paragraph, of the Audit Organisations Act and submits, within three months of this application, the particulars and documents referred to in Article 12c, second paragraph , to the Financial Markets Authority.
3 The first paragraph shall apply until an irrevocable decision on the application for registration is taken.
4 The Financial Markets Authority shall decide within 12 months of the date of entry into force of this Act on an application as referred to in paragraph 2. Pending a decision of the Commission of the European Communities as referred to in Article 45, sixth paragraph, or 46, second paragraph, of the Directive, the Authority may suspend the decision until 12 months from the date of the adoption of this decision by the Commission. decision has been taken by the European Communities.
5 An audit organisation of a third country which has applied for registration as referred to in paragraph 2 shall be entered as such in the register provided for in the second paragraph of this Article. Article 11 . The Financial Market Authority shall pass this registration as soon as it has been irrevocable on the application.
This Law shall enter into force on a date to be determined by Royal Decree.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
' s-Gravenhage, 12 June 2008
The Minister of Finance,
W. J. Bos
The Secretary of State for Justice,
N. AlbayrakPublished the 27th June 2008
The Minister of Justice,
E. M. H. Hirsch Ballin