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The 2009 33 Law Regulating The Accounting Profession

Original Language Title: القانون 33 لعام 2009 تنظيم مهنة المحاسبة

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Law 33 of 2009 Organization of the accountancy profession


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Act No. 33 of 2009
Date-birth: 2009-12-01 History-Hjri: 1430-12-14
Published as: 2009-12-01
Section: A law.

Information on this Act:
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Law No. 33 of 2009
Organizing the accounting profession

President
Based on the Constitution

On what was adopted by the People's Assembly at its meeting held in the date of 30-11-1430 A.H., 17-11-2009, my birth.

The following are issued:

Article 1

Section I

The following definitions shall mean the meaning of each of them:

1. Minister of Finance

2. Ministry of Finance

3. Board of Accounting and Auditing Board

4-Profession, accounting profession, accounting and auditing.

5. Professional organization, Association of Chartered Accountants

6. Board of Directors, Board of Directors of the Association of Chartered Accountants.

7. The legal accountant, who obtained the certificate of the legal accountant in accordance with the legal provisions in force.

8. Professional Accountant -- who holds a vacation in the economy or equivalent, and exercises accounting and professional regulation.

9. Auditors, the licensed legal accountant, audit and audit, whether it is a natural person to engage in his name or to account for a professional company and his responsibility for the audit profession and to express an opinion on the fair representation of the financial centre of the audited entity.

10. Internal auditor, person who works regularly with the auditor.

11. Accounting is the application of the accounting rules, principles and standards adopted by the Board of Auditors and the corresponding work.

12. Audit of financial statements. Examination of financial statements with a view to expressing an opinion as to whether they have been prepared in all substantive respects according to specific accounting standards and represent fairly and in all material terms the financial position of the auditor.

13. Certificate of Legal Accountant .. the certificate granted by the Ministry of Finance to the arbiters of the legal accounting certificate examination.

14. License. The document issued by the professional organization which gives its owner the right to engage in occupation according to the provisions of this law.

15. Professional company, a civil company or a limited professional company, is registered under the laws and regulations in force.

16. Audit services. The practice of a legal accountant includes providing or offering the following services:

a. Audit services and audit of financial statements and accounts of different types and opinions.

b. Specific vetting procedures or agreed procedures.

c. Prepare the tax statement or any information required by law.

d. Development of financial and accounting systems for enterprises and companies.

e. Corporate, institutional and business valuation services.

17. Internal audit. Examine and assess the adequacy and effectiveness of internal control systems and the quality of performance when performing different activities.

Part two.

Accounting and Auditing Board


Article 2

a. The Accounting and Audit Board shall be constituted as follows:

1. Minister of Finance, President

2. Associate Minister of Finance with Taxes and Fees -- Member and Vice-President

3. General Manager, Tax and Fee Authority, member

4. Director General of the Insurance for Insurance Member

5. Central Agency for Financial Control Member

6. Executive Director of the Damascus Stock Exchange Member

7-Member of the Board of Commissioners of Securities and Financial Markets Authority competent for accounting and auditing. Member

8. Deputy Governor of the Central Bank of Syria ... Member

9. President of the Board of the Board of Chartered Accountants .. Member

10. Director of Internal Trade, Ministry of Economy and Trade, member

11. One of the members of the faculty of teaching or auditing at a Syrian university and from practising for a minimum of five years chosen by the minister based on the placement of the university president.

12. Persons with experience and competence in accounting in the private sector selected by the Minister based on the placement of the Federation of Chambers of Industry or Commerce ... Member

13. Three experts in accounting and auditing standards, two persons nominated by the professional organization and one chosen by the minister from the holders of a legal accountant, a member.

b. The term of office of each of the members provided for in paragraphs 11, 12 and 13 of paragraph 1 of this article shall be renewable once and may be changed by appointing an alternative to the remainder of its membership in the same manner as it has been appointed.

Article 3

1. The Council shall meet at the invitation of its President or Vice-President at the time of his or her absence on a legal basis every three months or whenever the need arises and the quorum for its meetings shall be the presence of the majority of its members, including the President or his or her deputy, whose decisions shall be made by the majority of the votes of its members.

2. The Council shall have an Executive Directorate which occurs in the Ministry of Finance, which shall be determined by decision of the Minister.

3. The Minister issues the rules of procedure of the Council.

Article 4

The Council aims to:

1. Supervision of the accounting and auditing profession to upgrade its performance.

2. To affirm the quality and accuracy of the work of professional companies and auditors in Syria;

3. Oversight of accounting and financial work is a strengthening of trust in accounting and auditing activities.

Article 5

The Council shall be competent to develop the necessary policies and systems to achieve its objectives and, in particular:

1. Adopt the necessary training policies to upgrade the profession.

2. To monitor developments in the area of systems, accounting standards and auditing standards at the international level and to follow up on their application in Syria;

3. Obligation of relevant stakeholders to apply accounting standards, international financial reporting standards, international auditing standards and international evaluation standards in the light of domestic and international developments and variables within a time-bound plan developed by the Accounting and Auditing Board.

4. Conduct research to ensure that international accounting standards, international evaluation standards and international auditing standards are applied in a manner consistent with economic, financial and legal conditions and that these standards are disseminated and mandatory.

5. Examine the needs of the users of the financial lists in order to achieve greater transparency of these lists.

6. Adoption of the general framework of the examination decisions provided for in this Law.

7. Conduct studies and propose appropriate solutions to address differences in accounting matters with financial services.

8. To work on the holding of scientific and professional conferences with Arab and international organizations in the field of accounting and auditing and to activate their recommendations.

9. Control of accounting and auditing offices and companies that audit fund companies in cooperation with the professional organization.

10. Coordination of cooperation and use of technical support programmes provided by international technical support programmes.

11. To contribute to the interaction between universities and institutes and the corresponding development in accounting standards and international financial reporting.

12. Identification of allowances to be collected in favour of professional organization based on the proposal of the Board of Directors.

13. To make decisions regarding the interpretation and amendment of the rules of practice.

14. To add other services covered by auditing and auditing in accordance with international standards.

15. Opinion on tax and accounting matters.

Article 6:

The Council may use such expertise and competence as it deems necessary.

Article 7

The Council may establish standing or temporary committees from among its members to assist it in the performance of its functions. Such committees shall submit their proposals to the Council for adoption by decision.

Article 8

The members of the Council are called by a decision of the Prime Minister upon the Minister's proposal.

Section III

Certificate of legal accountant

Chapter I

Certificate granting conditions


Article 9:

A chartered accounting certificate shall be granted to natural persons who have the following conditions:

1. In terms of legal terms:

a. To be Arab or in its rule for more than ten years or from the nationals of the Arab States that have passed the condition of reciprocity and shall not be less than 25 years of age and no more than 50 years.

b. Ungoverned by an offence involving honesty, honour or an economic offence.

c. Non-theatre for a reason that affects the integrity or honour of the function on the basis of a judgement of the peremptory norm.

d. To be a university leave holder from one of the faculties of the economy, or equivalent to other accounting or competence, provided that there is a certain number of decisions in the accounting article to be determined by the Council from the universities of the Syrian Arab Republic or equivalent in accordance with the equivalence decision of the Committee equal to Scientific certificates to the Ministry of Higher Education.

2. In terms of passing the examination:

a. To successfully pass an examination conducted by the Admission Commission in accordance with the terms and conditions established by the Board.

b. The Council may issue a decision to equalize accounting certificates from internationally accredited associations or institutes and the applicant is subject to the application of the formula for examination materials relating to Syrian laws prescribed by the Council.

Chapter II

Committee for the Admission and Supervision of the Examination


Article 10:

The Certificate of Legal Accountant is conducted under the supervision of the Ministry of Finance at least once annually.

Article 11

1. By decision of the Minister of Finance, form the Committee for Admission and Examination as follows:

1. Associate Finance Minister or designated minister of finance minister

2. President of the Professional Organization, Member and Vice-Chair

3-A delegate from the Ministry of Economy and Trade, at least a director.

4-A delegate from the Ministry of Finance at the rank of manager at least from the holders of a chartered accountant, a member ...

5. Delegate to a Faculty of Economics-Accounting Section, Faculty of Profit, Professors and from Plaureates, Legal Accountant, Member

6. Delegate to the Central Financial Supervisory Service, with the rank of manager and from the holders of a chartered accountant. Member

7. Two delegates from the professional organization and those who exercised the profession for at least ten years, nominated by professional organization, two members.

8. A member of the Ministry of Finance, nominated by the Minister of Finance, as a member and secretary of the Ministry of Finance.

2. The Committee shall meet at the invitation of its Chairman and shall correct its meetings only in the presence of at least five members, including the Chairperson of the Committee, whose decisions shall be taken by the majority of the votes and in the event of equal votes by the President.

Article 12:

The Committee's functions are:

1. To propose the terms and conditions of acceptance and supervision of the examination and to propose its decisions and submit them to the Council for approval.

2. Examination and decision of applications for applying for a legal accounting certificate.

3. The written examination shall take place under the supervision of the Committee and support the Ministry of Finance.

4. The necessary draft resolution should be submitted to the Council for approval of assets.

The examination questions shall be set by a committee designated by the Board by decision of its President and the Committee shall charge the Admission and Examination Committee with compensation for such acts, which shall be determined by decision of the Board.

Article 13:

1. Applications for the examination shall be submitted to the Ministry of Finance or its Directorates in the governorates within the dates specified by the Board.

2. The Committee shall decide on such requests within sixty days of the date of the expiration of the date of acceptance of the applications.

3. The Minister shall, on the proposal of the Committee, issue a decision containing the names of the applicants who are admissible and who are entitled to take the examination.

Article 14:

The Minister shall issue a decision, including the names of those who have passed the examination, and that his decisions are not subject to appeal and review and correct the material errors by decision of the Minister.

Article 15:

The Minister shall sign the Certificate of Legal Accountant and preserve all papers and records and the documents of the Admission and Examination Committee in the Ministry of Finance.

Article 16:

1. The successful examination of the law of the law of the accountant before the Civil Start Tribunal in the Centre shall lead to the following right:

I swear to God, to perform the duties of my profession as a legal accountant with honor and honesty, and to always adhere to the law and order, and to preserve the secrets of the profession and to take care of its morals and rules, and God, I say, as a martyr.

2. A record of the oath of office shall be free and maintained in the file of the legal accountant after the signing by the Chairman of the Admission Commission.

Article 17

1. A certificate holder shall have the right to practise the profession only upon completion of the training provided for in this Act.

2. After the registration in the general register of chartered accountants, the legal accountant is a supportive member of the professional organization and has to complete the accession procedures in accordance with the rules of procedure of professional regulation.

3. The legal accountant is a member of the professional organization after obtaining the licence.

Chapter III

Constraint in Public Record


Article 18:

1. The Secretariat of the Board maintains the Public Register of Certified Accountants 0

2. Professional organization holds the following records:

a. Registry of professional accountants.

b. Register of practitioners.

c. Non-working registry.

d. Registry of trainees

e. Internal auditors.

3. Professional regulation shall determine the information and documents that must be recorded or maintained in each registry.

Article 19:

In the registry of practitioners:

1. Table of accountants and auditors of individual companies and institutions and reflected in the corporate agenda.

2. Table of accountants and auditors of funds companies and expressed in the table of funds companies.

Article 20:

A renewal of the occupation's licenses annually and the board of directors shall accept the application for renewal of the licence after the payment of fees, unless there is a disciplinary measure or violation of the provisions of this law in which a decision of the Disciplinary Committee has been issued.

Article 21:

1. On the proposal of the Governing Council, each year the Board shall issue a table on the names of chartered and non-practising chartered accountants and send an image of this schedule to the relevant asset-related bodies.

2. The audited entities shall be audited by the auditor of the accounts receivable from the tables issued by the Board.

Section IV

Professional license.

Chapter 1 Vocational training


Article 22:

1. A register of trainees shall be held in the professional organization.

2. A student is registered with the professional organization as an intern and records in the trainee record of the professional organization, upon written request attached to documents proving the availability of professional training requirements provided for in this law and indicating the name of the legal accountant at which he/she is trained and approved. This is the last one to practice in his office.

3. The application shall be decided by professional regulation within forty-five days from the date of its submission and the application shall be deemed admissible if it is not decided during the period in question.

Article 23:

Duration and conditions of training:

1. The trainee spends a two-year training period in a chartered accountant office or a Syrian professional audit firm that is registered as assets in the registry and two years after the registration of the office or company.

2. A legal representative may not accept an intern in his or her office without the written consent of the professional organization.

3. In one office, more than three interns are accepted only with special permission from the Board of Directors or if it is a professional company.

4. An intern must be trained in audit and full-time work and attend the training lecture programme for trainees prepared by the professional organization annually.

5. An accountant is prohibited from moving to another office prior to the approval of the professional organization in writing and after the opinion of the supervisor's supervisor.

6. The professional organization in the first half of January each year establishes a general programme of lectures on vocational training and includes scientific, scientific and application activities.

7. The Board of Directors shall supervise the training lectures and the cooperation of a committee called the Vocational Training Committee formed by the Board of Directors.

Article 24:

An intern may not open an office in his name and may attend to the financial services, appeal committees and others as an agent for the legal accountant or for the company that exercises her training without having the right to sign the statements or submissions to those bodies.

Article 25:

1. Trainees shall not be trained for more than sixty days annually.

2. Upon completion of the period of training, an intern shall present an application research in one of the subjects relating to the profession to be discussed by a committee formed by the Governing Council and the result of which is given the result of the licence.

Article 26:

The accountant under training deserves a reward determined to be minimal by decision of the board of directors.

Chapter II

Profession


Article 27:

The profession of a legal accountant, an independent intellectual profession exercised by a natural person, a civil professional company, or a limited professional liability company, licensed assets and registered with the Ministry of Economy and Trade.

A professional licence is granted to natural persons who have the following conditions:

1. To be certified by a Syrian legal accountant.

2. Be in Arab Syria or in his rule for more than ten years and not be more than 52 years old.

3. An offence involving honesty and honour or an economic offence is not governed by a crime.

4. Not theatre due to integrity or functional honour based on a deterministic judgement.

5. To have obtained the training document from professional organization in accordance with the provisions of this Law.

6. To set a clear place and address for the profession.

7. To apply for registration in order to engage in professional regulation with all the required documents.

8. That the student of registration before the Civil Start Court in the centre of the governorate will be sworn in: I swear to God Almighty to exercise my profession with honesty, honour and faithfulness, and not to hide the truth.

b. A record of the performance of the right shall be free and shall be kept in the file of the auditor student in the professional organization.

9. To pay the cash allowances specified in the professional organization.

10. Professional regulation shall be granted by the Board of Practice following the approval of the Board.

Chapter III

Conditions and rules of practice


Article 29:

It is forbidden for anyone:

1. Unlicensed audit work.

2. To act in any major function relating to the accounting work of the participating companies and the limited liability provided for in article 76, paragraph 1, of this Law after the passage of the period provided for in paragraph 1 of Article 96 of this Law and the instructions under which it is promulgated If it's not registered in the accountants' schedule.

Article 30:

The legal accountant is named with the licence number and date in all of his correspondence, reports and statements, and if he works through a legal personality, the company name and license number must be added.

Article 31:

Non-persons who are licensed under this law and registered in the professional organization are prohibited from using assets to use the title of a legal accountant, auditor, auditor, or similar expression in any language either in its own designation or in its commercial title and whether or not in the appointment of its business type of business. Her propaganda.

Article 32:

Every normal person or consideration has chosen to appoint an auditor that must be selected from among the companies or chartered accountants registered in the general register of the individuals.

Article 33:

Every person who is licensed to practise the profession should know the title of the professional organization in the title of his office, in which he will exercise the profession for his private account or the office in which he will exercise it for others within six months of the date of the decision to grant him the license, and considers this licence to be cancelled if he does not do so as he does not. He is entitled to apply for a new license to practise the profession.

Article 34

A person is not entitled to claim any fees or to recover any expenses as a chartered accountant or auditor unless the profession is exercised in accordance with the provisions of this Act.

Article 35:

Financial and tax data shall be considered legally accredited only if adopted by a chartered accountant.

Article 36:

In addition to the provisions contained in the Income Tax Act No. 24 of 2003 and its amendments and the Companies Act No. 3 of 2008, a decision may be taken in the cabinet based on the Minister's proposal to identify cases in which public and private entities must adopt a legal office or accountant for approval. Her accounts and annual budget.

Article 37:

Taking into account the principle of independence of legal accountants within the limits of its competences provided for in this Act, the following acts shall be carried out:

1. To be present before the financial services and financial committees or with jurisdiction under an agency or a delegation of assets in order to carry out the work and procedures relating to the functions assigned to it within the limits of the business of accounting and auditing.

2. Non-chartered accountants and special relationship owners may not be present before the above-mentioned parties.

Article 38:

Taking into account the principle of independence and impartiality in accordance with the standards of international auditing of legal accountants within the limits of its competence in this law, the following acts shall be carried out:

1. Provision of advice, professional experience, arbitration and liquidation in accounting, financial and tax areas, as well as vetting and auditing of individuals.

2. Study and analyse the economic, administrative and financial situation of enterprises and companies.

3. Preparation of financial, economic and accounting studies and feasibility studies for economic projects.

4. To give advice and undertake scientific, administrative and financial studies and to express an opinion to a public or private body that costs it.

5. Provision of tax consultations.

6. Conduct economic statistical studies to account for economic and professional institutions.

7. Organization of accounts and inventory and the development of accounting and financial regulations for those who do not audit their accounts.

8. Develop corporate and institutional assessment studies and convert them into another legal form or merger with each other.

Article 39:

The legal accountant has access to all books, accounting restrictions, supporting documents and the statement of real financial position of the company or institution. In all cases, the authority of the legal accountant shall not be reduced in such a way as to hinder him from carrying out his or her duties and to all those who exercise it. The Legal Accountant worked before her to provide him with the facilities required by him to perform his duties and to be able to access papers, documents, records and all documents, information and data necessary for his or her work.

Article 40:

The legal accountant appointed to audit a financial year may be removed only for the reasons specified in the Companies Act No. 3 of 2008 and its amendments.

Article 41:

1. No financial statements, reports or assessment of assets exceeding 1 million Syrian pounds may be accepted by any administrative, judicial or banking group unless they are certified and signed by a chartered accountant.

2. The amount specified in paragraph 1 may be amended by decision of the Board.

Article 42:

A legal representative may not give an opinion or testimony to any financial elements or statements without having carried out a vetting procedure and has obtained appropriate evidence to express an opinion.

Article 43:

In carrying out its work, the Legal Accountant must comply with the following:

1. To familiarize themselves with the accounting books, restrictions and supporting documents, budgets and budgets of those who have been assigned to audit them and to request such information as may be necessary for the mission to carry out the mission in charge of assets.

2. To verify that the books, records and accounts audited by the organization are fundamentalist and that the management of the entity in writing shall draw attention to any wrongdoing that appears to it and requests that it be addressed and corrected.

3. Objections to objectivity, impartiality, failure to comply with personal influences and full independence in the performance of the functions assigned to it.

4. Regulating appropriate working papers documenting the vetting procedures he has undertaken to reach his professional opinion and these papers may be electronic.

5. To review the work assigned to the members of the audit team under its supervision.

Article 44:

1. The responsibility for preparing the tax statement is the responsibility of the taxpayer and the legal accountant is prohibited from checking the tax data if he or she is involved in the regulation of the books or accounts of the person in charge.

2. The agreement on the audit of the tax statement must be in writing and clearly define the responsibilities of both the legal and the designated accountant.

3. In the event that it is mandated to audit the tax statement, the auditor shall:

a. To evaluate the internal control system and conduct appropriate tests in order to evaluate its efficiency in order to achieve the obligation of the tax law.

b. To draw attention to any imbalance in the internal control system regarding the quality taxes and fees that the designated facility is subject to.

c. Design test-based vetting procedures for the components of the financial statements to cover the obligations of the different quality taxes.

d. Obtain from the designated representative a representation book confirming his commitment to tax laws.

e. Inform the Committee of Audit or Administration in writing or disclosure in case of any violations of tax laws.

f. The disclosure should include clear paragraphs on the commitment to tax laws.

g. The request from the holder for reimbursement of non-GAAP expenses for taxable profits.

h. Specific audit procedures for tax tables if they exist.

i. To carry out vetting procedures to ascertain the adequacy of the tax allocations of the designated holder.

Article 45:

The auditor must not adopt any tax statement believed to be:

1. Contains false or misleading statements.

2. Contains data or information prepared carelessly or without real knowledge.

3. Delete or conceal required information and lead this deletion or concealment to mislead the financial services.

4. All consultations provided by the accounting officer in cases and tax matters must be in writing and signed and in no way can the person in charge believe that consulting the legal accountant is a confirmation of the acceptance or tax rejection of the expenses.

Article 46:

The working papers mentioned in section 4 of Article 43 shall be retained by the chartered accountants for at least five years from the date of scrutiny.

Article 47:

1. On the legal accountant.

a. Take into account the rules of cooperation and respect in its professional and professional relations;

b. To comply strictly with the obligations imposed by the provisions of this Law and the rules, customs and traditions of the profession and to abide by the principles of honour, independence and integrity in all its work.

c. Maintain the secret of the profession and banking secrecy.

(d) To practise the profession in person without the right to power of attorney or delegate except in the case of consolidated or subordinate accounts in accordance with the standards of review and shall be entitled to the use of assistants for his or her responsibility.

e. To sign the responsibility of the work prepared by individuals and interns attached to his office.

2. Legal accountants have to resort to professional regulation if they have a professional dispute.

Article 48:

The legal accountant is forbidden from practising.

1. To assume permanent or temporary private or temporary positions on a salary or compensation of any kind or any other person who is not a full-time profession and has full-time occupation in all circumstances and excludes university professors of occupation according to the provisions of the organization of universities. The legal accountants are responsible for the management of the professional organization.

2. Do industry, trade and others if they are full-time.

3. Conduct acts that are contrary to the status and honour of the profession.

4. Membership of the boards of directors of companies or contributing to them if assigned to audit their accounts as well as the professional company to which they belong.

5. Acceptance of tasks that run counter to its independence and impartiality in the companies that audit it.

6. An audit of a company in the following cases ..

a. If it has ties of kin or lineage up to the third degree, a member of its board, its general manager or its senior shareholders who have more than twenty-five percent of the capital, and does not preclude the appointment of the professional company to which it belongs provided that another member does. The company in the vetting process.

b. If it is a debtor, a creditor, a holding company, a sister, a subsidiary, or is dealt with under conditions that differ from the conditions under which it is in a similar position.

c. If he or she is a former employee or at one of the subsidiaries or sister companies, unless he or she has been left to work for four years.

d. The auditing profession of any company that is a partner or a contributor to it.

7. Prepare economic feasibility studies for companies projects that audit their accounts if such studies are to be used by others.

8. To evaluate or re-evaluate companies or institutions for the purposes of converting their legal form if they or they have participated in their audit during the three years prior to the evaluation process.

9. Propaganda for itself by any means of advertising in a manner that is disruptive to the status of the profession or in a manner inconsistent with its traditions or making any publicity for its person by any means.

10. Speculation or competition of any other legal accountant to obtain employment in an image that is prejudicial to the profession, whether directly or indirectly.

11. Disclosure of information and secrets accessed through its work shall be examined only on the basis of a judicial request.

12. To express an opinion contrary to the fact that the books, records and accounting data contained and to sign accounts reports that were not checked by him or by a staff under his supervision.

13. To testify and to sign the validity of statements, final accounts and budgets that do not reflect the correct financial position of the entity that has been commissioned to audit it.

14. Organization of incorrect data in any report, accounts or document prepared by the profession.

15. To place incorrect reports or to validate different facts in any document that must be issued under the rules of practice.

16. To approve the distribution of false or unreal profits.

17. commit any negligence or serious professional error that damages others.

18. contravention of the regulations and instructions issued under this Act and other legislation relating to the profession, including the failure to disclose the misappropriation in the funds of the entity that it audits, manipulation or forgery in such accounts.

Article 49:

1. A legal accountant may not be inspected while his or her office is searched or reserved except on a judicial order and the head of the professional organization branch in his or her circle is informed to attend or delegate to be assigned by the members of the branch of the organization, and the legal accountant does not have the right to drop his or her right to do so. The proceedings are void.

2. In the event of an inspection of the Office of the Legal Accountant, the documents and documents of customers may be accessed from any quarter only on the basis of a warrant.

Section V

Professional schedules

The Person Companies table


Article 50:

The names of licensed legal accountants are included in

The Person Companies table.

The Money Companies Table

Article 51:

The names of licensed legal accountants are included in the schedule of funds companies according to the following grounds:

1. The auditor shall be appointed for a one-year term renewable up to four years if the appointment of an office in the case of the company is to change the company responsible for the audit and the working group every four years.

2. Natural persons employed by companies and auditing offices are accredited with professional regulation of posts subject to reliance on the following form ..

a. An auditor with a university degree of competence.

b. Principal auditor, with a legal accounting leave plus two years of experience after certification.

c. An audit manager who has a legal accountant's leave plus five years of experience after the certificate.

3. The natural person in the register of funds companies is prohibited from engaging in auditing services only through one company or one audit office.

A person is required.

a. Having exercised the profession for five consecutive years in auditing persons companies and reducing the period to four years after obtaining international certification.

b. Provide a list of professional sessions that have been followed internally or externally with proven documents.

Article 52:

The following are required for scrutiny by companies and offices.

1. Audit firm.

a. A Syrian civil or professional company with limited responsibility for checking accounts and registering assets.

b. At least six persons except partners are employed by the company, including a principal audit and auditor who is accredited by professional organization.

c. The partners of the audit firm who scrutinize funds companies have to have the prior conditions in each partner.

2. Audit office.

a. To be registered with the professional organization.

b. At least three persons except the Director of the Office shall be employed by the Bureau, including a principal audit and auditor who is accredited by the professional organization.

Table of internal auditors

Article 53:

1. Internal auditors working in the audit or internal oversight services of companies and institutions shall be included in the register of internal auditors.

2. Professional regulation shall establish the conditions of limitation in the register of internal auditors.

Table of professional accountants

Article 54 ...

A register of professional accountants is held by professional organization and who have the following conditions.

1. Be a Syrian of nationality or his or her sentence.

2. Be fully civil.

3. Not guilty of a felony or offence against morality or honesty.

4. To have any of the following qualifications ..

a. University Certificate of Accounting Competence.

b. A university degree in economics or its equivalent that includes a minimum of accounting material specified by the Board.

Article 55:

Non-Syrians may exercise accounting provided that they obtain permission from the Council and leave work from the Ministry of Social Affairs and Labour on condition of reciprocity.

Section VI

Profession companies.

Chapter I

Professional companies


Article 56 ...

Certified public accountants may establish, among others, civil companies or limited liability professional companies, with assets registered to deposit a copy of their founding contract or statutes in the professional organization.

Article 57.

The company includes only members of full-time Syrian legal accountants or legal persons from international companies licensed in a country registered to practice as partners, and the subject of such companies is the practice of auditing the accounts, with the council's approval to practise the profession in that regard. The capacity of the company to register the company according to the provisions of the laws in force is required.

1. The legal accountant shall not be a partner in more than one company and no profession shall be exercised outside the scope of the company.

2. Professional regulation shall be notified in writing when any licensed legal accountant joins the company or withdraws from it.

Article 58:

The Civil Professional Company shall be granted the institution in accordance with the provisions of this chapter of this Law. The license to practise the profession under the following conditions

1. Deposit of the establishment contract in the professional organization.

2. Annual payment of allowances.

3. bears a name that includes legal accountants.

4. All partners have registered assets in professional regulation.

Article 59:

If, under the provisions of this law, an auditor in any of the provisions of this law has died in accordance with the provisions of this law, those who are not auditors shall be able to reconcile their positions in the company within three years of the date of death in accordance with the provisions of this law, including the availability of licensing requirements for the exercise of the profession or the liquidation of their rights. In the company, in agreement with the rest of the partners from the auditors and in case the agreement is not possible, the professional organization will evaluate these rights and determine how to liquidate them, and the partners are obliged to follow the company unless they agree to a dispute.

Article 60:

The ratio of income tax to net profits achieved by enterprise companies is determined by the provisions of this law at a rate of 22 % and twenty percent, including contribution to sustainable development.

Article 61:

In accordance with the provisions of this Law, the company shall renew its annual licence under the penalty of not being included in the company schedule.

Article 62:

Each member may withdraw from the company at any time provided that his partners and professional organization are informed of his or her desire to withdraw at least three months in advance.

Article 63:

The fact that the legal accountant is a partner in a professional company does not affect, alter or reduce the application of the provisions of this law to the exercise of the profession.

Article 64:

a. The legal accountants may establish Syrian professional companies in which international accounting companies contribute to the following conditions:

1. The minimum contribution of the international company as a legal person is 25 percent of the capital and no more than 49 percent.

2. The remaining partners shall be certified Syrian legal accountants in accordance with the provisions of this Law and shall not have less than five years of experience after obtaining the licence or four years after obtaining an internationally recognized certificate following the approval of the Board.

3. Accountancy companies registered in accordance with this article may use non-Syrians in accordance with the laws and regulations in force and after the approval of the Council.

4. Any contract or document that contravenes the provisions of the establishment contract or the statute of the Syrian professional company shall be void.

b. Taking into account the provisions of paragraph a:

1. Syrian legal accountants may not represent, promote or act on behalf of non-Syrian international accounting firms or use their trademarks or commercial name.

2. International accounting companies may register representative offices in Syria under Act No. 34 of 2008 and with the approval of the Council.

3. A Syrian member may be a professional partner in the international company following the approval of the Council.

4. The professional company member shall sign the audit reports of the companies that audit them.

Article 65:

1. The foreign partner is entitled to transfer its annual profits in addition to the value of its share of property rights outside of Syria when the company is liquidated or withdraws from it after the payment of taxes and charges.

2. The liquidation or withdrawal of the professional company shall not affect the professional responsibility for the work carried out during the presence of the international company.

Article 66:

Accounting and auditing companies must be registered in a special register established in the professional organization that establishes the names, qualifications and restricted schedule of the partners and the date and number of the registration and that such companies may exercise their business only after they have been registered in this register.

Chapter II

Professional companies have limited liability


Article 67:

1. A limited liability professional company is a single enterprise company that is offering or offering professional services according to the provisions of this Act and all partners must be licensed to practise in their country or their main duty station.

2. The number of founders of the professional company shall not be limited to two persons, one of whom may be an international accounting firm and the other is a member of the professional organization.

Article 68:

A professional civil enterprise may be transformed according to the provisions of this Act to a professional limited liability company.

Article 69:

1. The capital of the professional company shall be limited to a limited liability of 3 million Syrian pounds and the Council may increase this amount.

2. The Company's capital may be increased according to the procedures established by the statute of the professional company, with limited liability either by increasing the value of the members' shares or by joining them with additional contributions, and may reduce the capital of the company to the value of the shares that the owners wish to recover in a holistic manner. or partial and all of that on condition that the company's capital does not reach below the specified minimum.

Article 70:

The professional company has limited liability insurance against professional errors and sets its terms and scope by decision of the Board.

Article 71:

Each partner is considered to be responsible for their professional conduct while each partner considers civilian officials within their share of the company's capital.

Article 72:

Each of the partners shall be professionally responsible for their professional errors and errors of persons under their supervision and shall not be liable for any claim by the company for professional negligence that has not been issued.

Article 73:

The capital of the professional company is limited in liability to equal, indivisible and negotiable shares between partners or for others with the consent of the majority of the partners. The company's statute may provide for the right of preference and issue shares at a nominal value not less than the amount specified by the company. The statute of the company and the partners of the professional company are limited in charge of the company's debt, not as much as their contributions.

Article 74:

Limited liability, all correspondence and a "limited liability professional company" are advertised in the company's professional publications.

The provisions of the Companies Act No. 3 of 2008 apply to the professional company of limited liability in all unless it is provided for in this law.

Article 75:

The provisions of article 5, paragraph 5, of Legislative Decree No. 51 of 2006 may apply to professional companies registered with professional regulation.

Chapter III

Binding auditors


Article 76:

1. Taking into account any other legislation that the following authorities commit to adopt an auditor:

a. joint-stock companies with limited liability for the certification of auditors registered in the register of funds for audit purposes.

b. Solidarity and recommendation companies whose capital or annual sales volume exceeds 10 million Syrian pounds by adopting a verified auditor in the register of persons companies.

c. Institutions or companies to which the registration limit applies in accordance with the tax legislation in force.

d. Unions and associations whose regulations provide for the adoption of an auditor.

2. The contributing companies and senior officials are committed to appointing a professional accountant accredited by professional organization in any major function related to the accounting business, and this obligation applies to companies with limited liability whose capital or annual sales volume exceeds 100 million Syrian pounds and is carried out. Verify the audit report.

3. A fine of 50,000 Syrian pounds shall be imposed on anyone who has failed to appoint a professional accountant in accordance with the provisions of paragraph 2 of this article to be reimbursed to the State treasury and doubled in repetition.

4. A fine shall be imposed not less than 300,000 300,000 Syrian pounds, and no more than 500,000 500,000 Syrian pounds shall be imposed on each entity to designate an auditor contrary to sections A-B of paragraph 1 of this article to be paid to the public treasury of the State.

Section VII

Professional responsibility


Article 77:

The purpose of the audit of the financial statements is to enable the auditor to express an opinion on whether the financial statements are prepared under specific accounting standards and that the objective is to audit any financial statements, elements or information prepared in accordance with certain criteria.

Article 78:

The auditor is responsible within the limits of his opinion in the financial statements. His report shall contain "our opinion" and the auditor shall withhold opinion or apologize for scrutiny if he is unable to obtain the information, information and documents that would enable him to express an opinion.

Article 79:

An auditor may not sign or express an opinion on any statements unless the audit procedures have been applied to the elements of such data or information or those certifying or giving an opinion.

Article 80:

The auditor has sufficient evidence to be able to express an opinion or to reach conclusions that build his opinion on them.

Article 81:

The audit opinion enhances the credibility of the financial statements by providing a relative confirmation, not at all, in accordance with the terms of the audit criteria. The auditor relies in his opinion on the vetting procedures that he is conducting, according to his professional opinion in the internal control system, and the sample is used in a process. Check.

Article 82:

The auditor shall not use the information obtained during the audit to achieve material or financial interest or any commercial benefit.

Article 83:

The enterprise or enterprise management is responsible for the preparation and fair presentation of the financial statements in accordance with the accounting standards. This responsibility includes the design and implementation of the internal control system for the preparation and presentation of financial statements that are free from material misstatement, whether due to fraud or error and application Appropriate accounting policies and the work of reasonable accounting estimates and the audit opinion does not relieve the management of the enterprise or company of its responsibility for such accounts.

Article 84:

The responsibility of the auditor is to express an opinion on the financial statements based on its audit and to carry out the vetting procedures in accordance with specific audit criteria and to plan and audit to obtain reasonable assurance as to whether the financial statements are free from material misstatement.

Article 85:

1. The user of the financial statements cannot assume that the audit opinion is an absolute confirmation of the continuity of the enterprise or of the effectiveness or efficiency of the Administration in carrying out its functions.

2. The tax statement prepared by the statutory accountant cannot be considered as a confirmation of the validity of tax estimates.

Article 86:

The auditor must maintain the professional confidentiality of the information obtained during his audit, and may not provide such information to anyone who was only at the request of the judiciary.

Article 87:

The auditor must strictly observe the duties imposed by the provisions of this law and the norms, customs and traditions of the profession and abide by the principles of honour, independence and integrity in all its work.

Article 88:

Workers at audit offices or companies are prohibited from disclosing information obtained by virtue of their work or using them for material or moral benefit.

Article 89:

The audit report should refer to the audit conducted according to specific audit criteria only when it has fully complied with all of these standards.

Article 90:

The auditor must abide by the rules of professional conduct adopted from the professional regulation and professional ethics rules issued by IFAC.

Section VIII

Professional organization resources


Article 91:

1. Financial resources for professional organization consist of:

a. Registration and re-registration allowance.

b. Annual occupation allowance.

c. Training allowance and examinations.

d. Allowance for issuance of licence, professional card and any other documents issued by the professional organization following its adoption by the Council.

e. Assistance, voluntary contributions, grants and donations, provided that they are approved by the Prime Minister if they are from a non-Syrian source.

f. The proceeds of movable and immovable property owned or invested by the professional organization.

The proceeds of professional organization activities.

h. allowance for services provided by the professional organization as defined by the Board.

i. Proportion or lump sum of fees of chartered accountants determined by decision of the Board upon proposal by the Board of Directors.

j. Allowance for participation in the magazine of professional organization and the weight of its publications.

k. Any other resources approved by the Board.

2. Professional regulation shall meet the allowances provided for in paragraph 1 of this article and shall be determined by decision of the Board upon the proposal of the Governing Council.

Section IX

Sanctions


Article 92:

1. If an auditor commits any violation of the provisions of this law or acts in breach of his or her responsibilities or rules, standards, grounds and ethics, or has committed an act that is prejudicial to his or her place and the status of those working in it, he shall be referred to the Disciplinary Committee for the problem of professional regulation.

2. The Disciplinary Committee referred to in the preceding paragraph by decision of the Minister shall form the following form:

A judge at the rank of chancellor.

Two members of the Board of Professional Regulation, members

A jury expert with the courts is a member of the profession.

Representative of the Ministry of Finance selected by Minister: Member

The Committee has recourse to those who see it appropriate.

3. The auditor of the accounts contrary to the provisions of paragraph 1 above shall be punished by one of the following disciplinary sanctions:

a. Linear caveat.

b. Linear warning.

c. A suspension from the profession for a period of not more than three years.

d. Abolition of licence.

4. The decision of the Disciplinary Committee shall be subject to approval by the Council if one of the sanctions provided for in paragraphs c and above is guaranteed.

5. If the offender is an intern, a written alert, a written warning or a suspension of training for a period of not more than one year shall be punished.

Article 93:

Upon request for the suspension of the exercise of the profession, he may be re-restricted by the provisions of this Act after the end of the suspension.

Article 94:

With the retention of the provisions set out in the tax and fee laws, the right to prosecute auditors in accordance with the provisions of this Act shall fall two years from the date of submission of the report.

Article 95:

In addition to the penalties provided for in the Companies Act 3 of 2008, the Securities and Markets Authority Act No. 22 of 2005 and the Income Tax Act No. 24 of 2003 and its amendments, each shall be punished by:

1. An auditor shall be audited or exercised without the right of an auditor's profession in addition to the penalties provided for in article 458 of the Penal Code by imprisonment of no more than one year and not less than one month.

2. The profession shall practise without obtaining a licence under the provisions of this Act, including during the period of suspension of a monetary fine, not less than 50,000 Syrian pounds, no more than 100,000 Syrian pounds, which shall be paid to the public treasury of the State and shall be punished in the case of repetition with a minimum penalty. From paragraph 1 above.

Section X

Final and transitional provisions


Article 96:

1. Every person or company employed in accounting or auditing upon the entry into force of the provisions of this Act shall apply to the professional organization to register its name and obtain the licence from the Council within three years of the date of the enactment of this Act in accordance with the rules of practice of the profession.

2. Not everyone who holds a legal hold in professional regulation before the promulgation of this Act shall be subject to the requirement of training and age and shall have the right to obtain a licence and to include his or her name in the employment tables in accordance with the provisions of this Law.

3. The parties mentioned in paragraph 2 of article 76 shall be granted a period of three years to align themselves with their provisions.

4. The auditor certified by the Securities and Financial Markets Authority and the Insurance Supervisory Authority on the date of this Act shall be granted three years from the date of its entry into force for the conciliation of their status with the provisions of the Act.

Article 97:

In all unless it is provided for in accordance with the provisions of this Law, the Law on Associations and Private Institutions No. 93 of 1958 applies and the professional organization is amending its rules of procedure in the light of this.

Article 98:

The Republican decision No. 1109 ends the history of 13-9-958 and its amendments are repealed and each text is repealed in violation of this law.

Article 99:

This Act is published in the Official Journal and is considered effective from the date of its promulgation.

Damascus in 14-12-1430 A.H., 112-2009, my birth.

President

Bashar al-Assad

Lawyer Naam Al-Masri












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Statement of the People's Assembly on the seventieth anniversary of independence

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