Key Benefits:
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Proposal for Law No 292 /XII
Exhibition of Motives
This Act approves the new Statute of the Order of Official Auditors of Accounts with the
goal to promote self-regulation and administrative decentralization with respect
by the principles of harmonisation and transparency of the professional audit exercise and
review of accounts.
The Constitution of the Portuguese Republic recognizes to professional public associations
autonomy and administrative decentralization to ensure, on the one hand, defence and
safeguarding of the public interest and fundamental rights of citizens and, on the other, the
self-regulation of professions whose exercise requires technical independence. Additionally,
establishes the Constitution of the Portuguese Republic that the professional public associations
can only be constituted for the satisfaction of specific needs, they cannot exercise
own functions of the trade union associations and that their internal organisation is based on the
respect for the rights of its members and in the democratic formation of its organs.
Considering the nature of the activity exercised by the official auditors of accounts, in defence
of the public interest it is shown to be appropriate to establish a legal framework that defines the aspets
related to the access and scope of action of these professionals and to establish the rules
general organization and operation of this professional public association, with full
respect for the constitutionally enshrined fundamental rights.
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The profession of the statutory auditors must be in the service of safeguarding the
transparency, the quality and the true and appropriate image of financial information
of the entities, constituting a guarantor of confidence for a proper functioning of the
markets. Being a guarantor of trust, extendable to multiple aspets and entities of the
economic and social life, public and private, it becomes necessary to define in a rigorous manner the
legal and normative framework applicable to all its members, independently
of the way they exercise their activity.
The importance of the profession is well ranking not only at the domestic level, but especially the
external level, in particular with the adoption of Directive No 2006 /43/CE, of Parliament
European and of the Council of May 17, 2006 on the legal review of annual accounts and
consolidated, already transposed into the internal legal order and which motivated the adaptation of the
Statute of the Order and the establishment of the National Board of Supervision of Audit (CNSA)
in 2008 by the Decrees-Leis n. ºs 224/2008 and 225/2008, respectively, both 20 of
november.
The new Statute of the Order of Official Auditors of Accounts, approved by this Law
contemplates the provisions laid down either in the said Directive No 2006 /43/CE, of the
European Parliament and of the Council of May 17, 2006, or in Law No. 2/2013, of 10
of January, relating to professional public associations, safeguarding the hierarchy of
community legal and regulatory provisions.
The community framework that regulates the profession of official auditors
justifies its distinguishing character in the face of the remaining professional orders, in particular
on what concerns the levels of demand in terms of independence in the exercise
professional, to the situations of incompatibilities to which its members are subject, to
hiring limitations, the stringent quality control mechanisms and the high
level of supervision to which the activity is subject, constituting the only professional order
subordinated to an external and independent supervisory body, which also has
responsibilities at the level of the exercise of the quality control of the activity.
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This exacting scrutiny to which the profession is subject constitutes, in and of itself, evidence of the
relevance of this profession and the role that play all members of the Order of the
Reviewers of Accounts and a guarantee of trust in the own acts of the reviewers
officers of accounts, regardless of the nature and size of the entities where the
same are practiced.
In this way it gives fulfillment to the understanding about the conditionals of Politics
Economic, signed on May 17, 2011, where the Portuguese State took on a
set of commitments before the European Union, the European Central Bank and the Fund
International Monetary, in particular with regard to professional qualifications and
regulated professions, by giving themselves execution, through this Law, to the commitment
assumed in respect of the official reviewer profession of accounts.
In the new Statute of the Order of Auditor Officers of Auditors have been introduced
improvements in the access regime to the profession, eliminating requirements, specifically from
nationality and specialized basic training, which were not shown to be justified or
proportional.
In this sense, the maintenance of the access examination as a guarantee of the
minimum knowledge laid down in Articles 7 and 8 of Directive No 2006 /43/CE, it was
extended the access basis so that the Order contributes to the defence of the right to choose
freely the profession or the genre of work, which presides over the access and exercise of the
profession.
It was also improved in the new Statute of the Order of Accountability Officers o
access regime for professionals from other countries in defence of professional recognition
acquired in another state, having been in particular in depth the principle of
reciprocity. A special scheme has been set up for Portuguese speaking countries, giving
thus response to the growing economic and social interaction with these countries.
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Finally, in the new Statute of the Order of Auditor Officers of Accounts were also
contemplated legal aspements relating to the services of the information society, in particular
of the e-commerce, in the domestic market, introducing standards with benefit to the
citizens and for professionals, at the level of access and provision of information.
It was heard the Order of Official Accounts Reviewers, the National Supervisory Board
of Auditing and the Insurance Supervisory Authority and Pension Funds.
Thus:
Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Article 1.
Object
This Act approves the new Statute of the Order of Official Auditors of Accounts, in
compliance with Law No. 2/2013 of January 10 laying down the legal regime of
creation, organization and operation of the professional public associations.
Article 2.
Approval of the new Statute of the Order of Official Auditors of Accounts
It is hereby approved, in the annex to this Act and of which it is an integral part, the new Statute of the
Order of Official Accounts Reviewers.
Article 3.
Transitional provisions
1-The provisions of this Law shall not affect the current composition of the organs of the Order of the
Reviewers of Accounts.
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2-Until the approval of the regulations referred to in the following paragraph shall remain in force
the regulations issued by the Order of Auditor Officers that do not
contravenes the provisions of the new Statute of the Order of Accounts Officiates,
approved in annex to this Law.
3-A Order of the Official Auditors of Accounts approves, within 120 days of the
date of the entry into force of this Law, the regulations laid down in the new Statute of the
Order of the Official Auditors of Accounts, approved in annex to this Law.
4-The situations that contravenes the provisions of the new Statute of the Order of Reviewers
Officers of Accounts, approved in annex to this Act, shall be regularised on the deadline
maximum of one year from the date of its entry into force, without prejudice to the provisions of
in the previous numbers.
Article 4.
Abrogation standard
1-The Statute of the Order of Official Auditors of Accounts, approved by the
Decree-Law No 487/99 of November 16, amended by the Decrees-Laws
n. ºs 224/2008, of November 20, and 185/2009, of August 12.
2-The regulations passed under the Statute of the Order of Official Reviewers of
Accounts, approved by the Decree-Law No. 487/99 of November 16, amended by the
Decrees-Laws No 224/2008, of November 20, and 185/2009, of August 12, which no
contravenin the provisions of Law No. 2/2013 of January 10 and in this Law, they remain
in force until the publication of the new regulations.
3-When statutory, statutory or contractual provisions refer to legal precepts
repealed by this Law, it is understood that the remission is worth to the correspondents
provisions of the new Statute of the Order of Official Auditors of Accounts, approved in
annex to this Law, unless the interpretation of those impuser different solution.
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Article 5.
Entry into force and production of effects
1-A This Law shall come into force 30 days after its publication.
2-The provisions of Article 77 (3) of the new Statute of the Order of Official Reviewers
of Accounts, approved in annex to this Law, reports its effects on January 1 of
2015.
Seen and approved in Council of Ministers of March 12, 2015
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
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ANNEX
(referred to in Article 2)
STATUS OF THE ORDER OF THE OFFICIAL REVIEWERS
Title I
Organisation and professional scope
CHAPTER I
Order of Official Accounts Reviewers
SECTION I
General provisions
Article 1.
Nature and legal regime
1-A Order of the Official Auditors of Accounts, abbreviately designated Order, is the
public professional association to whom it competes to represent and group its members,
enrolled in the terms of this Statute, as well as superintending in all
aspements related to the profession of official reviewer of accounts.
2-A Order is a collective person of public law who, in the exercise of his powers
public, practise the administrative acts necessary for the performance of their duties and
approves the regulations provided for in the Act and in this Statute.
3-Ressalved the cases provided for in the law, the acts and regulations of the Order are not
subject to government approval.
4-A Order has own heritage and own finances, as well as of
budgetary autonomy.
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Article 2.
Geographical scope and headquarters
1-A Order has national scope and registered office in Lisbon.
2-A Order may hold facilities and function at different locations of the head office, as
provided for in the following article.
Article 3.
Operation of services at different locations of the head office
1-A Order has Regional Services in the North, located in the city of Porto.
2-Northern Regional Services have the nature of devolved services of support
to the official reviewers of domicile accounts in that region.
3-Northern Regional Services are directed by the President or the Vice President of the
directional board.
Article 4.
Administrative tutelage
The administrative tutelage on the Order rests with the member of the Government responsible for the area
of the finances.
Article 5.
Representation
1-A Order is represented, in judgment and outside of it:
a) By the bastonary;
b) By any of the members of the board of directors in whom the bastonary, for such
effect, delight its powers, without prejudice to the constitution of mandatary with
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specific powers for the act or for a set set of acts.
2-For the defence of its members in all matters pertaining to the exercise of the profession
or performance of positions in the organs of the Order, whether dealing with responsibilities that
they are required to want of offenses against them practiced, may the Order exercise the
assistant rights or grant sponsorship in proceedings of any nature.
Article 6.
Attributions
They constitute attributions of the Order:
a) To regulate the access and exercise of the profession throughout the national territory;
b) Exercise jurisdiction over everything that respects the review / audit activity at
accounts and related services, of companies or other entities, of agreement
with the audit standards in place;
c) Grant, in exclusive, the professional title of official reviewer of accounts;
d) Grant the title of professional specialty;
e) To ensure the social function, dignity and prestige of the profession, to promote respect
by the respected ethical and deontological principles and defend the interests, rights
and prerogatives of its members;
f) Award prizes or honorific titles;
g) Participate in the drafting of legislation that concerns the access and exercise of the
profession or which falls within the scope of its specific assignments;
h) Recognizing the professional qualifications obtained outside the national territory, in the
terms of the law, the law of the European Union or international convention;
i) To promote and contribute to the further outreach and vocational training of their
members;
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j) Exercising disciplinary jurisdiction under the terms of this Statute;
k) To promote and support the creation of complementary social security schemes in
benefit of the official reviewers of accounts and keep track of their functioning;
l) To propose to legally competent entities measures relating to the defence of the profession
and of the function of the official reviewers of accounts and their professional interests and
morals;
m) Create, affiliate, associate, or participate in the capital of entities, national or
foreigners, and with them collaborate, with a view to the realization and fostering of studies,
research, training actions and other work that promote the
improvement and dissemination of the principles, concepts and accounting standards
and of review / audit of the accounts;
n) To propose to the Government, in articulation with the normalizing entities, to
regulation of accounting aspets susceptible to allowing for a more
efficient review / audit of the accounts;
o) Ensure the enrolment of the official reviewers of accounts, of the reviewer societies
officers of accounts and other forms of professional organisation of the reviewers in
public registration and promote the conditions permitting the disclosure
public;
p) Ensure all procedures and define specific regulation that
respect for examinations, internships and enrolment, pursuant to this Statute;
q) Collaborate with the Government in enhancing the review / audit of the accounts of
companies and other entities of the business and administrative public sector;
r) Define standards and technical acting technical schemes, having in
consideration of internationally required standards;
s) Disciplining the consulting activity exercised by its members who find themselves
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provided for in paragraph c ) of Article 48;
t) Promote the publication of a magazine with scientific information objectives,
technical and cultural;
u) Certify, whenever it is asked, that the official reviewers of accounts if
they find in full exercise of their professional capacity in the terms of the
this Statute;
v) Exercise the remaining functions assigned to it by this Statute or by
other legal provisions.
Article 7.
Insignia
The Order is entitled to adopt and to use symbol, standart and own seal, as per
model approved in representative assembly, upon proposal of the board of the governing board.
SECTION II
Members
Article 8.
Categories
The Order has the following categories of members:
a) Statutory auditors of accounts;
b) Members trainee;
c) Honorary members.
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Article 9.
Official reviewers of accounts
1-Are official reviewers of accounts those who are compulsorily enrolled in the
respects list.
2-The provisions of the preceding paragraph shall also comprise the societies of official reviewers
of accounts.
Article 10.
Trainee members
1-Are trainee members those who have obtained approval in the entrance exam to the
Order and be enrolled in the professional stage.
2-The trainee members can participate and benefit from social, cultural and cultural activity
scientific of the Order and inform itself of its activity.
Article 11.
Honorary members
1-Can be honorary members the natural or collective persons, national or
foreign, which, by exercising or having exercised activity of recognized interest
public to the profession, be deserving of such a distinction.
2-Honorary members can participate and benefit from social, cultural and cultural activity
scientific of the Order and inform itself of its activity.
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SECTION III
Organs
SUBSECTION I
Organs in general
Article 12.
Organs
They are national bodies of the Order:
a) The representative assembly;
b) The general election assembly;
c) The top council;
d) The bastonary;
e) The board of directors;
f) The disciplinary board;
g) The tax advice.
Article 13.
Deliberations
1-The deliberations of the collegial bodies of the Order are taken by a simple majority, save
provision expressed otherwise in the present Statute, and exhorted in minutes.
2-In any of the collegiate bodies of the Order, the respected President or who the
substitute has a quality vote.
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Article 14.
Exercise of positions
1-The exercise of executive, disciplinary and watchdog functions in organ of the Order is
incompatible with each other.
2-The post of holder of organ of the Order is incompatible with the exercise of any
leadership roles in the civil service and with any other function with which to
check out a manifest conflict of interest.
3-Without prejudice to the provisions of the following number, the exercise of functions in the organs of the
Order is free.
4-Members of the organs of the Order are entitled to compensation, on the part of the
Order, by the charges borne, pursuant to the terms set by the representative assembly.
SUBSECTION II
Representative assembly
Article 15.
Representative assembly
1-A representative assembly is composed of 45 members elected by universal suffrage,
direct and secret, and which are found in the full exercise of their rights.
2-A The election of the members of the representative assembly is effected by district colleges,
by way of ensuring the proportional representation system and the method of the average
higher Hondt, sensing the provisions of Article 20, with the necessary
adaptations.
3-Considered the number of effective elective members of election in each college
district, the lists should also integrate the forecast of alternates, in number equal to
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half of the number of effectors, with a minimum of one and a maximum of three.
4-Members of the representative assembly are representative of all reviewers
officers of accounts who are natural persons.
5-A representative assembly elects, from among its members, the members of the table, the
which consists of a president, a vice president and a secretary.
6-In the absence or impediment of the President, his / her competences are exercised
successively by the vice-president and the secretary.
7-A representative assembly shall convene in sessions of ordinary character or
extraordinary, designated, respectively, by ordinary representative assembleys
or extraordinary representative assemblies.
Article 16.
Competence
It shall, in particular, compete with the representative assembly, without prejudice to other powers
provided for in this Statute:
a) Approve the acquisition and loss of the quality of honorary member of the Order;
b) Appreciate the activity and performance of social bodies;
c) Approve the compensations to be awarded for the effective exercise of duties in the organs of the
Order;
d) Approve, annually, the plan of activities and ordinary budgets and
supplementary, as well as the annual report on the performance of assignments
of the Order, which includes the accounts of the previous financial year;
e) Authorize the acquisition, disposal and oneration of immovable property, provided that such acts do not
are included in activity plan and annual budget duly
approved;
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f) Approve, by an absolute majority, the amount of quotas and the fees and emoluments to
charge for services provided;
g) Approve recommendations and issue motions on associative, professional matter
or technique;
h) Deliberation on the proposals for enrolment and examination and internship regulation
and respects amendments, to be approved by the member of the Government
responsible for the area of finance;
i) To approve the electoral regulation, the regulation of regional services of the north, the
disciplinary regulation and too much regulations, with the exception of the regulation of the
congress of the official auditors of accounts, as well as the respects
changes;
j) Deliberating on proposals for amendments to this Statute;
k) Deliberating on all matters that are not understood in the
specific competences of the remaining organs of the Order.
Article 17.
Common provisions to all sessions of the representative assembly
1-A representative assembly shall be convened by its Chairman, upon
written communication addressed to its members, with the minimum advance of 15 days,
owing the order of the day and the place appearing on the notice of the convocation.
2-Without prejudice to the provisions of the following number, the meetings of the representative assembly
have started at the time marked in the convocation, with the presence of more than half of their
members.
3-When the minimum number of members provided for in the number is not present
previous, the session has started half an hour later, with the presence of any number of
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members.
4-The member of the representative assembly may make himself represented by another member in the
representative assembly, and may not, however, represent more than three others
members.
5-As an instrument of voluntary representation is required a written document,
duly signed, addressed to the Chair of the desk which is filed in the Order by
a period of five years.
6-A representative assembly can only deliberate on the subjects included in the respect
order of works.
7-The official reviewers of accounts wishing to submit some matter to the assembly
representative must apply for the president, in advance of at least 10
days of the date of the meeting, which will make you enroll on the agenda.
8-If you consider it convenient and timely to your appreciation, the chair of the table effectuates the
respect to the addition, being the obligatory enrollment if it is required by at least
a tenth of the official reviewers of accounts in the full enjoyment of their rights.
9-The addition to the agenda shall be brought to the attention of the members of the
representative assembly in the three days immediately after the formulation of the
application for enrollment.
10-A representative assembly table should draw up draft regulation of the respect
organ, for approval in representative assembly.
11-The deliberations of the representative assembly are given to be known to all reviewers
officers of accounts.
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Article 18.
Ordinary representative assembly
1-A The ordinary representative assembly meets, by convening of the President, to
appreciate the activity and performance of the social organs, approve the compensations to
ascribe for the effective exercise of functions in the organs of the Order and approve the plan of
activities and the budget.
2-A representative assembly meets until the end of the month of March to discuss and vote on the
report of the directional board of performance of the tasks of the Order, which shall
include accounts referring to the previous period, as well as, in essence, information
on the execution of the activity plan of the period under consideration.
3-A representative assembly convene in the month of December to discuss and vote on the plan to
activities and the ordinary budget for the following year, except in the event of elections, in
which gathers in the 30 days following the taking of possession.
4-The ordinary representative assembly is still to be able to pronounce on any others
subjects included in the order of work.
Article 19.
Extraordinary representative assembly
The extraordinary representative assembly meets, by determination of the President:
a) Whenever the bastonary and the top, directional, disciplinary or tax advice o
judge necessary;
b) When the rewant one third of its members or one tenth of the reviewers
officers of accounts in the full enjoyment of their rights;
c) Whenever the superior interests of the Order advise you.
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SUBSECTION III
General election assembly
Article 20.
General election assembly
1-A The table of the general election assembly consists of the same members of the table of the
representative assembly.
2-Are not admitted to vote in general assembly election the statutory auditors
that they do not find themselves in the full enjoyment of their rights.
3-Members of the representative assembly are elected every three years in assembly
general election, to be held for effect in November, commencing the term of office
on the January 1 of the following year.
4-A voting is taken:
a) Presentially, working, for the purpose, polling stations for a period of
twelve hours, at the head office and in the regional facilities;
b) By correspondence.
5-Election results are to be released up to three days after the vote is held and
on the same date is marked new assembly for election of the unelected bodies in the
previous scrutiny, to which it is due to take place within 30 days.
6-Elected members take possession before the president of the general meeting's desk, to the
which are also presented the respects applications for exoneration are also presented.
7-A General assembly elections can be convened extraordinarily if you check the
need to proceed to early elections or to the removal of members of organs
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social.
Article 21.
Competencies
It shall, in particular, compete with the general election assembly, without prejudice to other powers,
provided for in this Statute:
a) Electing and impeding the members of the representative assembly;
b) Electing and impeding the members of the top council;
c) Elect and impeach the bastonary and the remaining members of the board of directors;
d) Electing and impeding the members of the disciplinary board;
e) Elect and impeach the members of the tax council.
Article 22.
Election of the holders of the organs
1-The members of the representative assembly, the bastonary and the members of the councils
directive, disciplinary and fiscal are elected by the general election assembly, through
secret ballot, being their three-year term.
2-The mandates of the bastonarium and the presidents of the remaining bodies of the Order are
renewables only for one time.
3-A The vote focuses on lists by social organs, except as for the bastonary, whose
election is done by way of its integration into the list of the board of directors, in which figure
as president.
4-The lists shall be disclosed up to 15 days before the date set for the general meeting
electoral.
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5-Risterous the case of the election of the members of the upper council, it is considered to be elected to
list that:
a) Being unique, obtain the absolute majority of the votes cast in general assembly;
b) Not being unique, get the highest number of votes, as long as it is superior to the
sum of the void and white votes.
Article 23.
Continuation of the performance of social posts
The members of the previously elected bodies remain in exercise until they take possession
the new members who will succeed them.
Article 24.
Electoral regulation
Representative assembly approves the electoral regulation, on the basis of proposal of the
board of directors and in the terms of this Statute.
SUBSECTION IV
Top board
Article 25.
Top board
1-The higher board consists of 15 official reviewers of accounts in exercise,
distributed by constituencies proportionally to the number of official reviewers
of accounts with professional domicile in each of them.
2-The districts in which the number of official reviewers of accounts does not reach enough for
to match them a representative are aggregated with other districts until they reach the
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minimum number required.
3-A The election of the members of the top council is effected by district colleges, by
how to ensure the proportional representation system and the method of the mean more
high of Hondt, sensing the provisions of Article 20, with the necessary
adaptations.
4-The lists shall, depending on the number of effective elective members of Election in
each district college, integrate also alternating members, in number equal to half
of the number of effectors, with a minimum of one and a maximum of two.
5-In the event of permanent impediment or vacancy of the office of any member
effective, for your replacement is called the reviewer who in the respect list of the same
electoral college figure immediately below.
6-It is considered permanent impediment to the unjustified lack of three meetings
consecutive board of the top council.
7-The top council elects from among its members:
a) The President;
b) The vice-president;
c) Two secretaries.
Article 26.
Competence
1-The top board is the supervisory body to whom it competes to give advice on:
a) The plan of activities and the ordinary and supplementary budgets and respects
reports;
b) The creation of technical commissions and the setting of remunerations and too much allowances
of the members ' respects;
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c) All regulations that must be submitted for consideration of the assembly
representative;
d) The annual continuing education plan that is submitted to you by the council
directive;
e) All subjects submitted to you by the bastonary and by the advice
directive, disciplinary and fiscal;
f) The amount of the quotas, fees and emoluments to be collected and on the compensations to
award for the effective exercise of any office in the organs of the Order;
g) To appreciate the resources of the decisions of the disciplinary board.
2-Compete still to the top council:
a) Appreciate and instruct the processes of acquisition and loss of the quality of members
honorary of the Order, on its own initiative or from the board of directors, as well as
present the proposed respectable to the plenary composed of the assembly table and
by the members of the remaining bodies of the Order, to appear prior to the deliberation
in representative assembly;
b) Overseeing the legality of the activity carried out by the organs of the Order;
c) Check in advance the legal or statutory compliance of internal referendums;
d) Exercise all the remaining functions set out in the law of public associations
professionals in the part concerning the supervisory body.
3-The top council must draw up and approve your regiment.
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Article 27.
Meetings
1-The top council brings together:
a) By convocation of your President or, in the impediment of this, of your vice-president;
b) At the request of at least five of its members.
2-The meetings of the top council shall assist, without the right to vote, the bastonary and the
presidents of the remaining organs of the Order.
3-Whenever you understand it, the top board may request the presence and hearing of
honorary members in their meetings.
SUBSECTION V
Bastonary
Article 28.
Bastonary
1-The bastonary is the president of the Order and, by inherence, chairman of the board of directors.
2-In the event of permanent impediment or vacancy of the office, the chairman of the table of
general assembly interinely assumes the functions of bastonarium, without prejudice to the
provisions of Article 30 (2), until the expiry of the term of office, if less than one year is missing
to its conclusion, or until a new election is held.
Article 29.
Competence
1-Compete to the bastonary:
a) Represent the Order, in judgement and outside it;
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b) Drive the services of the Order;
c) Chair to the board of directors;
d) Drive the magazine of the Order;
e) Presiding over the congress of the official reviewers of accounts;
f) Exercise the remaining powers that the law and regulations confirm to you.
2-The bastonary can delegate competencies in the vice-president of the board of the board, without
prejudice to the provisions of paragraph b) of Article 5 (1).
SUBSECTION VI
Board of directors
Article 30.
Board of directors
1-The board of directors shall be constituted by:
a) A president, who is the bastonary;
b) A vice-president;
c) Five vowels.
2-In the event of permanent impediment or vacancy of the office:
a) The President is replaced by the Vice-President;
b) The vice-president is replaced by a vowel designated by the bastonary;
c) The vowels are replaced by the three alternates, according to the order's order
of seniority, which are to be elected in conjunction with the Vice-President and the
vowels.
3-It is considered permanent impediment to lack without justification to four meetings
mandatory and consecutive board of the board or to two consecutive sessions of the
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assembly.
Article 31.
Competence
1-To the board of directors, it shall compete to exercise the powers of the Order and the tasks that are to it
expressly set out in this Statute, by incumbent on it especially:
a) Draw up proposals for amendment of the code of ethics, to be submitted to the approval of the
representative assembly, for subsequent submission to the legislative body
competent;
b) Elaborate and submit the proposals for regulations, as well as the respects
proposed amendments, to be submitted to the approval of the representative assembly;
c) Scrutinizing the compliance of the precept on incompatibilities and impediments
inherent in the exercise of the function;
d) Collect the revenue from the Order and authorize the expenses;
e) To propose annually to the assembly representative the amount of quotas, fees and
emoluments to be charged by the Order;
f) Submit annually to the assembly representative the plan of activities and the
ordinary and supplementary budgets;
g) Organizing the services of the Order;
h) Organize, keep up to date, and electronically publish a record of reviewers
officers of accounts of which they construct, inter alia, the elements relating to their
professional activity, positions performed in the Order, praises received,
suspension and cancellation of enrollment and criminal and disciplinary penalties;
i) Carry out, at least every three years and once in the course of your tenure, the
congress of the official auditors and appoint its organizing committee,
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to which it elaborates the regulation of the congress and the respecting program;
j) Approve the creation of technical commissions, the definition of their functions and the
respects remunerations and too much allowances of its members;
k) To develop the actions necessary for the realization of the examination, stage and enrollment,
through a jury of examination, an internship committee and a commission of
inscription;
l) Approve the supplementary review / audit guidelines of the technical standards;
m) To ensure the functions of legal advice in the Order, particularly in
emerging issues of the exercise by the official auditors of their
functions;
n) To develop the subsequent actions to the application of disciplinary sanctions;
o) To propose the judicial actions necessary for the defence and pursuit of the interests of the
Order and its members;
p) To propose to the representative assembly to hold internal referendums on
issues sufficiently relevant to the exercise of the profession;
q) Draw up performance report of the tasks of the Order, including the accounts
at the end of each economic period to present to the representative assembly and
to the remaining entities defined by law.
2-To the board of directors, in general, compete to practise the remaining acts conducive to the
realization of the tasks of the Order and taking deliberations in all matters other than
are of the exclusive competence of the other organs.
3-The board of directors shall draw up and approve its regiment.
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Article 32.
Health
1-The board of directors can only deliberate with the presence of at least four of its
members, being one of them the president or the vice president.
2-The board of directors obligatorily brings together all the fortnight and whenever its
president convening him.
SUBSECTION VII
Disciplinary board
Article 33.
Disciplinary board
1-The disciplinary board consists of five members, being a chairman and four
vowels.
2-Conjointly with the effective members must be elected two alternates, which the
replace, by order of seniority, in the event of permanent impediment or
vacancy of the office.
3-It is considered permanent impediment to the unjustified lack of two meetings
consecutive disciplinary board.
Article 34.
Competence
1-The disciplinary board is an independent body in the exercise of its functions, to which
compete:
a) Judging, in 1 th instance, the disciplinary infractions committed by the official reviewers
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of accounts and trainee members;
b) Give advice on the complaints of the companies or other entities to whom the
reviewers officers of accounts prestakes services of matters related to the
exercise of their duties;
c) Carry out the enquiries expressly set out in this Statute
or to any others requested by the remaining organs;
d) To propose to the board the legislative or administrative measures with a view to
to supply gaps or interpret the subjects of their competence.
2-The disciplinary board shall draw up and approve its regiment.
Article 35.
Health
1-The disciplinary board meets by convening the president and can only deliberate with the
presence of this and of at least two of its vowels.
2-The disciplinary board may make itself an advisor in the performance of its duties by
jurists.
SUBSECTION VIII
Tax advice
Article 36.
Tax advice
1-The tax council consists of a president and two vowels, exerting one of them a
role of official reviewer of accounts.
2-Conjointly with the effective members must be elected an alternate, which replaces them,
in the event of permanent impediment or vacancy of the office.
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3-It is considered permanent impediment to unjustified absence to three meetings
consecutive tax advice or two consecutive sessions of the assembly
representative.
4-The tax advice may only be deliberated by the presence of its chairman and at least
one of your vowels.
5-The tax board meets ordinarily once a quarter and extraordinarily
whenever the president or the two vowels jointly summon him.
6-Compete to the President coordinate the proceedings of the tax council, without prejudice to,
joint or separately, the members of this council proceed to the acts of
verification and inspection that they consider convenient for the fulfillment of their
supervisory obligations.
Article 37.
Competence
1-Compete to the tax council:
a) Scrutinizing compliance with the law, statutes and regulations, as well as of the
deliberations of the assemblies;
b) Scrutinise the management and operation of the Order;
c) Elaborate report on your scrutinizing action and issue opinion on the report and
accounts for each financial year, to be submitted up to 15 days prior to the holding of the assembly
representative of approval of accounts;
d) Convene the representative assembly when the respective table does not, being
linked to the convocation.
2-The tax council shall draw up and approve its regiment.
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3-For the performance of its function may the members of the tax council, joint or
separately, attend the board meetings directives whenever they consider it
convenient.
4-The members of the tax council are still required:
a) To be involved in the meetings of the tax council as well as at board meetings
directive so that the president of the same shall convot them or in which they are appreciated
accounts of the exercise;
b) To give notice to the board of the supervisory board of the verifications and representations that
have done and the results of them;
c) To be informed, at the first representative assembly that is carried out, of all the
irregularities and inaccuracy by them verified and, well, if they did not get
the clarifications of which they needed for the performance of their duties;
d) To request the convening of the representative assembly whenever in the exercise of the
your duties take knowledge of facts or occurrences that, constituting
serious irregularities, endanger the idoneity or prestige of the Order.
CHAPTER II
Internal referendums
Article 38.
Object
1-A Order can promote, at the national level, the holding of internal referendums to their
members, with binding character, intended to subject the vote to the issues that the
board of directors, after obtained opinion favorable from the top council, consider
sufficiently relevant for the exercise of the profession.
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2-The questions should be formulated with clarity and for yes or no answers.
Article 39.
Organization
1-Compete to the board of directors, heard the top council, set the date of the referendum
internal and arrange the respect process for presentation to the representative assembly.
2-The content of the issues to be submitted to the internal referendum is disclosed to all the
members of the Order and must be the subject of clarification and debate meetings, without
deliberative character, to be held at the head office and in regional services.
3-Without prejudice to the provisions of the following number, the proposed amendments to the questions to
submit the internal referendum should be addressed in writing to the board of directors,
during the period of enlightenment and debate, being the underwriters
properly identified.
4-The proposed internal referendum subscriptions for a minimum of one tenth of the
statutory auditors of accounts in the full enjoyment of their rights cannot be the object of
change.
Article 40.
Effects
1-The binding effect of the internal referendum depends on the number of voters being higher
half of the official reviewers of accounts in the full enjoyment of their rights.
2-The results of the internal referendums are released by the board of directors after the
count of all the votes.
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CHAPTER III
Scope of acting of the official auditors
SECTION I
Functions
SUBSECTION I
Functions of public interest
Article 41.
Own acts of the statutory auditors in the exercise of functions of interest
public
1-Constituent exclusive competencies of the official reviewers of accounts, while acts
own, the following functions of public interest:
a) The legal review of the accounts, the audit of the accounts and the related services, of
companies or other entities, in the terms set out in the following article;
b) The exercise of any other functions that by law require the intervention of its own and
autonomous of official reviewers of accounts on certain acts or facts
heritage of companies or other entities.
2-Constituent also own acts of the official reviewers of accounts, any others
functions of public interest that the law ascribe to them as exclusive competencies.
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Article 42.
Audit of accounts
The audit activity to the accounts integrates examinations and other services related to the
accounts of companies or other entities effected in accordance with the auditing standards
in force, comprising:
a) The legal review of accounts exercised in compliance with legal provision and in the
context of the surveillance mechanisms of the entities or companies object of
review in which it imposes the designation of an official reviewer of accounts;
b) The audit of the accounts exercised in compliance with legal provision, statutory or
contractual;
c) The services related to those referred to in the above points when they have
a specific or limited purpose or scope.
Article 43.
Subjection
1-Companies or other entities become subject to the intervention of official reviewer of
accounts, within the framework of their review / audit functions to the accounts set out in the article
previous, when:
a) Such a result of legal, statutory or contractual provision;
b) Possess or should possess organized accounting in the terms of the referential
accounting applicable and meets the requirements set out in Article 2 (2)
262. of the Code of Commercial Societies.
2-Mediant portaria, may be excluded from the subjection mentioned in the preceding number as
companies or other entities deemed to be inactive or of an economic and social dimension
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not relevant for the purposes of the provisions of this Statute.
3-The provisions of paragraph 1 shall not prejudice, where the case may be, the assignments conferred on this
matter to the Court of Auditors or to any body of the Public Administration.
Article 44.
Processing of the legal review of accounts
1-A The legal review of accounts is carried out by the official reviewers of accounts that to the effect
have been elected or designated, as the cases, by the competent bodies of the
companies or entities that are the subject of such a review, in accordance with the provisions
legal applicable to these entities.
2-The official reviewers of accounts carrying out the legal review of accounts integrate the organ
of the examination of the entity examined or act autonomously, pursuant to the
applicable legal provisions.
3-The legal review exercise of accounts implies that the official auditors of accounts stay
subject to the complex of powers and duties that are specifically assigned to them by the
legal provisions governing the companies or entities that are the subject of such a review,
without prejudice to its own status set out in Title II.
4-In companies or other entities subject to the legal review of the accounts is mandatory to
legal certification of the accounts, to be issued exclusively by the official auditors of accounts
that exercise those functions.
Article 45.
Legal certification of accounts
1-Arising from the exercise of the legal review of accounts or whenever, by intervention
own and autonomous of the official reviewers of accounts under the law, be it to be required to give
opinion or opinion on certain acts or heritage facts that involve examination
of the accounts of companies or other entities, is issued, with the adaptations that in this
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case if show due, legal certification of the accounts.
2-A The legal certification of the accounts expresses the opinion of the official reviewer of accounts that the
individual and or consolidated financial statements present, or not, in a way
true and appropriate, the financial position of the company or of another entity, well
how the results of operations and cash flows, relatively to the date and period
the one they refer to, according to the financial reporting structure identified
and, where appropriate, that the financial statements respect, or not, the
applicable legal requirements.
3-A The legal certification of the accounts must conclude by expressing an opinion with or without
reservations, a scuses of opinion, an adverse opinion, with or without emphases, of agreement
with the modalities set out in the audit standards in force.
4-When the individual financial statements of the parent company are appended to the
consolidated financial statements, the legal certification of the consolidated accounts
can be conjugated to the legal certification of the parent company's individual accounts.
5-Verified the inexistence, significant insufficiency or concealment of matter from
appreciation, the official reviewers of accounts must issue declaration of impossibility of
legal certification, may only be issued legal certification of the accounts at a later date
if it comes to see that, in the meantime, the accounts have been made available or supply the
shortcomings identified in the said declaration of impossibility.
6-A legal certification of accounts and the declaration of impossibility of legal certification
are subject to the regimes of the right to information and registration and publication on the terms
of the respectful law.
7-A legal certification of the accounts, in any of their modalities, as well as the
declaration of impossibility of legal certification, are endowed with public faith, only
may be challenged by judicial route when defendants are argued for false-speaking.
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8-Judicial actions intended to reason for the falsity of legal certification of accounts or of the
declaration of impossibility of legal certification should be proposed within 120
days from the deadline for the registration of the provision of accounts or, when mandatory,
for their publication on the website of public access, or of the deadline for
publication that legally to replace, or still, if previous, of the knowledge of
certification or declaration of impossibility of certification by any other form.
9-In cases of public offers for distribution or other market operations
regulated, the time limit specified in the preceding paragraph is due to the date of the term
of the operation.
10-Is applicable to the auditor's report of securities issuers of securities
admitted to the trading on regulated market the scheme established for the
legal certification of the accounts, without prejudice to the provisions of the Code of Values
Securities.
11-A The subject matter of this article is the object of regulation through auditing standards,
which must comply with international auditing standards, save when:
a) Have per object matter that is not regulated by international standard of
audit;
b) The imposition of procedures or audit requirements, in addition or, in cases
excecional, short of international auditing standards, course of requirements
specific legal requirements as to the scope of the legal review of accounts.
Article 46.
Legal review of consolidated accounts
1-In the case of legal review of the consolidated accounts of a group of companies:
a) The official reviewer of group accounts has full responsibility for the certification
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legal of the accounts with respect to the consolidated accounts;
b) The official reviewer of group accounts must carry out and store the documentation of the
its analysis of the review work carried out by the auditors of third countries,
official reviewers of accounts, auditing entities of third countries or
companies of official auditors of accounts, for the purposes of the review or audit of the
group;
c) Where a part of a group of companies is examined by one or more
auditors or by one or more auditing entities of a third country with the
what no cooperation agreement exists, the official reviewer of accounts of the
group is responsible for ensuring proper delivery, when requested, to the Council
National of Audit Supervision, hereinafter referred to as CNSA, of the
documentation regarding your analysis of the review or audit work
carried out by the auditor or auditors or by the other entity or entities of
audit of the third country, namely the relevant working papers
for the review or audit of the group.
2-A documentation retained by the official reviewer of company group accounts, nos
terms of the previous number, should be sufficient for the CNSA to examine
conveniently the work of the official reviewer of group accounts.
3-To guarantee the delivery referred to in point c) of paragraph 1, the official reviewer of accounts of the
group should keep a copy of this documentation or, alternatively, agree with the
auditor or auditors of the third country or with the other entity or auditing entities
of the third country the proper and unrestricted access, when requested, or take
any other appropriate measures.
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4-In cases provided for in the preceding paragraph, if there are legal impediments or others to the
transmission of the working papers of the review or audit of a third country
for the official reviewer of group accounts, the documentation guarded by the official reviewer
of group accounts must contain evidence that such a reviewer has made the representations
suitable for obtaining access to review or audit documentation and, in the case of
impediments that are not arising from the legislation of the third country, evidence from that
impediment.
Article 47.
Reports
Following the conduct of audit of the accounts, of other services related to the
audit of the accounts, as well as of other functions that by law require the intervention of their own and
autonomous of the official reviewer of accounts on certain acts or heritage facts
of companies or other entities, report shall be issued describing the nature and the
extension of the work and the respect conclusion, according to the auditing standards in
vigour.
SUBSECTION II
Other functions
Article 48.
Other functions
They also constitute functions of the official reviewers of accounts, outside the scope of the functions
of public interest, the exercise of the following activities:
a) Lection;
b) Members of audit committees and supervisory or supervisory bodies
of companies or other entities;
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c) Consultancy and other services within the scope of subjects inherent in their training and
professional qualification, specifically assessments, peritages and arbitrations,
studies of reorganisation and restructuring of companies and other entities,
financial analyses, studies of economic and financial feasibility, training
professional, studies and opinions on accounting subjects, review of
tax returns, elaboration of studies, opinions and too much support and advice
in tax and parafiscal matters and review of environmental and environmental reports
sustainability, provided that it carried out with hierarchical and functional autonomy;
d) Administrator of insolvency and liquidator;
e) Administrator or manager of societies participated by societies of reviewers
officers of accounts.
SECTION II
Form of exercise of the functions and area of acting
Article 49.
Modalities
1-The official reviewer of accounts performs the functions contemplated in this Statute
in regime of complete functional and hierarchical independence in respect of companies
or other entities to whom it provides services, and may carry out its activity in one of the
following situations:
a) The individual title;
b) As a partner in the society of statutory auditors;
c) Under contract concluded with an official reviewer of individual accounts or with
a society of official reviewers of accounts.
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2-For the purposes of the provisions of this Statute, the official reviewers shall be deemed to be
accounts or business associates of official reviewers of accounts exercise the functions in it
contemplated, including the functions provided for in the previous article, in regime of dedication
exclusive when they are not simultaneously linked, through contract of
work or of another bond that implies some form of hierarchical subordination,
out of the scope of the said functions, the other company or entity.
3-The official reviewers of accounts whose activity is exercised under the terms of the ( c) of the n.
1 may carry out the functions contemplated in this Statute in regime of no
exclusive dedication, for a maximum period of three years from the date of
celebration of the first contract of service provision.
4-The contract referred to in para. c) of paragraph 1 shall be registered in advance in the Order,
by observing, in the applicable part, the provisions of Article 53 (2).
5-Only the official reviewers of accounts that exercise the functions contemplated in the present
Status in exclusive dedication regime, as well as the societies of reviewers
accounts officers in which all the partners are in these conditions, may hire
statutory auditors under the terms of the ( c) of paragraph 1.
Article 50.
Assignment
1-A designation of official reviewers of accounts or of the society of official reviewers of
accounts for the exercise of the legal review of the accounts of companies or other entities
it is up to the general assembly or to whom it has competence for the purpose, on the terms
of the applicable legal provisions.
2-In the lack of proposal for designation of official reviewer of accounts rests with the president of the
general meeting table do it or, in the absence of this, to the partner present holder of the largest
capital participation, or still, by having equal participation, to meet,
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successively, to the largest seniority of the partner and the age.
3-A designation of official reviewer of accounts or society of statutory auditors
between two assemblies is the competence of the respected table and, in its lack, of the organ of
management, and must be submitted for ratification by the following general meeting under penalty of
possible resolution of the contract by the official reviewer of accounts, without prejudice to the right to
remuneration corresponding to the period in which he performed duties.
4-A designation of official reviewer of accounts or society of statutory auditors
by issuers of securities admitted to trading in a market
regulated is governed by the provisions of the Code of Commercial Societies and the Code
of the Securities and by the regulations approved by the Market Committee of
Securities (CMVM).
5-A lack of official reviewer designation, within 30 days, must be
communicated by the respected governing body to the Order in the later 15 days and implies the
transfer to this of the assignment power.
6-The failure to comply with the provisions of the preceding paragraph shall be subject to the governing body to
responsibilities provided for in Article 72 of the Code of Commercial Societies and in
identical legal provisions relating to the remaining companies or other entities, without
injury from whether to maintain mandatory statutory review of the company's accounts or
another entity by an official reviewer of accounts, to be officiated by the same
Order, if any.
7-A designation of official reviewers of accounts or of the society of official reviewers of
accounts for the exercise of the legal review of company accounts or other entities and the
your registration in the competent Supervisory Authority are valid only in the case of those
have given their express written consent.
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8-A designation of official reviewers of accounts or of the society of official reviewers of
accounts for the exercise of any other functions of public interest which require the
your own and autonomous intervention is made in harmony with the legal provisions
applicable.
Article 51.
Area of acting
The official reviewers of accounts carry out their activity throughout the national territory,
it may also exercise it in the territories of the remaining states, in the established terms
by their respective legislations.
Title II
Professional status
CHAPTER I
Rights and duties
SECTION I
Specific rights and duties
Article 52.
Specific rights and duties
1-In the exercise of the legal review of the accounts, it is incumbent upon the official reviewer of accounts:
a) Elaborate legal certification document of the accounts, in one of their modalities,
or declaration of impossibility of legal certification;
b) Elaborate any other reports arising out of legal or statutory requirement,
in accordance with the standards or recommendations emanating from the Order;
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c) Subscribe to the report and or opinion of the supervisory body in which it integrates, without
loss of voting statement, if you understand it;
d) Being the case, to apply in isolation to the convening of the general meeting,
when the tax council, owing to do so, has not done so.
2-In the exercise of any other functions of public interest that by law require the
self-intervention and autonomous of official reviewers of accounts, in which there is obligation
of issuing certifications or reports, should the same observe the auditing standards
in force that show applicable to the case.
3-In the exercise of functions of public interest, may the official reviewer of accounts request the
third party information on contracts and movements of accounts between these and companies
or other entities where it exercises functions originated by purchases, sales, deposits,
responsibilities for accepted and avales or any other operations, basing, for the
effect, invoking its quality, which can be proven, if necessary, by the
presentation of the professional ballot.
4-In cases of lack of response within 30 days, or of insufficiency of the same, the
official reviewer of accounts can directly examine the writing and documentation of the
company or entity requested, although circumscribing the examination to the elements
requests.
5-If the acting referred to in the preceding paragraph is made it difficult, the official reviewer of accounts
may request in writing to obtain the same information through entity
legally competent, to which, for the purpose, when the case justifies it, charges a fee
to the company or other requested entity.
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SECTION II
Contracts
Article 53.
Contractual link
1-The official reviewer of accounts carries out its review / audit functions to accounts by
force of statutory, statutory or contractual provisions, upon contract of provision
of services, reduced in writing, to be concluded within 45 days from the date of
designation.
2-The contracts referred to in the preceding paragraph have as a reference the model fixed by the
Order, specifying, at least, the nature of the service, its duration and the fees
correspondents.
3-A The nullity of the contract for non-compliance in a written form is not objectiable to third parties of
good faith.
Article 54.
Inamovibility and rotation
1-The official reviewers of accounts designated for the exercise of the legal review of accounts
are unremovable before the term of office is terminated or in the absence of any indication of this or
contractual provision for periods of four years, save with your express agreement,
expressed in writing, or verified fair cause arguable in the terms provided for in the
Code of Commercial Societies and in respect legislation for the remaining companies or
other entities.
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2-In the entities of public interest the maximum period of exercise of functions of
audit by the partner responsible for the guidance or direct execution of the legal review of the
accounts is seven years, counting from your designation, and may be again
designated after a minimum period of two years has elapsed.
Article 55.
Ancillary obligations
1-Companies or other entities that celebrate with official auditors of accounts
contracts for the provision of services relating to the exercise of functions of public interest
are required to report to the Order, within 30 days, after the celebration of the same:
a) The name of the official reviewer of accounts or the firm of the society of official reviewers
of accounts;
b) The nature and duration of the service.
2-A resolution of the contract by the company or other entity to which the official reviewers of
accounts preshas services is communicated by the one to the Order within 30 days of
of the same and with an indication of the reasons that substantiate it.
3-If the resolution referred to in the preceding paragraph is based in fact attributable to the reviewers
officers of accounts, shall owe the Order, concluding by the lack of foundation for such, obtain
judicially the statement of lack of foundation of the contract resolution.
Article 56.
Supply of elements by company of official auditors
At the request of the companies or other entities with which there are contracts for the provision of
services, the society of official auditors of accounts provides free of charge:
a) Faithful and updated copy of the respected statutes;
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b) Certificate passed by the Demonstrative Order that you find yourself in full
ability to exercise professional exercise.
Article 57.
Official reviewer of advisor or executor accounts
In relation to each contract for the provision of services in the exercise of functions of
review / audit of accounts by virtue of statutory, statutory or contractual provisions, is
designated, at least, an official reviewer of individual accounts or as a partner of
society of statutory auditors of accounts, or an official reviewer of accounts exercising duties
under the terms of the ( c) of Article 49 (1) responsible for the guidance or implementation
direct of your fulfillment.
Article 58.
Duties of communication
1-Official reviewers of accounts must report to the Order, within 30 days, the beginning
and the cessation of all contracts for the provision of services relating to the exercise of
functions of public interest.
2-Official reviewers of accounts must provide the Order, in the conditions that they come to be
established by the board of directors, information of the professional activity exercised
annually, containing the identification of the customers, the caraterization of the functions, the
certifications of issued accounts, the billed fees and the period to which they respect.
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SECTION III
Fees
Article 59.
Fees and reimbursement of expenses
1-The exercise by the official reviewer of accounts of the functions provided for in this or other
legal diplomas confers the right to fees, payable by the company or other entity to
who provide services, in the terms set out in the respect contracts.
2-In addition to the fees, the statutory auditors are entitled to the refund, by the
companies or other entities to whom they provide services, of the transportation expenses and
accommodation and any others carried out in the performance of their duties.
Article 60.
Fixation of fees
1-In the exercise of any of the functions provided for in Article 41, the fees shall be set
between the parties, taking into account criteria of reasonableness that meet, in particular, the
nature, extent, depth and time of the work required for the execution of a
service in accordance with the audit standards in force.
2-A determination of the time of the work required for the execution of a service of
review / audit according to the audit standards in force is object of
regulation of the governing board.
3-In the exercise of any other functions contemplated in this Statute or
in other legal diplomas, the fees are set between the parties, having notably
in account the criteria set out in the preceding paragraphs.
4-The official reviewer of designated member-designate accounts, when taking up the exercise
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effective of the legal review functions of the accounts, are entitled to the fees that
would compete for the member to replace.
5-In the exercise of the functions of legal review of the accounts, the remuneration of the official reviewer of
accounts can never be lower than that of any of the remaining members of the organs of
supervision in which they include.
6-In the exercise of the functions of public interest, the honorarium of the official reviewer of accounts
can never call into question their professional independence and the quality of their
work, nor be influenced or determined by the provision of additional services to
company or other entity object of review or audit, nor be it in kind and nor
be contingent on or variable in function of the results of the work carried out.
SECTION IV
Professional ballot
Article 61.
Professional ballot
1-The official reviewer of accounts is entitled to a professional model ballot to approve
by the board of directors, which serves as proof of their quality and inscription on the list of the
official reviewers of accounts.
2-A The appreciation of a suspension process or voluntary cancellation obliges the preview
return of the professional ballot.
3-In the case of suspension or compulsive cancellation, the professional ballot must be
returned within the maximum of eight days from the notification of the decision handed down in the
process and carried forward on trial and, in the remaining cases, of the notification to the effect
logged in to the official reviewer of accounts by registered letter with notice of recetion.
4-The trainee members are entitled to a model ballot to be approved by the board
directive, which is returned in the event of interruption, desistance, deletion or term of the
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stage.
5-Honorary members are entitled to a model ballot and under the conditions to be approved
by the board of directors.
6-In the event of refusal to return the ballot, the Order may promote the respectful
judicial apprehension.
7-In the event of re-registration, new ballot is issued.
SECTION V
Duties
Article 62.
Duties in general
1-Members of the Order must contribute to the prestige of the profession by performing
with zeal and competence their duties, avoiding any acting contrary to the
dignity of the same.
2-Official reviewers of accounts must exercise their professional activity with
independence, responsibility, competence and urbanity, in accordance with the law
and the applicable regulations, the audit standards in force, the rules on
information and publicity and professional secrecy, respecting your customers, colleagues, the
Order and other entities, adopting a conduct that never endanger the
prestige and the good name of the profession.
3-With a view to the permanent update of their knowledge, the official reviewers of
accounts must attend vocational training courses to be promoted by the Order or
by this recognized, in the terms to be fixed in the training regulation.
4-For reasons of a deontological and disciplinary nature, the statutory auditors of accounts must
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allow the consultation of the books of writing or accounting and documentation
professional, upon notification of the Order, through the directional board or the
disciplinary board.
5-The official reviewers of accounts must arrange, in respect of the exercise of each
of the functions of public interest, an instructed process according to the standards of
audit in force, specifically with the evidence of the work carried out and with the
statement of reasons for the relevant findings in which they were based to formulate their
professional opinion, in such a way as to issue the legal certification of the accounts, the opinion or the
audit report and, as well, with documentation of all major risks
that may jeopardize their independence and the protective measures applied for
limit these risks.
6-The processes referred to in the preceding paragraph shall be retained for a period of
five years.
7-Official reviewers of accounts must make available to their customers, preferably,
via own website on the Internet, the information provided for in Article 20 of the Decree-
Law No. 92/2010 of July 26 on all aspets that do not contravenes the
specificities of the profession, and this matter should be the subject of regulation by
part of the board of directors.
Article 63.
Duty to draw up and release the transparency report
1-The official reviewers of accounts and the official reviewer companies of accounts that
carry out the audit to the accounts of entities of public interest, in the terms defined in the
article 2 of the Decree-Law No. 225/2008 of November 20, amended by the Decree-Law
n ° 71/2010 of June 18, they shall publish on their website, within three
months from the end of each financial year, an annual transparency report,
which should include at least:
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a) A description of the legal structure and the property;
b) Whenever the society of official reviewers of accounts belongs to a network, a
description of the network and the legal and structural provisions of the network;
c) A description of the governance structure of the society of official reviewers of
accounts;
d) A description of the internal system of the quality control of the society of
statutory auditors and a statement issued by the board of directors
or direction in respect of the effectiveness of its functioning;
e) An indication of when the last check of control was carried out
quality referred to in Article 70;
f) A listing of the entities of public interest for which the society
of official auditors held, in the previous financial year, a
legal review of the accounts or audit imposed by legal provision;
g) A statement on the independence practices of the society of reviewers
officers of the accounts, who also confirm the conduct of an internal analysis of the
compliance of these independence practices;
h) A statement on the policy pursued by the society of official reviewers of
accounts with respect to the continuing education of the official auditors;
i) Financial information that demonstrates the relevance of the society of reviewers
accounts officers, in particular the total turnover rebroken by the
fees earned by the legal review of individual and consolidated accounts and
by the fees billed in respect of other warranty services of
reliability, tax advisory services and other services unrelated to the
review or audit;
j) Information as to the remunerative basis of the partners.
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2-Mediant reasoned request of an official reviewer of accounts or of a society
of statutory auditors, the CNSA may authorize the non-disclosure of the
information referred to in para. f) of the previous number, to the extent necessary to mitigate
an imminent and significant threat to the personal safety of any person.
3-The transparency report shall be signed by the official reviewer of accounts or by
company of official reviewers of accounts, as the case may be, and may this signature be
made, inter alia, by electronic signature, as provided for in the Act.
Article 64.
Duty of communication to the supervisory body
1-The official reviewers of accounts or the official reviewer companies of accounts that
conduct audit of the accounts of entities of public interest should:
a) Confirm annually in writing to the tax board, the audit committee or the
general and supervisory board, as the case, for its independence
concerning the examined entity;
b) Communicate annually to the tax council, audit committee or council
general and supervisory, as the case, all additional services provided to the
entity examined; and
c) To examine with the tax board, audit committee or general counsel and
supervision, as the case, the threats to their independence and the safeguards
applied to mitigate these threats, documented in the terms of paragraph 5 of the
article 62.
2-The communications to which the points are referred a) and b) of the previous number must be
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effected prior to the drafting of the legal certification of accounts of the entity concerned.
Article 65.
Professional domicile
1-Members of the Order have their professional domicile on the spot that is on the record.
2-Members of the Order must communicate to you, within 30 days, any change
of their professional domicile or of the professional domicile indicated in accordance with paragraph 4
of Article 171.
3-The professional domicile cannot, in any case, rewear the form of an apparatedness,
postal box, electrolytic address or equivalent.
4-Without prejudice to the provisions of the preceding paragraph:
a) All requests, communications and notifications or statements, related to the
profession, between the Order and the official reviewer of accounts or the society of reviewers
officers of accounts, with the exception of those concerning disciplinary procedures, are
by electronic transmission of data, through the single electrolytic counter
of the Order, accessible through the site on the Internet of that;
b) The submission of documents in simple form under the previous paragraph
dispensing the consignment of the original, authentic, authenticated documents or
certificates, without prejudice to the provisions of the ( a) and c) of paragraph 3 and in paragraphs 4 and 5
of Article 7 of the Decree-Law No 92/2010 of July 26;
c) Where compliance with the provisions of the paragraph is not possible a) , on the grounds of
unavailability of the electrolytic platforms, as well as in cases where the
interested do not have means that will enable you to access them, the
transmission of the information in appreciation can be done by delivery in the Order, by
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shipping by mail under registration, by fax or by electro mail;
d) They are still applicable to the procedures that are elapsed between the Order and the reviewer
account officer or the society of auditors officers of the accounts the willing in the
points d) and e) of Article 5 and in Article 7 (1) of the Decree-Law No. 92/2010, of
July 26.
Article 66.
Observance of the standards, notices and determinations of the Order
1-Constitui duty of the members of the Order to observe the norms, the notices and the
determinations of it emanating.
2-A lack of response from the Member of the Order, within 20 days, to two notifications,
distanced from each other at least 20 days and effected by registered letters with notice of
prescription in respect of the performance of functional duties, constitutes grounds
for the introduction of disciplinary procedure.
Article 67.
Performance of posts by election or designation of the Order
1-Official reviewers of accounts must carry out the posts so that they are elected and
accept the posts so that they are designated by the Order, unless justifiable justification.
2-The non-compliance by the official reviewers of the obligations relating to the
exercise of positions in organs of the Order or others so that they have been elected or
designated by this leads to their removal from their respective posts, without prejudice to the
corresponding disciplinary procedure.
3-In the hypothesis provided for in the preceding paragraph, it is up to the competent organ for the designation
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for the office the deliberation of destitution.
Article 68.
Performance of professional roles by assignment of the Order
1-Official reviewers of accounts must perform the professional duties so that
are designated by the Order, particularly those referred to in Article 50 (5), save
if there is any incompatibility or hindrance.
2-A designation must be made of among those who express an interest in the performance of the
functions and, in their absence, by draw.
3-To the designation by draw in the terms of the preceding paragraph is opponents fair cause, the
appreciate for the disciplinary board.
Article 69.
Payment of quotas, fees, emoluments and fines
The members of the Order shall pay the quotas, fees and emoluments set by the
representative assembly, as well as the fines that are applied to them by the body
competent, on the dates and forms foreseen.
Article 70.
Quality control
1-Official reviewers of accounts are subject to quality control, which is exercised
by the Order, under the supervision of the CNSA, in compliance with the respect
regulation and with applicable Community standards.
2-The quality control of the activity carried out by the official auditors,
in respect of functions of public interest, must be exercised in accordance with
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an annual plan.
3-The quality control of the activity carried out by the official auditors,
relatively to functions that are not in the public interest, excluding exercise
of the lecturer, essentially consists of the verification of compliance with the law and the
regulations approved by the Order.
4-In addition to the quality checks provided for in the annual plan, they are, still, submitted to
control, by deliberation of the governing board, the official reviewers of accounts and the
companies of official auditors of accounts that, in the exercise of their professional activity:
a) Reveal manifest dissuitability of the human and material means used, in the face of
volume of services provided;
b) Present strong evidence of non-compliance with legal standards or regulations
or audit standards in force.
5-For the purposes of the provisions of the b) from the previous number, it is assumed that there are strong
indications of default of auditing standards, whenever the time spent on the
realization of the service or the fees practiced by the official reviewers of accounts
are significantly lower than those that would result from the application of the criteria
established by Article 60.
Article 71.
Duty of independence
1-In your professional activity the official reviewer of accounts must act free of any
pressure, influence or interest and should avoid facts or circumstances that are
susceptible to compromising their independence, integrity or objectivity, according to
with standards of a third objective, reasonable and informed.
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2-The official reviewer of accounts must refuse any work that may diminish your
independence, integrity and objectivity, particularly when there is any
financial, business, labor or other relationship, as is the provision, direct or
indirect, of supplementary services that are not for review or audit between the
official reviewer of accounts, the society of official auditors of accounts or the network and the
entity examined, by virtue of which a third objective, reasonable and informed,
would conclude that independence was compromised.
3-Whether the independence of the official reviewer of accounts or of the society of official reviewers of
accounts for affected by threats, such as self-review, personal interest, representation,
familiarity or trust or intimidation, should the reviewer or society adopt the
measures necessary to ensure the respect of independence, otherwise it should not
conduct the audit.
4-To the official reviewer of accounts is prohibited from conducting audit to entities of interest
public in case of self-review or personal interest.
5-The risk of self-review exists notably when an official reviewer of accounts, a
society of official reviewers of accounts, an entity of a network of societies or
a partner, manager or employee participates in the drafting of the accounting records
or of the client's financial statements of the legal review of accounts.
6-The risk of personal interest exists in particular when the independence of the reviewer
officer of accounts may be threatened by a financial interest of their own or by a
conflict of personal interests of another nature, specifically, by virtue of a
direct or indirect financial participation in the customer or an excessive reliance
of the fees to be paid by the customer for the review of accounts or other services.
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7-To the official reviewer of accounts of entities of public interest is prohibited the provision
concurrent, to those entities, auditing and any of the following services:
a) Drafting of accounting records and financial statements;
b) Conception and implementation of information technology systems in the field
accounting, unless such a society takes responsibility for the system
global internal control or service is provided in accordance with the
specifications by it defined;
c) Elaboration of actuarial studies designed to record your responsibilities;
d) Asset valuation services or financial responsibilities that represent
materially relevant amounts in the context of the financial statements and
in which the evaluation involves a high degree of subjectivity;
e) Representation in the context of dispute resolution;
f) Selection and recruitment of senior frames.
8-The duty of independence referred to in paragraphs 1, 2 and 3 applies:
a) To the official reviewer of accounts and to the society of official reviewers of accounts that it is
partner;
b) To the remaining professionals involved in the audit.
9-The official reviewer of accounts shall ensure compliance with the provisions of the present
article, and should have a proper system of safeguards to cope with
potential risks to its independence.
10-A The prohibition on the provision of services referred to in paragraphs 4 and 7 applies also to
companies of official reviewers of accounts, to the respected associates and, still, to the people
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collectives that integrate the network to which the society of reviewer officers of accounts
belong.
11-For the purpose of the provisions of this Statute, the concept of the network designates the structure
more extensive intended for cooperation, to which an official auditor of accounts or a
society of official auditors of accounts, and which is aimed at sharing profits
or of costs or the joint sharing of ownership, control or management, of policies
and common quality control procedures, of the common strategy, of use
of a common denomination or a significant part of professional resources.
12-The partners or shareholders of a society of official auditors of accounts, as well as
the members of the administration and supervisory bodies of that society, or of a
affiliated society, must refrain from having any intervention in the execution of a
audit, susceptible to compromising the independence and objectivity of the reviewer
accounts officer who carries out the audit on behalf of the society of official reviewers of
accounts.
Article 72.
Use of name and quality mention
1-Official reviewers of accounts who exercise duties on an individual basis must act with
his or her name, and may not do so with pseudonym or impersonal title.
2-In all documents subscribed by an official reviewer of accounts in the performance
of the functions contemplated in this Statute shall be binding on the indication of its
quality, which can be expressed by the initials "ROC".
3-The failure to comply with the provisions of the preceding paragraph shall imply the invalidity of the
documents and the penalties provided for in the Act, without prejudice to the disciplinary action of the Order.
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Article 73.
Information and advertising
The official reviewer of accounts can disclose your professional activity objectively and
true, in the rigorous respect of the deontological duties, professional secrecy and the
legal standards on advertising and competition, pursuant to this Statute.
Article 74.
Professional secrecy
1-Official reviewers of accounts may not provide to companies or other entities
public or private any information relating to facts, documents or other of
who have become aware on the grounds of provision of their services, except
when the law imposes it or when it is authorized in writing by the entity to which
say respect.
2-Official reviewers of accounts may not yet provide to companies or other entities
public or private any information relating to facts, documents or other
that, by virtue of the post played in the Order, any official reviewer of accounts,
thank you for professional secrecy as to the same information, you have communicated to them.
3-The duty of professional secrecy does not cover:
a) The communications and information of a partner to other partners;
b) The communications and information of official reviewer of individual or business associates
of companies of official reviewer of accounts that find themselves under contract of
provision of services under the terms of the ( c) of Article 49 (1) and its
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collaborators, to the extent strictly necessary for the performance of their
functions;
c) The communications and information between official reviewers of accounts, within the framework of
legal review of the consolidated accounts of companies or other entities, in the
measure strictly necessary for the performance of their duties owing the
reviewers officers of accounts give notice of that fact to the administration, management,
direction or management of the respecting company or other entity;
d) The relevant communications and information relating to the examined entity
effected by the official reviewer of accounts or the society of official reviewers of
accounts that is replaced with the official reviewer of accounts or the society of reviewers
officers of accounts that replace it.
e) The relevant communications and information being made to the Court of Auditors and to the
Inspection-General of Finance, related to the exercise of activities by the
official reviewer of accounts or society of official auditors of accounts in entities
public in the context of the duty of cooperation and in the terms that they come to be
protocoled between the Order and those control entities.
4-Cesses the duty of professional secrecy when it is in question the defence of dignity, of
rights and legitimate interests of the official reviewer of accounts or of the society of
statutory auditors, upon prior authorization of the bastonary of the Order.
5-Official reviewers of accounts ceasing functions of public interest in a
certain entity remain bound to the duty of professional secrecy
concerning the work carried out in the exercise of these functions.
Article 75.
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Searches and seizures in offices of official auditors
To searches and seizures in offices of official auditors of accounts is applicable,
respects, the provisions of Article 177 (5) and Article 180 (1) of the Code of
Criminal Procedure.
Article 76.
Complaint
1-In the course of the representations made in the preceding Articles, may the official reviewer of
accounts interested in or, failing that, any of the relatives or employees present,
as well as the representative of the Order, lodge a complaint.
2-Destining the submission of complaint to ensure the preservation of secrecy
professional, the judge must soon overestimate the diligence in relation to the documents or
objects that are put into question, causing them to put up, without reading them or examining,
in sealed volume at the same time.
3-A statement of reasons for complaints is made within five days and delivered in court
where he runs the proceedings, and the judge shall refer them, in an equal period, to the President of the
Court of the Relation with its opinion and, being a case of it, with the volume to which
mentions the previous number.
4-The Chairman of the Court of Relation may, with a reservation of secrecy, proceed to deselination
of the same volume, returning it stamped with its decision.
Article 77.
Professional civil liability insurance
1-Without prejudice to the provisions of Article 38 of Law No 2/2013 of January 10, in the financial year
of their professional activity, the civil liability of the official reviewers of accounts,
even when acting in the quality of partner of official reviewer companies of
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accounts or under contract for the provision of services, respectively in accordance with the terms of the
b) and c) of Art. 49 (1), shall be guaranteed by personal liability insurance
professional civil, with the minimum limit of € 500000 for each unlawful fact, made in favour
of lessees third parties.
2-Without prejudice to the provisions of paragraph 3, the civil liability of the reproofing companies
accounts officers must be guaranteed by insurance, with minimum limit of € 500000 times
the number of reviewers and of official reviewers of accounts that are in the conditions
of the provisions of the paragraph c) of Article 49 (1) for each unlawful fact, made in favour of
aggrieved third parties.
3-With respect to the companies of official reviewers of accounts, the coverage value of the
safe respect of civil liability cannot, in any case, be less than
€ 1000000 for each illicit fact, no higher coverage value being demanded than
€ 10000000 for each illicit fact.
4-The minimum limit mentioned in the previous figures can be increased in the case of the
official reviewer of accounts or the society of official auditors of accounts are required
to subscribe to a value insurance exceeding that limit by virtue of other provisions
legal.
5-In the event that the insurance before referred to is not concluded with the intervention of the Order,
must the official reviewers of accounts communicate to this to their conclusion within 15
days from the realization of the contract.
6-Official reviewers of accounts must report to the Order, within 30 days in
relation to the date of the effect, any modification to your contractual responsibilities,
resulting from or not the suspension, cancellation or amendment of the contract, always remitted
copy of the additional acts issued.
7-Failure to comply with the duties referred to in paragraphs 5 and 6 shall constitute grounds for the
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introduction of disciplinary procedure.
8-Cannot be or keep enrolled in the list of official reviewers of accounts those who do not
have their liability covered by the insurance referred to in paragraphs 1 a to 3, except
when they are in a situation of suspension of exercise.
9-For the purposes of the provisions of the preceding paragraph, they shall be deemed not to have their
liability covered the official reviewers of accounts who have not entered into the
insurance contract with the intervention of the Order nor have the communication
provided for in paragraph 5.
10-The conditions of the insurance shall appear in a single policy, and this may unfold in
specific certificates depending on the purposes of the risk coverings, to be approved by
norm of the Insurance Supervision Authority and Pension Funds, heard the
Portuguese Association of Insurance.
11-Mediating porterie of the member of the Government responsible for the area of finance, may
be updated the values of the minimum limits set out in the n. paragraphs 1 a to 3.
CHAPTER II
Incompatibilities and impediments
Article 78.
Incompatibilities in general
The profession of official reviewer of accounts is incompatible with any other that may
imply the diminishing of independence, prestige or dignity of the same or offending
other principles of professional ethics and deontology, pursuant to this Statute.
Article 79.
Specific incompatibilities
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1-The official reviewers of accounts that, being workers of public entities, in these
perform functions of supervision, control, surveillance, inspection or similar non-
can exercise review or audit functions to accounts in companies and too much
entities entered in the framework of the intervention of those public entities.
2-You may not perform review or audit duties on accounts in one company or other
entity the official reviewer of accounts that exercises, in it, in any society in it
participant or in which she participates, functions of administration, management, direction or
management.
3-You may not still perform review or audit functions on accounts in a company or
another entity the official reviewer of accounts that:
a) Have, or whose spouse, person with whom to live in de facto union or relatives in
straight line have, participation, in a direct or indirect way, in the social capital of the
same;
b) Have the spouse, person with whom you live in de facto union or any relative or
end in the straight line or up to the 3. degree, inclusive, on the collateral line in it, or in
any society that with it finds itself in relation to domain or group,
exerting functions of member of administration, management, direction or
management;
c) In it to provide paid services that jeopardizes their independence
professional;
d) Exercise in a competitor functions other than those provided for in Chapter III of the
title I, unless concordance of the companies or other entities concerned;
e) In it, or in any society in it participating or in which it participates, has
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exercised in the last three years functions as a member of its organs of
administration, management, direction or management.
4-The circumstances referred to in paragraphs 1 and 3, when they check in respect of associates
of society of official auditors of accounts, constitute only incompatibility
how much to those partners.
5-A supervenience of some of the grounds stated in the n. ºs 1 a to 3 matters to lapse
of the assignment.
6-A designation as alternates of company associates of statutory auditors in the
scope of the legal review functions of the accounts does not constitute incompatibility of the
same society.
Article 80.
Cessation of functions in the event of incompatibility
Verifying incompatibility between the functions provided for in this Statute and other
that the official reviewer of accounts intends to proceed, should the same cease as the functions of
account officer reviewer, requiring the suspension of exercise or the cancellation of
inscription, as the case may be.
Article 81.
Impediments
1-A The activity of official reviewer of accounts, by their nature and requirements, must, by norm,
be exercised in a unique dedication regime.
2-Official reviewers of accounts who do not exercise their activity in dedication regime
exclusive are prevented from:
a) Perform review or audit duties on accounts in entities of interest
public;
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b) To cumulate the exercise of review or audit functions to the accounts, by virtue of
legal, statutory or contractual provisions, with continued character:
i) In more than 10 companies or entities; and
ii ) In companies or entities that, as a whole, present indicators
which go beyond the quymtuples of two of the limits provided for in Article 262.
of the Code of Commercial Societies.
3-The links established by the official reviewers of accounts or by the associates of
companies of official auditors with a view to the exercise of the planned functions
in Article 48 do not undermine the exercise of activity in exclusive dedication regime.
4-The official reviewers of accounts, including the company associates of official reviewers of
accounts your representatives in the exercise of these functions, which in the last three years
have exercised legal review functions of the accounts in company or other entity,
are barred from it, or in any society in it participant or in which it
participate, exercise roles of members of your administration or management bodies.
5-The official reviewers of accounts or the official reviewer companies of accounts that
exercise legal review functions of the accounts in an entity of public interest are
prevented from affecting the exercise of such functions, official reviewers of accounts or associates
of the society of official reviewers of accounts that have been in the last three years,
administrators or directional frameworks with significant influence on the preparation of the
financial statements of that entity of public interest.
6-The official reviewers of accounts and the corporate partners of auditors officers of accounts
that they exercise functions in entities of public interest are barred from celebrating
working contracts with those companies, during the term of office and up to three
years after their cessation.
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7-Without prejudice to the rights acquired by third parties in good faith, the failure to comply with the
provisions of paragraph 4 imply the nullity of the election or designation for the corresponding
job title and punishment with penalty not less than the fine.
8-A failure to comply with the provisions of paragraphs 2, 5 and 6 implies punishment with penalty of not less than
of fine.
CHAPTER III
Responsibility
SECTION I
Disciplinary responsibility
Article 82.
Assumptions of disciplinary responsibility
Commits disciplinary infraction the member of the Order who, by action or omission, violates, dolosa
or culposefully, any of the duties set out in this Statute or in others
applicable normatives, as well as those arising from their functions.
Article 83.
Disciplinary sanctions
1-The disciplinary sanctions are:
a) Warning;
b) Registered warning;
c) Fine of € 1000 a € 10000;
d) Censor;
e) Suspension of 30 days up to 5 years, without prejudice to the provisions of paragraph 7;
f) Expulsion, when the disciplinary infraction has put a cause to life, the integrity
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physics of persons or is gravely injured by the honour or the heritage of the alheios or
of equivalent values, without prejudice to the right to rehabilitation, under the terms of the
present Statute.
2-The warning sanctions recorded, censorship and fine can be attributed to the effect of
inhibition, up to five years, for the exercise of functions in the organs of the Order, in the jury of
examination, in the internship committee and in the commission of enrollment, determining the suspension
always this inhibition by a double period of the suspension.
3-A violation of the provisions of Article 69 gives way to the application of a penalty not exceeding that of
fine.
4-The facts practiced with an offence of the regime provided for in Article 81 are punished with
fine of two to five times the amount of the importances received by the duties
illegally performed.
5-Are punished with sanction not less than that of fine the facts involving the violation of the
provisions of Article 62 (5), in Article 71 (3) and Article 79.
6-A The penalty to be imposed for the violation of the provisions of Article 62 (5) takes into account the
economic benefit unduly auwounded.
7-To the facts that matter the violation of paragraphs 1 a to 4 of Article 77 shall be imposed on the penalty of
suspension for the minimum period of one year and in the event of a recidivism applicable
will be that of suspension for the minimum period of three years and always up to the communication of the
conclusion of the insurance contract.
8-Cumulatively with any of the sanctions mentioned in the preceding paragraphs,
may be applied to the person responsible for any of the disciplinary infractions as follows
ancillary sanctions in function of the seriousness of the infringement and the fault of the agent:
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a) The restitution of amounts, documents or objects related to the infraction,
including the product of the economic benefit obtained by the offender through his
practice;
b) Publication of the definitive punishment on the website of the Order.
9-A Communal order to the competent authorities of the Member States of the Union
European or the European Economic Area, in which the official reviewers of accounts
or companies of official reviewer of accounts if they find themselves authorized to exercise
functions, the application of a definite punishment of expulsion or cancellation
compulsive enrollment, as well as rehabilitation.
Article 84.
Graduation
In the application of the sanctions must be met with the professional and disciplinary background of the
argued, to the degree of guilt, to the seriousness and consequences of the infringement, to the economic situation
of the defendants and all the other aggravating or mitigating circumstances.
Article 85.
Disciplinary responsibility
1-Members of the Order are subject to the disciplinary power of the organs of the Order, in the
terms provided for in this Statute and in the disciplinary regulation.
2-A disciplinary responsibility is independent of civil and criminal liability
stemming from the same conduits.
3-A disciplinary liability of members before the Order arising from the practice of
infractions is independent of disciplinary responsibility in the face of respect
employers, for infringing on the emerging duties of working relationships.
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4-When, on the grounds of the same facts, criminal proceedings have been instituted
against associates, the suspension of the disciplinary procedure can be ordered, owing to
judicial authority, in any case, order the shipment to the Order of copy of the
dispatch of charge or pronunciation.
5-Whenever, in criminal proceedings against member, be designated day for trial,
the court must order the consignment, preferentially by way of electronicity, to the Order of the
dispatch of prosecution, of the instructional decision and the contestation, when they exist, well
like any other elements requested by the disciplinary board or by the
bastonary.
Article 86.
Disciplinary responsibility of the companies of statutory auditors
1-Collective persons members of the Order are subject to the disciplinary power of their
organs pursuant to this Statute and the law governing the constitution and the
operation of the societies of professionals.
2-Each society partner of official reviewers of accounts and official reviewer of accounts to their
service under the terms of the ( c) of Article 49 (1) responds by professional acts
that to practice and by those of the collaborators who her depend professionally, without
loss of the solidary responsibility of the society.
3-Execionally, constitute disciplinary infractions of the society of official reviewers
from accounts to those practiced by any of its associates, official reviewer of accounts to his
service under the terms of the ( c) of Art. 49 (1) or collaborator, when it is not
possible to identify the offender, with, in this case, the rules on
disciplinary responsibility set out in this section.
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Article 87.
Cessation of disciplinary responsibility
1-During the time of suspension of the inscription, the member remains subject to power
discipline of the Order.
2-The cancellation of enrollment does not cease disciplinary liability for infractions
previously practiced.
3-A The punishment with the sanction of expulsion does not stop the disciplinary responsibility of the
member regarding the infractions by him committed prior to the definitive decision that
has applied that sanction.
Article 88.
Disciplinary procedure
1-The disciplinary procedure is instituted by the disciplinary board, on its own initiative, by
denunciation or participation.
2-A The instruction is made by a member of the disciplinary board designated for the purpose by the
president.
3-Instructed the process, if there are sufficient evidence of the practice of any infraction,
deduces the instructor, within 15 days, the charge, which must be articulated.
4-The accused can deduct his defence within 20 days from the notification of the
prosecution and delivery of the guilty note.
5-The subsequent representations to which there is a place should the instructor draw up a
report, with an indication of the proven facts, their qualification and the penalty that you judge
appropriate, taking into account the professional and disciplinary background of the accused, the
degree of culpability, the consequences of the infraction and all the other circumstances
aggravating and mitigating.
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6-A The deliberation of the disciplinary board, which is reported by the President, is delivered on the
deadline of 20 days and communicated to the board of directors and notified to the accused by letter
registered with notice of recetion.
Article 89.
Exercise of disciplinary action
1-Have legitimacy to participate in the Order facts susceptible to constituting infringement
discipline:
a) The bastonary;
b) The President of another organ of the Order;
c) The Public Prosecutor's Office, pursuant to paragraph 3;
d) Any person directly or indirectly affected by the actuation of the reviewers
officers of accounts and societies of official auditors.
2-Courts and any authorities shall give notice to the Order of practice, by
members, of facts susceptible to constituting disciplinary infraction.
3-Without prejudice to the provisions of the law of criminal procedure about the secret of justice, the
Prosecutor's Office and the criminal police bodies refer to the Order certiit of the
complaints, stakes or complaints filed against members and that may
to substantiate facts susceptible to constitute disciplinary infraction.
Article 90.
Desistance of participation
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The dismissal of the disciplinary participation by the person concerned extinguishes the disciplinary procedure,
save if the imputed infraction affects the dignity of the target member and, in this case, this
manifests intention to continue the process, or the prestige of the Order or profession,
in any of their specialties.
Article 91.
Feature
1-Of decisions taken in disciplinary matters rests with the upper board
when it is this the disciplistically competent body.
2-Of the other decisions taken in disciplinary matters of which it does not fall into appeal in the
terms of the previous number are up to administrative appeal, in the general terms of law.
3-The decisions of mere expedient or concerning the discipline of the works are not
actionable in the terms of the previous numbers.
4-In the event of acquitus, you may turn to the board in accordance with the provisions of the
n Article 26 (1).
5-In case of conviction, they may appeal, on the same terms, the board of directors and the
argued, for the top board.
Article 92.
Destination and payment of fines
1-The product of the fines reverses to the Order.
2-The fines must be paid within 30 days of the notification of the decision
condensate transient on trial.
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3-In the lack of voluntary payment, you proceed to coercive collection in the courts
competent, constituting executive title to the sentencing decision.
Article 93.
Preventive suspension
1-The defendants ' preventive suspension may be ordered for no longer than 90 days:
a) After deducting the charge, when you consider any of the sanctions
provided for in points e) and f) of Article 83 (1); if, listening to the nature and
circumstances of the infraction, the measure is imposed to safeguard the appropriate
exercise of the profession;
b) At any time in the disciplinary process, when you check fair fear of the
perpetration of new disciplinary infractions, as well as the possibility of injury
grave of the alheio heritage, or the attempt, on the part of the accused, to disturb the
progress or the instruction of the disciplinary process.
2-A preventive suspension is the competence of the disciplinary board, which must communicate it
immediately to the commission of enrollment.
Article 94.
Suspension and expulsion
1-In the case of suspension or expulsion, the enrolment commission shall inform
immediately from that fact the companies or other entities in which the official reviewer of
suspended or expelled accounts exerted duties.
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2-Official reviewers of suspended or expelled accounts must hand over to their successor
in the exercise of the post the documents belonging to the companies or other entities to whom
provide services and, well thus, return to these the amounts already received that do not
correspond to the reimbursement of expenses or the work done.
3-In the case of professionals carrying out the activity on the national territory in the regime of
free provision of services, these sanctions assume the nature of definitive interdiction of the
exercise of the activity in this territory.
Article 95.
Prescriptions
1-The disciplinary procedure is extinguished, by prescription, as soon as on the practice of
fact that it is susceptible to constitute disciplinary infraction has elapsed two years.
2-Without prejudice to the period set out in the preceding paragraph, the disciplinary board shall
to institute the disciplinary procedure, within 90 days, after taking
knowledge of any fact that is susceptible to constitute disciplinary infraction.
3-If the fact constitutes both crime and disciplinary infraction, the limitation period
is that of the criminal procedure, provided that it is superior to that provided for in paragraph 1.
4-The criminal procedure does not determine the suspension of the disciplinary procedure.
Article 96.
Prescription of sanctions
Disciplinary sanctions prescribe in the following deadlines counted from the date on which the
decision became irrecursible:
a) Six months, for the registered warning penalties, fine and censorship;
b) Three years, for the sanction of suspension;
c) Five years, for the sanction of expulsion.
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Article 97.
Compulsion
The application of a disciplinary sanction is always preceded by the finding of the facts and the
disciplinary liability in own process, in the terms provided for in the present
Status and the disciplinary regulation.
Article 98.
Forms of the process
1-A disciplinary action may behave in the following ways:
a) Process of inquiry;
b) Disciplinary process.
2-The inquiry process is applicable when it is not possible to clearly identify the
existence of a disciplinary infraction or the infringing respect, imposing itself on
of summary representations for the clarification or concretization of the facts in question.
Article 99.
Expenses of the process
1-The payment of the procedural expenses is the responsibility of the participant, in the case of
manifestly unfounded participation, and of the defendants, in the case of conviction.
2-To the payment of the amounts due by virtue of the preceding paragraph shall apply
in Article 92 (2) and (3).
Article 100.
Review
The disciplinary board may grant the review of the disciplinary decision, when they have
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produced new facts or other evidence susceptible to modify the appreciation
previously made and, granted the review, determine that the process is again
submitted, to follow before it its tramites, without prejudice to the resources to which there is
place, in the legal terms.
Article 101.
Rehabilitation
1-Decorrites five years on the date on which the expulsion decision became final, the
interested in requiring your re-enrolment in the list of the official auditors who
assemble the applicable general requirements, set out in Article 137, may do so by
application addressed to the commission of enrolment and instructed with the documents referred to
in Article 150 (2).
2-Verified the regularity of the application and the documents, the commission of enrollment
refer the case to the disciplinary board, which enquiries if the applicant is found
in the conditions required for re-registration.
3-The report of the fact-finding carried out by the disciplinary board shall be submitted to the
commission of enrollment within 30 days, which may be extended by the committee
occurring reason justified.
4-A The deliberation on re-enrollment is also preceded by an evaluation of the
technical knowledge indispensable to the exercise of the profession.
5-If the application is rejected by the enrolment commission, it may be renewed a single time
after decorations three years on the date on which the notification of the decision was found
of rejection.
Article 102.
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Regulation of the disciplinary procedure
The representative assembly approves the disciplinary regulation, on the basis of proposal of the
board of directors, under the terms of this Statute, being as a subsidiary as applicable
procedural standards provided for in the General Labor Law in Public Functions, passed
by Law No. 35/2014 of June 20.
SECTION II
Criminal responsibility
Article 103.
Duty of participation to the Public Prosecutor's Office as to evidence of crimes
Having the official reviewer of accounts knowledge of facts that may be able to be qualified
as a crime, must notify them immediately to the competent public prosecutor's office, to
effects of promotion of criminal action.
Article 104.
Publicity of decisions
The court may order the publication of the absolute decisions, in the terms set out in the
Code of Criminal Procedure.
SECTION III
Civil liability
Article 105.
Civil liability of the official reviewers of accounts
1-In the exercise of the functions of public interest, the officiating reviewers of accounts respond
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in the face of the entities to which they provide services or to third parties, in the terms provided for
in the Code of Commercial Societies and in identical legal provisions concerning the
too many companies or other entities, for the damage that they culposely cause them.
2-Out of the scope provided for in the previous number the statutory auditors may
limit the respect for liability under the terms and conditions provided for in the civil law.
Title III
Societies of official auditors
CHAPTER I
General provisions
Article 106.
Nature and regime of the companies of statutory auditors
1-The societies of official reviewers of accounts can redress the nature of societies
civilians endowed with legal personality or the nature of commercial companies with
plurality of partners.
2-In the absence of special provisions, it is observed, as the case is, the legal regime
established in civil or commercial legislation.
Article 107.
Object
The companies of official reviewers of accounts have per object the performance of the functions
indicated in subsection I of section I of Chapter III of Title I and, incidentally, the
contemplated in Article 48.
Article 108.
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Social participations and other modes of association
1-Without prejudice to the provisions of paragraph 5 and in the following article, the partners of the companies of
auditors officers of accounts must be official reviewers of accounts enrolled in the Order.
2-No official reviewer of individual accounts for individual title can partner with more than one
company of statutory auditors of accounts, save when, for any cause, is
demonstrably outgoing from a society of official reviewers of accounts to enter
as a partner in another.
3-In the case provided for in the preceding paragraph, the official reviewer of accounts is prevented in the
society to exit the exercise of their rights and social duties to the extent that
exceed what is required for the realization of that exit.
4-The official reviewers of accounts who, at the time of entry as associates of a
society of official auditors of accounts, are bound by acts or contracts are
by it replaced in the rights and obligations of them emerging.
5-A society of official reviewers of accounts may be a partner of another or other
companies of official auditors of accounts or be participated in the capital by societies of
statutory auditors of accounts or by authorized societies for the exercise of the profession
in any of the remaining Member States of the European Union or of Space
European Economic, and the representative of the participating society shall always be a
official reviewer of accounts or person with an equated title authorized to exercise the
profession in any Member State.
6-To the pool of the companies in the situation of the preceding paragraph shall apply to the
n. paragraphs 2 and 3 of the following article, with due adaptations.
7-The societies of official reviewers of accounts can associate with each other constituting
consortia, complementary groupings of companies, European groupings of
economic interest or other forms of association, with a view to the exercise in common
of activities that integrate into your object, becoming such associations subject to the present
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Statute and other applicable legal and regulatory standards.
8-In the exercise of the activities referred to in the preceding paragraph the entities or other forms
of association are obligatorily represented by representative, official reviewer of
accounts, from companies of official reviewers of accounts their grouped or associated.
9-Excluded the exercise of legal review of accounts and the issuance of the competent certification
legal, to which it is always exercised by the participating society in the form of association.
10-The official reviewer societies of accounts may still participate in societies of
national law that have per object exclusive to the provision of the services to which if
refers to point c) of Article 48.
Article 109.
Partners not reviewer officers of accounts
1-In the societies of statutory auditors there may also be non-reviewers
officers of accounts, natural persons or collectives, provided that in their respective statutes
are cumulatively established the following essential requirements:
a) The majority of partners, social capital and voting rights must belong
always to associate reviewers officers of recognized accounts or societies in the
terms of this Statute;
b) Most of the members of the administration, direction or management of the society must
belong to associate reviewers officers of recognized accounts or societies in the
terms of this Statute;
c) The only ones responsible for the guidance and direct execution of the functions of interest
public contemplated in this Statute shall be official reviewers of accounts,
partners or contractors under the terms of the ( c) of Article 49 (1);
d) Non-reviewer associates of accounts that are natural persons must
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possess the qualifications referred to in (i) and ) of Article 137 (1), in any
of the subjects that integrate the entrance examination programme to the Order.
2-Compete to the commission of enrollment, especially when the approval of the projects of
statutes and their amendments, appreciate if the requirements mentioned in the number
previous are at all the time filled.
3-Not being complied with the requirements set out in paragraph 1, the draft statutes and the
your changes cannot be approved and, in the case of already inscribed society, is suspended
pre-emptively enrolment after notification of the commission of enrolment to that
society, by registered letter with notice of prescribing, until its regularization.
4-In case the situation that originated the preventive suspension provided for in the preceding paragraph no
is regularized within 60 days of the notification of the suspension, the inscription of the
society is compulsively canceled.
5-In the bylaws, special provisions governing relations may still be fixed
between partners reviewers officers of accounts and not official reviewers of accounts, the relationships
of the partners not reviewers officers of accounts with third parties, the suspension and exclusion of
partners not reviewer officers of accounts and, well, the dissolution and settlement of
companies of official reviewers of accounts in these conditions.
6-The non-reviewers officers of accounts officers apply for the legal and regulatory regime of the
Order, except the provisions that entail the effective exercise of functions of interest
public.
Article 110.
Firm
1-A firm of the companies of statutory auditors is compulsory and exclusively
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composed:
a) By the names of all the partners, or at least from one of the official reviewer partners
of accounts or person, singular or collective, recognized for the exercise of the
profession in any of the other Member States of the European Union or of the
European Economic Area, by extensively or abbreviated;
b) By the qualifier "Accounts Officers ' Society of Accounts", or abbreviated
"SROC", followed by the legal type adopted; and
c) In the case of the complementary clustering of companies, by the qualifier
"Supplementary Grouping of Accounts Officers ' Societies of Accounts", or
abbreviately "ACE-SROC".
2-In the case of not individualizing all the partners, it should the firm contain the expression " &
Associate "or" & Associates ", when applicable.
3-A The firm of the official reviewer companies of accounts should always be used complete.
4-When, for any cause, cease to be a person, singular or collective partner, whose name
or firm conss from the firm of the society, does not become necessary to change such a firm,
save opposition from your successors or the partner who has left the being or disposition
express of the statutes to the contrary.
5-It is forbidden:
a) To the remaining societies, any associations or other collective persons, well
as for organ respects, use any inducible qualifier of induce
in error with respect to the designation of " Society of Official Reviewers of
Accounts "or" SROC ";
b) To the partners or members of the said entities, use the qualifier of " partner of
society of official reviewers of accounts "or" partner of SROC " or still any
another one susceptible to induce in error.
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6-In any case, the firm of the corporate reviewer companies of accounts cannot be
equal or in such a way similar to another one already registered that with it may confuse.
Article 111.
Approval of the statutes and their amendments
1-Statutes of statutes and their amendments are subject to approval by the commission of
enrollment, with a view to ensuring that they comply with this Statute and too much
applicable legal and regulatory standards.
2-A enrolment commission shall state, for the purposes of the paragraph
previous, within 30 days, which may be extended by the commission, by period
additional 15 days, occuring justified reason, under penalty of tacit deferrous.
Article 112.
Constitution
1-The societies of official reviewers of accounts, civil or commercial, constitute by the
form provided for in the law, unless there is entry of immovable property, in which case the
constitution shall be made by the required form for the transmission of real estate.
2-Of the statutes of the company must appear the name of the associates and the mention of enrolment of
each of the reviewers on the list of the official auditors, in addition to the
require in other legal provisions.
Article 113.
Inscription on the list
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1-A The enrolment of the society in the list of the official auditors of accounts shall be required, by the
administration, direction or management, within 60 days after its constitution.
2-The application must be instructed with authenticated copy of the document of
constitution.
3-A firm and the registered office of the company, as well as the date of application entry, are
entered in the register referred to in Article 151 (1).
4-It is considered in dissolution to society whose enrollment has not been properly
required within the period set out in paragraph 1.
5-Must appear in the inscription the names and professional domiciles of the reviewers
officers of accounts and other references deemed to be of interest to the effect.
Article 114.
Registration and advertising in the Order
1-Within 60 days of the date of constitution of the corporation, it shall be deposited,
for the purpose of definitive registration in the Order, a certifying certificate of the record
definitive in the conservatory of the commercial register, where applicable, as well as a
exemplary of the statutes.
2-The societies of official reviewers of accounts that do not adopt the legal types provided for
in the Code of Commercial Societies acquire legal personality by the Registry
definitive in the Order, to which it promotes its official publication.
3-The amendments of the Statutes shall apply to the provisions of the preceding paragraphs.
Article 115.
Change of the partners
1-The process of changing the associates follows, in the applicable part and with the necessary
adaptations, the provisions of articles 111 to 114.
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2-If, for any cause, they leave or enter into partners, the society is obliged to proceed, in the
period of 60 days, due amendment and to apply to the enrolment committee, within 30
days from this, the confirmation of enrollment, delivering, for the purpose, copy
authenticated from the minutes of the deliberation of the deliberation or the contractual instrument, as the
case.
3-Orunning a
death of a partner, this fact shall be communicated to the commission of enrollment within
30 days after their knowledge by the society, owing to the subsequent process of
amendment of the bylaws to be initiated in the following 60 days, unless the delay results from
reason serviceable in the definition of the fate of the part of that partner in the capital, without prejudice
of the provisions of Articles 108 and 109.
Article 116.
Accounting
1-The companies of statutory auditors must possess organized accounting
in the terms of the accounting normative that is applicable to them.
2-For reasons of a deontological and disciplinary nature, the Order, through the directional board
or of the disciplinary board, may send the analysis of the accounting and
documentation of the society.
Article 117.
Signature of the documents
1-In relations with third parties, the certifications, reports and other documents of a
society of official reviewers of accounts, in the exercise of functions of public interest,
are signed in the name and in representation of the society by an official reviewer partner of
accounts that is administrator or manager or that has enough powers for the act.
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2-It is understood that the designation by the society of statutory auditors of a partner
official reviewer of accounts, as its representative for the exercise of determined
function of public interest, gives it a basting powers for the signature of the
documents issued in the context of the exercise of these functions.
3-Case the partner referred to in paragraph 1 has not been responsible for the guidance or execution
of the work, the said documents must also be signed by the respect
official reviewer of advisor or executor accounts.
4-In any of the cases referred to in the preceding paragraphs, identification shall be affixed
of the persons who sign the certifications, reports and other documents referred to therein.
CHAPTER II
Relationship between partners
Article 118.
Capital and parts of capital
1-The social capital may not be less than € 5000, except in the societies where it is
represented by shares, in which case it may not be less than € 50000.
2-Each of the representative parts of the social capital may not be of lower amount
at € 100, dealing with quotas, nor of an amount less than € 1, dealing with shares, and
should always be divisible by these amounts.
3-A The release of the capital parts takes place in the following molds:
a) Representative capital portions of in-kind entries must be
fully released on the date of the constitution of the society;
b) The representative capital shares of cash inflows are to be released in
half, at least, of your amount on the date of the subscription, by effecting
release of the remainder on the dates fixed in the statute or, in the lack of provision
statuary, by the administration, direction or management, but never after
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elapsed one year after enrollment in the list of the official auditors.
4-The importances resulting from the release of the cash inflows in the act of the underwriting
shall be deposited in a credit institution, prior to the conclusion of the contract of
constitution, in open account in the name of the future society.
5-From the account referred to in the preceding paragraph, withdrawals can only be made:
a) After being registered in the Order;
b) After entered into the constitution contract, should the partners authorize the
administrators, directors or managers to effectuate them for determined purposes;
c) For settlement of the society, provoked by the lack of inscription on the list of reviewers
officers of accounts.
6-In the event that the corporate capital of official reviewers of accounts is represented by
actions, these are compulsorily nominative.
Article 119.
Administration, direction or management
1-A The administration, direction or management of the society can only be entrusted to partners.
2-All partners are administrators, directors, or managers, unless express disposition
of the bylaws to the contrary, but always respecting the provisions of the b) of paragraph 1 of the
article 109.
3-It is incapacitated to exercise the administration, direction or management of the society the partner
official reviewer of accounts who find themselves in a situation of suspension of exercise.
Article 120.
Report and accounts
1-The report and the accounts shall be submitted for approval by the representative assembly
within the 90 days subsequent to the close of the respected social exercise, owing
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an exemplar to be sent to the Order in the 60 immediate days to the approval.
2-The report of the administration, direction or management may not contain any references
to facts relating to companies or other entities that the society has taken up
knowledge by reason of the provision of your services or with it related.
Article 121.
Temporary impossibility of exercise of duties
1-In the case of temporary impossibility of exercise of duties, the partner keeps the
right to profits and the duty of quinhoar in damages.
2-Statutes may lay down the conditions under which the partner impersonated temporarily
stands before the society, but they cannot limit the provisions of the preceding paragraph.
3-If the unjustified impossibility exceeds 24 months can, however, society
proceed to amortization of the share of capital of the partner.
Article 122.
Specific duties of the partners
It is the duty of each partner in the companies of statutory auditors:
a) Consecration to society all professional activity of official reviewer of accounts, without
injury to be able to perform other functions not incompatible with the exercise
of the profession of official reviewer of accounts provided that the statutes of the society do not
prohibit;
b) To perform their duties on behalf of the society;
c) Nominate the firm of the society in the professional documents.
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Article 123.
Specific incompatibility of the partners
The partners shall not be able to exercise, on an individual basis, the activities provided for in Article 41.
CHAPTER III
Relations with third parties
Article 124.
Representation
The societies of official auditors of accounts and the members of their administration, direction
or management cannot constitute mandatorts or prosecutors nor substabelish powers
to strangers for the exercise of the specific rights and duties of the official reviewers of
accounts, except dealing with statutory auditors of accounts or when the law makes it
imperative.
Article 125.
Civil liability of the partners
1-Irrespective of the nature that revised the society of statutory auditors,
the associates who sign the documents produced in the exercise of functions of interest
public respond to civil and solidarily with the society of official reviewers of accounts
to which they belong for the damage culposely caused to entities to which they presse
services or to third parties.
2-A the liability referred to in the preceding paragraph shall be guaranteed by insurance, in the
terms set out in this Statute.
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Article 126.
Civil liability of the companies of statutory auditors
1-In the exercise of the functions of public interest, the societies of official reviewer
of accounts respond to the entities to which they provide services or in the face of
third parties, under the terms set out in the Code of Commercial Societies and in identical
legal provisions relating to the remaining companies or other entities, for the damage that
culposously cause them.
2-Out of the scope provided for in the previous number the official reviewer companies of
accounts may limit the liability for liability under the terms and conditions provided for in the
civil law.
CHAPTER IV
Suspension and exclusion of partner
Article 127.
Suspension of social rights
The suspended partner gets barred from the exercise of his social rights while it lasts
suspension situation, unless otherwise expressly provided by the statutes and without prejudice
of the provisions of the following article.
Article 128.
Exclusion of partner
1-It is excluded the partner:
a) Who, with definite character, cease to be empowered to exercise the profession of
official reviewer of accounts;
b) To which to survive incompatibility provided for in the law or in the statutes entailing
cancellation of the inscription;
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c) That to violate the provisions of Article 108 (2) and Articles 122 and 123.
2-Can be excluded, by social deliberation taken by the other partners, the partner:
a) Whose enrollment as an official reviewer of accounts has been suspended compulsorily or
voluntarily for longer than 180 days;
b) That it is temporarily inhibited, in criminal proceedings, of the exercise of the profession;
c) To whom, within five years, three disciplinary sanctions are applied.
3-The right of the company to exclude the partner on the grounds of any of the facts
anticipated in the preceding paragraph shall lapse within 180 days counted from the date on
that the same has knowledge:
a) In the case of point a) , of the start of suspension;
b) In the case of point b) , of the definitive decision;
c) In the case of point c) , of the final decision in which the latter has been applied
disciplinary sanction.
4-It cannot be ruled out to be the exclusion of partner on the grounds of point a) of paragraph 2 if,
in the meantime, the partner has obtained his re-enrolment in the list of the official auditors
or have previously obtained the consent of the society to apply for suspension
voluntary, finding the deliberation exarred in minutes of general assembly.
5-A exclusion must be communicated to the excluded partner within eight days numbered in the
dispatch of the registered letter with notice of recetion, joining copy of the extract from the minutes
of the general assembly in which it is conspicuous to respect the vote.
6-By request of the excluded partner and with expenses of your account, assigns the Order, in
litigation case, one of its members to intervene as a referee, with the end of
regularise the emerging consequences of exclusion, without prejudice to the possibility of
any of the parties submit the matter to the courts.
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CHAPTER V
Transformation, merger and division of society
Article 129.
Approval of the project by the Order
The project of transformation, merger or fission approved by the companies ' associates
participants should be referred to the Order for approval, which should be given an opinion, by
intermediate of the enrolment commission, under the terms and time limits provided for the approval of the
statutes.
Article 130.
Registration of processing, merger or spin-off in the Order
1-Within 30 days after conclusion of the contract for processing, merger or
spinoff, shall be submitted to the Board of the Order, for the purpose of registration, a
exemplary of the same.
2-The registration of processing, merger or spinoff shall be communicated, by the society
embedding or by the new society, to the customers of it.
CHAPTER VI
Dissolution and liquidation of society
Article 131.
Dissolution
1-A The society dissolves in the prescribed cases of the law or in the statutes.
2-A dissolution produces:
a) If the inscriptions of all your associate reviewers officers of accounts or hers
own are cancelled in the list of the official auditors, determining the
referred to cancellation the liquidation of the society;
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b) For the death of all the associates.
3-If the number of official reviewers of accounts is found to be reduced to the unit, it must
the sole partner, within 180 days, admit new associates, provided that, when it is the case,
are complied with the requirements set out in Articles 107 and 108, without which the
society is dissolved administratively in the terms provided for the societies
commercials.
4-The application for dissolution must be submitted by the sole partner, within 30
days after the term of the period indicated in the preceding paragraph, with notification to the Order
at the same deadline.
5-In the absence of the notification provided for in the preceding paragraph, the dissolution requirement shall
be presented by the Order in the following 30 days.
Article 132.
Settlement
1-A society considers itself to be in liquidation from:
a) Of the dissolution; or
b) From the date on which it becomes final to the court decision declaring the nullity of its
constitutive act.
2-A entry of the company into liquidation is communicated within 30 days, per letter
registered with notice of payee, to the Order and to all entities with whom the society
has entered into contracts for the provision of services relating to the exercise of functions of
public interest.
3-Partners who continue to exercise the profession of official reviewer of accounts meet
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compulsorily, in replacement of the society, contracts for whose orientation or
execution were responsible in a situation equating to that of alternating in the exercise of the
legal review of the accounts, when it is the case, save if the other party disobliges them from that
compliance, by registered letter with notice of receipment, within 30 days after having
been received the communication referred to in the preceding paragraph.
4-During the liquidation, the social firm shall be followed by the mention "in liquidation".
Article 133.
Liquidators
1-If the society dissolves by the course of the period set for its duration or by
deliberation of the associates, and of the statutes not on the record who is the liquidator, shall this be
named:
a) By deliberation of the associates, owing the name of the liquidator to be communicated to the
Order within 30 days after the dissolution;
b) In the absence of deliberation, by the court of the registered office of the society, at the request of the Order or
of any interested.
2-In the event of a judicial declaration of invalidity of the constitutive act of the society or when
the dissolution is decreed by the court, the appointment of the liquidator shall be made in the
respects decision.
3-In the hypotheses provided for in Article 131 (2) the liquidator shall be appointed by the
directional board of the Order.
4-When the hypothesis of the second part of Article 131 (3) is met, the liquidator is
the single partner.
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5-The excluded associates may not be appointed liquidators.
Article 134.
Powers and duties of the liquidator
1-During liquidation, the society is represented by the liquidator.
2-The liquidator has the necessary powers to:
a) The realization of the asset and the payment of the liability;
b) The reimbursement to the partners or their representatives of the amount of respect
entries and the apportionment among them of the balance of settlement.
3-The powers of the liquidator may be determined by the decision to appoint.
4-Finda the liquidation, shall the liquidator, within 30 days, convene the partners or their
representatives for:
a) Deliberating on the final accounts and on their exoneration;
b) Check the closure of the settlement.
5-A Assembly of the partners deliberates on the terms set for the approval of the accounts
annual and, if it is unable to deliberate or if it does not approve the liquidator's accounts, the decision
it is up to the court, the requirement of the Order or any interested.
Article 135.
Regime of the companies of official auditors
To the companies of statutory auditors, it applies, in a subsidiary, to the legal regime
of the constitution and operation of the societies of professionals who are subject to
professional public associations, in everything that does not contravene the Directive No 2014 /56/UE,
of the European Parliament and of the Council of April 16, 2014, amending the Directive
n 2006 /43/CE, of the European Parliament and of the Council of May 17, 2006 on the
legal review of annual and consolidated accounts.
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Title IV
Access to the profession
CHAPTER I
Enrollment requirements
SECTION I
General requirements
Article 136.
Mandatory enrollment
The official reviewers of accounts and the societies of auditors officers of accounts can only
exercise the respective respects after enrolled in a designated list " list of reviewers
officers of accounts ".
Article 137.
General enrolment requirements
1-Are general enrolment requirements as an official reviewer of accounts:
a) Have moral idoneity for the exercise of the office;
b) Being in the full enjoyment of civil and political rights;
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c) Not to have been sentenced, for the last 10 years, by sentence carried on trial,
by the practice of felony felony that has put in question life, physical integrity
of the persons or are seriously lesive of the honour or of the alheious heritage or of
equivalent values;
d) Have not been declared incapable of administering your person and property by sentence
transitioned on trial, unless obtained judicial rehabilitation;
e) Be a holder of an academic degree of licentiate, master or doctor, or of a degree
top foreign academic who has been declared equivalent to a
of those degrees or recognized as producing the effects of one of those degrees;
f) Carry out the examination of admission to the Order;
g) Undertake with taking advantage of the stage referred to in Articles 144 and below
of this Statute.
2-To the official reviewer of registered and non-suspended accounts, is conferred upon the title of
expert in "audit and review of accounts", without any other formality.
Article 138.
Enrollment of foreigners
1-Without prejudice to the provisions of Title VI, the enrolment of foreigners shall be admitted whenever
if you cumulatively check the following conditions:
a) Be enrolled and with full rights of exercise of the profession in body
of the respected country, recognized by the International Federation of Accountants
(IFAC);
b) Make proof of the residence in Portugal for at least three years;
c) They are approved in the modules of law and taxation, as defined in the
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exam proof for access to official reviewer of accounts.
2-Can still be admitted to enrolment of members registered in partner bodies
in the respect of States, provided that by these it is admitted to the exercise of the profession to
reviewers officers of Portuguese accounts on equal terms with their
national, of harmony with the legally established.
Article 139.
Commission of enrollment
1-A enrollment procures under general guidance and supervision of the enrolment commission.
2-A The commission of enrollment works in the reliance on the directional board of the Order,
compete with you:
a) Perform the tasks that are fixed to you in the examination regulation and
inscription;
b) Check the regularity of the conditions for enrolment as members of the Order,
provided for in this Statute;
c) Enroll as official reviewers of accounts in the respect list the applicants who se
find in the legally required conditions;
d) Organize, update and publish the list of the official auditors of accounts;
e) Promote the necessary or convenient enquiries with a view to checking that the
all the time are fulfilled the enrolment requirements
set out in this Statute;
f) To propose to the board the regulatory or administrative measures with
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seen to supply gaps or interpret the subjects of their competence.
3-A composition and appointment of the commission of enrolment and, in general, the regulation of the
enrollment in the Order are set out in the examination and enrolment regulation.
SECTION II
Examination of admission to the Order
Article 140.
Examination
The entrance exam is organized with a view to ensuring the necessary level of
theoretical knowledge in the subjects relevant to the legal review and audit of the accounts, of
agreement with the Community regulations and thus to ensure the capacity for
apply in practice such knowledge.
Article 141.
Periodicity
1-The entrance examination to the Order is carried out at least once a year on a date to
mark by the board of directors.
2-The examination may understand the provision of fractionated evidence by groups of subjects,
on the terms set out in the registration and examination regulation.
Article 142.
Regime of the examination
1-The entrance examination to the Order is shown in written and oral evidence, to be brought before a
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jury.
2-A The composition and appointment of the jury, as well as the subjects, the trames and, in general, the
regulation of the examination, are set out in the registration and examination regulation.
3-A The evidence of theoretical knowledge included in the examination shall cover at least the
following subjects:
a) Theory and principles of general accounting;
b) Requirements and legal standards on the drafting of individual accounts and
consolidated;
c) International accounting standards;
d) Financial analysis;
e) Accounting for costs and management;
f) Risk management and internal control;
g) Auditing and professional qualifications;
h) Legal requirements and professional standards concerning the statutory review of accounts and the
official reviewers of accounts;
i) International auditing standards;
j) Professional ethics and deontology and independence.
4-A The proof of theoretical knowledge shall still cover at least the following
subjects, in so far as they are relevant for the exercise of the audit:
a) Law of societies and governance of societies;
b) Right of insolvency and analogous procedures;
c) Tax law;
d) Civil and commercial law;
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e) Right of social security and labour law;
f) Information technologies and computer systems;
g) Business, general and financial economics;
h) Mathematics and statistics;
i) Basic principles of financial management of companies.
Article 143.
Regulation of enrolment and examination
1-A representative assembly approves the registration and examination regulation, on the basis of
in proposal of the board of the governing board, which is subjected to homologation of the member of the
Government responsible for the area of finance.
2-The enrolment and examination regulation shall only produce effects after approval of the
member of the Government responsible for the area of finance, which one considers to be given if not
there is a decision to the contrary in the 90 days following that of your fearage.
SECTION III
Stage
Article 144.
Registration at the professional stage
The enrollment at the stage referred to in point g) of Article 137 (1) may only be
effected after the realization with taking advantage of the entrance exam to the Order.
Article 145.
Commission of internship
1-The professional stage processes itself under general guidance and supervision of the commission of
internship, without prejudice to the specific guidance borne by the patron patron, which has to
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be an official reviewer of accounts or society of statutory auditors, owing, in this
last case, be appointed as a partner as responsible for the internship, which, in any
of the cases, it must be enrolled for more than five years.
2-A internship commission works on the reliance on the board's directional board,
compete with you, namely:
a) Perform the tasks that are fixed to you in the regulation of the internship,
approved by the representative assembly, on the basis of a proposal from the board
directive and homologated by the member of the Government responsible for the area of
finance;
b) Propose, for approval of the board of the board, the stage convention models
and of the trainee ballot;
c) Propose, for the approval of the board of the board, the internship conventions;
d) Arrange the lists of the trainee members;
e) Organize the continuous evaluation work of the trainee members.
Article 146.
Start and duration of the internship
1-The internship has to be started within the maximum period of three years, from the date of the examination
of admission to the Order.
2-A The duration of the internship is at least three years, with the minimum of setecents hours
annual, due to be effected during two thirds of the time with patron
duly authorized.
3-A The duration of the internship can, however, be reduced by the internship commission for a
minimum of one to two years, with respect to the trainee members who, having exercised
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during five years public or private functions, that commission, by proposal of the
respects patron, consider possessing adequate experience in the audit area and,
incidentally, in the areas related to the other subjects that integrate the programme
of examination of admission to the Order.
4-In duly substantiated excecional cases can be dispensed with internship
by the stage committee the individuals approved in the entrance examination to the Order who,
having exercised for 10 years public or private functions, that committee
consider possessing appropriate experience in the audit area and, incidentally, in the
areas related to the other subjects that integrate the examination programme of
admission to the Order.
Article 147.
Desistance, deletion and interruption of the internship
1-The trainee member may require, at all time, the desistance of the internship.
2-A internship committee may deliberate the exclusion of the trainee member, on the basis of
behaviours that violate professional ethics and deontology or on the basis of lack of
harnessing the stage.
3-A The exclusion of the internship does cease all rights acquired with respect to the
process of access to the profession of official reviewer of accounts.
4-For duly justified reasons, may also the trainee member apply for
interruption of the internship for a maximum period of two years, consecutive or
intersine, but the minimum period of interruption can never be less than six months.
Article 148.
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Regime of internship
1-During the internship the trainee members are found to be subject to the legal regime and
regulatory of the Order, in the applicable part.
2-A internship commission accompanies the progression of the internship, owing to confirm its
realization.
3-During the internship the trainee members are the object of at least two evaluations
intercalares and a final assessment of knowledge.
4-To the patron compete to guide, drive and follow up the professional activity of the member
trainee, integrating it into the effective exercise of legal review activity, audit at
accounts and related services, and should issue an opinion on the
realization of the internship and respect report drawn up by the trainee member and in the end
of the stage a reasoned opinion on the aptitude or inaptitude of the trainee for the
exercise of the profession.
5-The trainee member competes to carry out all the tasks leading to the review /
audit of the related accounts and services, under guidance of its patron, not owing
per your account practice acts that by law are restricted to the official reviewer of accounts.
6-Compete to the trainee member the underwriting of personal accident insurance
consentantaneous with the activity it develops, except if this one finds itself linked to the
patron by virtue of a contract of employment or if they both agree in a separate way,
within the framework of the internship convention.
7-During the probationary period, the civil liability of the trainee member shall be
guaranteed by personal liability insurance of professional civil liability, whose minimum limit
must be proportional and appropriate to the acts allowed to you to practise.
8-The regulation of the internship shall fix in a detailed and proceduran manner,
particularly:
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a) The rules for enrollment, desistance, exclusion and interruption of the internship;
b) The rules of duration, reduction and dispensation of internship;
c) The rights and obligations of patrons and trainees;
d) The composition and competences of the internship committee;
e) The knowledge assessment regime;
f) The subject matter of knowledge assessment.
Article 149.
Regulation of internship
1-A representative assembly approves the internship regulation, on the basis of proposal of the
directional board, to submit the approval of the member of the Government responsible for the
area of finance.
2-The internship regulation only produces effects after approval of the member of the
Government responsible for the area of finance, which one considers to be given if there is no
decision to the contrary in the 90 days following that of your prescription.
CHAPTER II
Obtaining, suspension and loss of the quality of official reviewer of accounts
SECTION I
Getting quality
Article 150.
Inscription on the list
1-The application for enrolment as an official reviewer of accounts is addressed to the commission of
enrollment, within three years of having carried out with taking the stage
professional.
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2-The application must be accompanied by a declaration by the applicant that it fulfils the
general enrolment requirements as an official reviewer of accounts provided for in Article 137,
as well as a certificate of the criminal record and copy of the identification document
civil.
Article 151.
Registration and assessment by the commission of enrolment
1-The name and professional domicile of the applicant, as well as the date of the entry of the
application, are entered in a register arranged by the enrolment commission.
2-A regularity of the application and the documents together, as well as of the
fulfillment of the requirements set out in Article 137 is verified within 30 days.
3-A The commission of enrolment communicates to the applicant for its enrolment in the list, with the
respects the number of enrolment, or its refusal, accompanied by the reasons that the
justify.
Article 152.
Cancellation of the inscription
Where the deliberation of the enrolment commission authorising the inscription on the list of
statutory auditors of accounts have been taken on the basis of statements or documents
false, inaccurate or incorrect information, produced deliberately or not to induce
in error, the commission must declare the nullity of the inscription.
SECTION II
Suspension of quality
Article 153.
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Voluntary suspension of exercise
1-Official reviewers of accounts may apply to the enrolment commission for suspension of
exercise.
2-In the application they have to be alleged the respect fundamentals, which, if they commit
gravely the interests of the Order, imply the rejection of the application.
3-Dewound only produces effects as long as the official reviewers of accounts prove
before the enrollment committee have ceased their duties.
4-A The commission of enrolment shall propose, in respect of the official reviewer of accounts whose
enrollment is suspended, the conditions under which the same may continue to benefit from the
perks attributed to the members of the Order, compatible with that situation.
Article 154.
Compulsive suspension of exercise
1-It is compulsorily suspended the official reviewer of accounts that:
a) By decision handed down in criminal proceedings, is temporarily inhibited from exercise
of the profession;
b) Be punished, in disciplinary proceedings, with disciplinary sanction of suspension;
c) Be declared unable to administer your person and goods by carried out sentence
on trial, until judicial rehabilitation is obtained, without prejudice to the regime
behold for lifting of the suspension;
d) For sentenced, by sentence carried on trial, by the practice of felony felony
that has put into cause life, the physical integrity of people or is
seriously lesive of honour or alhedous heritage or of equivalent values
or that it badly affects the dignity and prestige of the profession.
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2-A suspension for the fact set out in paragraph d ) of the previous number has the duration of 10
years, without prejudice to the prevailing regime for lifting of the suspension.
Article 155.
Regime
1-The official reviewer of accounts in the situation of suspension of exercise cannot, during the
period of suspension, invoke before third parties the quality of official reviewer of accounts,
finding themselves consequently inhibited from exercising any of the functions of interest
public contemplated in this Statute.
2-A The suspension situation does not release the statutory reviewer of legal regime accounts and
regulatory of the Order, in the applicable part.
SECTION III
Loss of quality
Article 156.
Voluntary cancellation of the inscription
The voluntary cancellation of the inscription may be required under the terms provided for in the
article 153.
Article 157.
Compulsive cancellation of the inscription
The enrolment of the official reviewer of accounts is cancelled:
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a) When you cease to check out the schedule in the ( b) of Article 137 (1);
b) Whenever you find yourself gravely committed to the suitability of the official reviewer
of accounts;
c) When it is applied for the punishment of expulsion;
d) Whenever the CNSA determines it.
SECTION IV
Lifting of suspension and re-registration on the list
Article 158.
Lifting of suspension
1-The official reviewer of accounts whose enrollment is voluntarily suspended may ask for
lifting of the suspension, and the requirement shall be addressed to the commission of
enrolment and instructed with the documents referred to in Article 150 (2), and may
same to be waived in case the enrollment was suspended less than a year ago.
2-The official reviewer of compulsorily suspended accounts is considered, in the term of the
period of compulsive suspension, in the situation of voluntary suspension, inter alia
for the purposes of the provisions of the preceding paragraph.
3-A The deliberation on the lifting of the suspension is antecedents of enquiries, in the
terms of Article 151 (2), if the enrollment commission judging it necessary.
4-In cases of suspension for period of more than five years the deliberation on your
surveying is also preceded by an assessment of technical knowledge
indispensable to the exercise of the profession.
Article 159.
Re-registration after cancellation of enrollment
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1-All of the one who has obtained the voluntary cancellation of enrolment and assemble the
general requirements set out in Article 137 may ask for re-registration in the list of
statutory auditors with dispensation from the provisions of the provisions of the f) and g) of paragraph 1 of the
even article, upon application addressed to the commission of enrolment and instructed with
the documents referred to in Article 150 (2), and may be waived
in the event that the cancellation was obtained less than a year ago.
2-Decorrites five years on the compulsive cancellation of enrollment referred to in
point ( a) of Art. 157, and not already checking any of the facts or situations therein
intended, the person concerned may apply for re-registration in the list of official reviewers of
accounts, as long as it meets the general requirements set out in Article 137, by
motion addressed to the commission of enrollment instructed with the documents referred to
in Article 150 (2).
3-Verified the regularity of the application and the documents together, the commission of
enrollment refers the case to the disciplinary board, which enquiries if the applicant is
finds in the conditions required for re-registration.
4-The report of the fact-finding carried out by the disciplinary board shall be submitted to the
commission of enrollment within 30 days, which may be extended by the committee
occurring reason justified.
5-In cases of voluntary cancellation of enrollment for a period of more than five years, the
deliberation on its survey is also preceded by an assessment of the
technical knowledge indispensable to the exercise of the profession.
6-In the case of refusal of the application for re-registration, new application can only be submitted
after decorations three years on the date of the notification of refusal.
Title V
Public record
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Article 160.
Public record
The Order ensures the registration of the official reviewers of accounts, of the reviewer societies
accounts officers, as well as the forms of association of official reviewer societies
of accounts provided for in Article 108 (7).
Article 161.
Contents of the public register
1-The public record referred to in the preceding article identifies each official reviewer of accounts,
each society of official reviewers of accounts and each association of societies of
statutory auditors, through a specific number.
2-The information in the public register is entered and maintained in an electrochemical form and
communicated to the CNSA for public disclosure.
3-In addition to the facts and information referred to in the following numbers, the public register
contains the designation and address of the entities responsible for the approval, by the
quality control, by inspections and sanctions in respect of official reviewers of
accounts and the companies of official auditors of accounts and, well, for the supervision
public of the official reviewers of accounts and the official reviewer companies of accounts.
4-As far as the official reviewers of accounts are concerned, the public register contains the
following information:
a) Name, professional domicile, electro address and registration number;
b) Applicable case, the denomination, address, address of the site on the Internet and number
of registration of the society of official reviewers of accounts emploing the reviewer
account officer or with which it is found to be associated in the quality of a partner or the
any other title;
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c) All the remaining records, as an official reviewer of accounts, with the authorities
competent from the other Member States and, as an auditor, together with countries
third parties, including the names of the registration authorities and, if they exist, the
registration numbers;
d) The situation of suspension of the activity exercise, if any.
5-The auditors of registered third countries shall appear in the register as such and not
as official reviewers of accounts.
6-With regard to the companies of official auditors of accounts and the associations of
companies of official reviewers of accounts the public register contains the following
information:
a) Name, registered office, Electrophic address and registration number;
b) Legal form;
c) Information about the contacts, the main contact person and the address at the
Internet;
d) Address of each office in Portugal;
e) Name and registration number of all statutory auditors employed by the
company of statutory auditors of accounts or to it associated in the quality of partner
or any other title;
f) Names and business addresses of all partners or shareholders;
g) Names and business addresses of all members of the governing bodies
or direction;
h) Applicable case, the identification of the network, national or international, to which it belongs and to
indication of the place where it is available to the public information about
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denominations and addresses of the companies and subsidiaries adhered to that network;
i) All the remaining records, as a society of official reviewers of accounts, together
competent authorities of the other Member States and, as an entity of
audit, together with third countries, including the names of the registration authorities
and, if they exist, the registration numbers.
7-The auditing entities of registered third countries are shown in the register, as such, and
not as societies of official auditors.
Article 162.
Enrollment and update of the registration information
1-Within the scope of its registration process, the official reviewers of accounts, the societies of
statutory auditors and the associations of official reviewer companies of accounts
shall render to the Order, for the purpose of enrolment in the public register, the information
referred to, respectively, in paragraphs 4 a to 6 of the preceding Article.
2-The official reviewers of accounts, the companies of statutory auditors and the
associations of company of statutory auditors of accounts must notify the Order of
any changes to the information contained in the public register, within 30 days of
count of the occurrence of such changes.
3-The information provided, for the purpose of registration, in the terms of the preceding paragraphs,
must:
a) Be signed by the official reviewer of accounts or by the legal representatives of the
society of official reviewers of accounts or of the association of societies of
official reviewers of accounts;
b) Be drawn up in Portuguese, or in any other language or official languages of the
European Union or the European Economic Area since accompanied by
by certified translation.
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4-The provisions of the preceding paragraphs shall apply, with due adaptations, to the auditors and
to the auditing entities of third countries provided for in paragraphs 5 and 7 of the preceding Article.
Article 163.
Registration of natural persons or collectives authorized to exercise
the review activity of accounts in third country
1-Are, still, subject to the public record provided for in Article 160, natural persons or
collectives authorized to exercise the activity of review of the accounts in a third country which
submit audit report of the individual or consolidated accounts of a
entity with registered office outside the Community and with securities admitted to the
trading on a regulated market in Portugal, save if society only
issue representative securities of debt admitted to trading on market
regulated, whose nominal value does not exceed, on the date of issue, € 50000 or, in the case
of issuance in another currency, the equivalent value at € 50000.
2-The registration of the entities referred to in the preceding paragraph shall be secured by the CMVM.
3-A CMVM may dispense with the registration of natural or collective persons authorised to
exercise the legal review activity of accounts in a third country that submit report
of audit of the individual or consolidated accounts of an entity with headquarters outside the
Community, if that individual or collective person is submitted, in a third country,
the system of public supervision, quality control and inspection and sanctions that
comply with the requirements equivalent to those provided for in the applicable legal standards and exists
reciprocity.
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4-In the cases provided for in the preceding paragraph, it applies, with the necessary adaptations, the
provisions of Articles 161 and 162, and all the communications provided there shall be
addressed to the CMVM.
Title VI
Official reviewers of accounts of the European Union or of the European Economic Area
and of Portuguese-speaking countries
CHAPTER I
Exercise of professional activity by official reviewers of Union accounts
European or the European Economic Area
Article 164.
Scope of application
This Chapter shall apply to the official reviewers of accounts from any
of the Member States of the European Union or of the European Economic Area, being
allowed your exercise in Portugal, provided that in them authorized to exercise your
professional activity and comply with the provisions of Article 169.
Article 165.
Definitions
For the purposes set out in this Title, the expressions below shall have the following
meaning:
a) "Official reviewer of accounts of the European Union or the European Economic Area",
the national of a Member State of the European Union or of the Economic Area
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European enabled to exercise in Portugal the profession of official reviewer of accounts,
providing the respect services;
b) "State-Member State of origin", the country where the official reviewer of Union accounts
European or the European Economic Area is found legally established.
Article 166.
Recognition of the professional title
1-Are recognized in Portugal, in the quality of official auditors of accounts, and as such
authorized to exercise the respect profession, the persons authorized for the exercise of the
profession in any of the other Member States of the European Union or of Space
European Economic, and shall for the purpose of the effect of the training provided for in Article 169.
2-The reviewer referred to in the preceding paragraph shall use his / her express title in the language
portuguese and in the language of the Member State of provenance, with indication of the
professional body to which it belongs.
3-It is required to the official reviewer of accounts of the European Union or the Economic Area
European the exhibition of the title proving its right to exercise the profession in the
Member state of provenance.
4-Official reviewers of accounts recognized pursuant to paragraph 1 shall be subject, in the
exercise of the respect of activity in Portugal, to this Statute and too much standards
applicable legal and regulatory.
Article 167.
Professional status
1-With respect to the regulatory rules of the mode of exercise of the profession,
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specifically those relating to rights and duties, incompatibilities,
liability and the code of ethics, the official reviewers of accounts of the European Union
or of the European Economic Area shall be subject to the applicable conditions of exercise
to the official reviewers of national accounts.
2-In matters not understood in the preceding paragraph, they apply to the official reviewers
of accounts of the European Union or of the European Economic Area the rules in force in the
Member state of provenance.
3-The provisions of paragraph 1 shall apply independently of the official reviewer of Union accounts
European or the European Economic Area to have professional establishment in
Portugal and to the extent that its observance is concretely viable and justified
to ensure the correct exercise, in Portugal, of the official reviewer activity of accounts
and the independence, prestige and dignity of the profession.
Article 168.
Applicable sanctions
1-The official reviewer of accounts of the European Union or of the European Economic Area that
viole the provisions of this title and in particular the statutory provisions of the article
previous to be subject to the penalties provided for the official reviewers of national accounts.
2-A Order is competent to apply with respect to the official reviewers of accounts of the
European Union or the European Economic Area the penalties provided for in the present
Status and the one that rents out the preceding paragraph, and may request the competent entities
professionals of the Member State-Member of provenance the information, documents and
necessary representations to the instruction of the respects processes and to the application of the sanctions
that to the case couberin.
3-A Order shall inform the Member State of provenance of the sanctions that apply to
official reviewers of accounts of the European Union or of the European Economic Area.
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CHAPTER II
Conditions of enrolment of official reviewers of European Union accounts or of the
European Economic Area
Article 169.
Training
1-A training is effected under the regulation of the course of preparation for reviewer
account officer, in Portuguese language, and compulsorily focuses on the subjects
legal and taxation that integrate the modules of the preparation course for reviewer
officer of accounts.
2-A The training is presential and the frequency of the modules may not be less than 80% of the
predicted times for each of them.
3-The natural persons authorized for the exercise of the profession in any of the
Member States of the European Union or of the European Economic Area may
apply for, to the board of directors, the dispensation of the said frequency provided they have
exercised related professional activity in Portugal for at least 10 years.
Article 170.
Enrollment for the purposes of the exercise of the right of establishment and free provision
of services
1-A The inscription of official reviewers of accounts of other Member States of the Union
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European or of the European Economic Area exercising the right of establishment
it is made by application written in Portuguese language and addressed to the commission of
enrollment, with the indication of its full name, the posts and activities that exercise, the
professional domicile in the Member State of provenance, the date of birth and the
future professional domicile in Portugal.
2-The said application shall be accompanied by:
a) Official document of identification with the indication of nationality;
b) Document certifying the right of the applicant to exercise any of the
professional activities referred to in Article 166 (1), issued less than
three months by the competent authorities of the Member State of provenance;
c) Document proving realisation of the training referred to in the previous article or
of your dispensation, pursuant to the same article;
d) Certificate of professional civil liability insurance, warranty or instrument
equivalent, in accordance with Article 38 (3) of Law No 2/2013 of January 10,
in the applicable cases.
3-A enrollment commission should only enroll official reviewers of accounts of the
European Union or the European Economic Area, for the purposes of the exercise of law
of establishment, provided that it is assured of its effective stay at home
professional situated in Portugal and the observance of the current deontological rules, save
if the respect of such conditions and rules is already secured through an official reviewer
of accounts established and enabled in Portugal and the service of which they perform the
your activity.
4-The provisions of paragraphs 1 and 2 shall apply to the enrolment of official reviewers of accounts of others
Member States of the European Union or of the European Economic Area providing
occasional and sporadic services on national territory, in regime of free provision of
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services, excepted the indication of the professional domicile in Portugal, replaced by the
indication of professional domicile of official reviewer of established and habilitated accounts
in Portugal, for the receiving of citations and notifications.
5-A Order may require the official reviewers of accounts of the European Union or Space
European Economic, at any time, some or some of the documents
indicated in paragraph 2, for the purpose of proof of the requirements set out for the exercise of the
profession.
CHAPTER III
Conditions of enrolment of official reviewers of accounts of countries of language
portuguese
Article 171.
I nscription of the official reviewers of accounts of Portuguese-speaking countries
The provisions of Articles 164 to 170 shall apply, upon the establishment of protocols
of reciprocity and decision of the Board of Directors, to the official reviewers of enrolled accounts
in the similar professional organizations existing in the Portuguese-speaking countries.
Title VII
Supplementary and final provisions
Article 172.
Communications by the Order to companies and other entities
Within 30 days of the date of transit on trial of the deliberation, the Order shall
communicating to companies and other entities the compulsive suspensions of exercise, the
compulsory enrollment cancellations and the expulsions of the official reviewers of accounts that
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in them exercise functions of public interest.
Article 173.
Societies
1-The official reviewer companies of accounts shall apply for the general scheme established in the
present Statute in all that does not contravene the special respect regime.
2-The societies of official reviewers of civil nature accounts may transform,
merge or split in the terms provided for in the Code of Commercial Societies.
Article 174.
Societies of foreigners
The foreigners who have acquired in Portugal the qualification of official reviewers of
accounts may constitute companies of official reviewers of accounts pursuant to the present
Status on equal terms with nationals.
Article 175.
Collaboration of entities
The notarial offices, the register conservatives, the Taxation and Customs Authority, the
Inspection-General of Finance, the Securities Market Commission, the Bank of
Portugal, the Insurance Supervision Authority and Pension Funds and too many entities
public, in the situations where there is the intervention of the official auditors of accounts and
where doubts are raised as to the professional qualification of these or the possible
irregularities loomed in the scope of their competences, they must give knowledge
to the Order.
Article 176.
Participation of public crimes
1-Official reviewers of accounts must participate in the Public Prosecutor's Office, through the
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Order, the facts laid down in the exercise of the respective functions of public interest, which
indict the practice of public crimes.
2-Addressing the crimes provided for in Law No 25/2008 of June 5, amended by the
Decrees-Laws No 315/2009, of October 30, 242/2012, of November 7, 18/2013,
of February 6, and 157/2014, of October 24, communication is made equally to
Financial Information Unit.
Article 177
Administrative cooperation
The Order shall provide and request to the professional public associations or the authorities
competent administrative of the other Member States of the European Union and of Space
European Economic, as well as the European Commission, mutual assistance and take the
measures necessary to cooperate effectively, within the framework of procedures relating to
providers of services from other Member States, under the Chapter
VI of Decree-Law No. 92/2010 of July 26, and of Article 51 (2) of Law No 9/2009,
of March 4, as amended by the Laws No 41/2012 of August 28, and 25/2014, of May 2,
particularly through the Internal Market Information System.
