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Version status: Revoked | Document consolidation status: Updated to reflect all known changes
Published date: 15 June 2016

European Union (Statutory Audits) (Directive 2006/43/EC, as amended by Directive 2014/56/EU, and Regulation (EU) No 537/2014) Regulations 2016 [S.I. No. 312 of 2016]

Comparing proposed amendment...
Introductory Text
Part 1 Preliminary Matters (regs. 1-4)
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Regulation 1 Citation, commencement and construction
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Regulation 2 Revocation and savings
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Regulation 3 Application
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Regulation 4 Interpretation - general
Part 2 Amendment of Companies Act 2014 (regs. 5-31)
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Regulation 5 Definition
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Regulation 6 Amendment of section 2 of Principal Act
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Regulation 7 Amendment of section 35 of Principal Act
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Regulation 8 Amendment of section 322 of Principal Act
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Regulation 9 Amendment of section 336 of Principal Act
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Regulation 10 Amendment of section 337 of Principal Act
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Regulation 11 Amendment of section 380 of Principal Act
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Regulation 12 Amendment of section 390 of Principal Act
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Regulation 13 Amendment of section 394 of Principal Act
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Regulation 14 Amendment of section 900 of Principal Act
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Regulation 15 Amendment of section 904 of Principal Act
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Regulation 16 Amendment of section 905 of Principal Act
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Regulation 17 Amendment of section 906 of Principal Act
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Regulation 18 Amendment of section 907 of Principal Act
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Regulation 19 Amendment of section 918 of Principal Act
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Regulation 20 Amendment of section 919 of Principal Act
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Regulation 21 Amendment of section 930 of Principal Act
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Regulation 22 Amendment of section 932 of Principal Act
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Regulation 23 Supplemental provisions in relation to section 934 (including as concerns its relationship to provisions of 2016 Audits Regulations)
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Regulation 24 Amendment of Principal Act
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Regulation 25 Amendment of section 938 of Principal Act
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Regulation 26 Amendment of section 941 of Principal Act
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Regulation 27 Application to court to confirm decision to impose relevant sanction
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Regulation 28 Amendment of section 1097 of Principal Act
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Regulation 29 Amendment of section 1305 of Principal Act
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Regulation 30 Amendment of section 1441 of Principal Act
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Regulation 31 Amendment of section 1448 of Principal Act
Part 3 Designation of Competent Authority and Assignment of Functions (regs. 32-36)
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Regulation 32 Designation of competent authority
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Regulation 33 Assignment of functions
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Regulation 34 Annual audit programme and activity report
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Regulation 35 Operation of certain provisions with regard to particular recognised accountancy bodies
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Regulation 36 Conflicts of interest to be avoided
Part 4 Approval of Statutory Auditors and Audit Firms, Prohibition on Unapproved Persons Acting as Auditor, etc. (regs. 37-56)
Chapter 1 Approval of Statutory Auditors and Audit Firms (regs. 37-48)
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Regulation 37 Applications for approval, general principle as to good repute, etc.
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Regulation 38 Basis on which audit firms approved in other Member States may carry out audits in State
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Regulation 39 Restriction as to persons who may carry out statutory audits
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Regulation 40 Restriction on acting as statutory auditor
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Regulation 41 Restriction on acting as statutory audit firm
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Regulation 42 Offence for contravening Regulation 39, 40 or 41
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Regulation 43 Conditions for approval as statutory auditor
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Regulation 44 Transitional provisions
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Regulation 45 Appropriate qualification for purpose of Regulation 43(a)
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Regulation 46 Conditions for approval as statutory audit firm
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Regulation 47 Powers of Director of Corporate Enforcement
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Regulation 48 Evidence in prosecutions under Regulation 47
Chapter 2 Aptitude Test (regs. 49-51)
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Regulation 49 Aptitude test to be passed
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Regulation 50 Scope of aptitude test
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Regulation 51 Adequate standards to be applied in administration of aptitude test
Chapter 3 Withdrawal of approval (regs. 52-56)
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Regulation 52 Grounds for mandatory withdrawal of approval in case of statutory auditor
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Regulation 53 Grounds for mandatory withdrawal in case of statutory audit firm
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Regulation 54 Appeals against withdrawal of approval
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Regulation 55 Certain persons to be notified of withdrawal of approval
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Regulation 56 Other persons to be notified of withdrawal of approval
Part 5 Standards and Provisions Applicable to Statutory Auditors and Audit Firms (regs. 57-83)
Chapter 1 Appointment of Statutory Auditors or Audit Firms (regs. 57-61)
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Regulation 57 Prohibition of contractual clauses restricting choice of auditors
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Regulation 58 Selection procedures for statutory auditors or audit firms by public-interest entities
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Regulation 59 Appointment of statutory auditors or audit firms by public-interest entities - informing the Supervisory Authority
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Regulation 60 Removal of statutory auditors or audit firms by public-interest entities - supplementary provisions
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Regulation 61 Directors' report to include date of last appointment of statutory auditor or audit firm
Chapter 2 Standards for Statutory Auditors (regs. 62-66)
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Regulation 62 Continuing education
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Regulation 63 Professional ethics
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Regulation 64 Independence, objectivity and professional scepticism
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Regulation 65 Standards for purposes of Regulations 62 to 64
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Regulation 66 Arrangements for enforcement of standards
Chapter 3 Confidentiality and Professional Secrecy (regs. 67-76)
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Regulation 67 Rules of confidentiality to apply
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Regulation 68 Supplemental provisions in relation to Regulation 67
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Regulation 69 Saving
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Regulation 70 Rules of confidentiality in relation to entities in third countries
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Regulation 71 Incoming statutory auditor or audit firm to be afforded access to information
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Regulation 72 Access by recognised accountancy body to audit documents
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Regulation 73 Access by Supervisory Authority to information and documents held by recognised accountancy bodies or relevant persons
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Regulation 74 Professional privilege
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Regulation 75 No liability for acts done in compliance with Regulations
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Regulation 76 Restriction of section 940 of Companies Act 2014
Chapter 4 Auditing Standards and Audit Reporting (regs. 77-81)
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Regulation 77 Auditing standards to be applied
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Regulation 78 Audit of group accounts - responsibility of group auditor
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Regulation 79 Further responsibility of group auditor
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Regulation 80 Additional report to audit committee
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Regulation 81 Auditors' reporting obligations under Article 12 of Regulation (EU) No 537/2014
Chapter 5 Record keeping (reg. 82)
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Regulation 82 Record keeping
Chapter 6 Objectivity (reg. 83)
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Regulation 83 Future viability
Part 6 Public Register (regs. 84-90)
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Regulation 84 Public register
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Regulation 85 Notification of information to Registrar of Companies
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Regulation 86 Prohibition on certain acts unless registered
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Regulation 87 Obligation of statutory auditor or audit firm to notify certain information
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Regulation 88 Information must be signed
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Regulation 89 Removal of third-country auditor or audit entity registered in accordance with Regulation 135 from public register
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Regulation 90 Language of information to be entered in public register
Part 7 Independence (regs. 91-106)
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Regulation 91 Requirement for independence - general
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Regulation 92 Professional scepticism
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Regulation 93 Prohibited relationships - specific provisions to secure independence
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Regulation 94 Prohibited relationships - financial or beneficial interest
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Regulation 95 Prohibited relationships - mergers and acquisitions
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Regulation 96 Threats to independence and other information to be recorded
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Regulation 97 Preparation for statutory audit and assessment of threats to independence
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Regulation 98 Internal organisation of statutory auditors and audit firms
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Regulation 99 Organisation of work of statutory auditors and audit firms
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Regulation 100 Organisation of work of statutory auditors and audit firms - audit files
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Regulation 101 Restrictions with regard to fees
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Regulation 102 Rotation of key audit partner in cases of public-interest entities
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Regulation 103 Moratorium on taking up certain positions in audited entities
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Regulation 104 Rotation of statutory auditor and audit firms in case of public-interest entities - extension
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Regulation 105 Rotation - reports by statutory auditor and audit firm in case of public-interest entities
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Regulation 106 Provision of certain prohibited non-audit services by auditors of public-interest entities
Part 8 Quality Assurance of Statutory Auditors and Audit Firms (regs. 107-114)
Chapter 1 Quality Assurance (regs. 107-111)
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Regulation 107 Quality assurance by Supervisory Authority of statutory audit of public-interest entities and third-country auditors, etc.
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Regulation 108 System of quality assurance to be put in place
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Regulation 109 Organisation of quality assurance system
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Regulation 110 Quality assurance review deemed to include individual auditors in certain cases
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Regulation 111 Right of recognised accountancy body as regards professional discipline
Chapter 2 Investigations and Sanctions (regs. 112-114)
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Regulation 112 System of investigation and penalties
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Regulation 113 Duty of each recognised accountancy body with regard to sanctions
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Regulation 114 Scope of penalties and publicity in relation to their imposition
Part 9 Audit Committees (reg. 115)
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Regulation 115 Audit committees for public-interest entities
Part 10 Regulatory Arrangements Between Member States (regs. 116-133A)
Chapter 1 Cooperation with other Member States (regs. 116-129)
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Regulation 116 Specific requirements with regard to cooperation
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Regulation 117 Confidentiality of information
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Regulation 118 Supplemental provisions in relation to Regulation 117
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Regulation 119 Obligation to supply information required for certain purposes and saving concerning confidential information
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Regulation 120 Obligation of Supervisory Authority or recognised accountancy body to gather information
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Regulation 121 Application of Regulation 117 to certain information
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Regulation 122 Requesting authority to be notified if its request not complied with
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Regulation 123 Grounds for refusing request for information
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Regulation 124 Use to which information may be put
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Regulation 125 Counterpart authority to be notified of non-compliance with Audit Directive and Regulation (EU) No 537/2014
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Regulation 126 Counterpart authority may be requested to carry out investigation
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Regulation 127 Duty of Supervisory Authority or recognised accountancy body to take certain action
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Regulation 128 Due consideration to be given to counterparty's request for investigation
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Regulation 129 Grounds for refusing request for investigation
Chapter 2 Mutual Recognition of Regulatory Arrangements between Member States (reg. 130)
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Regulation 130 Mutual recognition of regulatory arrangements between Member States
Chapter 3 Transfer of Working Papers to Third-country Competent Authorities (regs. 131-133A)
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Regulation 131 Transfer of audit documentation to third-country competent authority
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Regulation 132 Derogation from Regulation 132 in exceptional cases
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Regulation 133 Particulars of working arrangements to be notified
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Regulation 133A
Part 11 Third-Country Auditors (regs. 134-141)
Chapter 1 International Aspects (reg.134)
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Regulation 134 Approval of third-country auditor
Chapter 2 Registration and Oversight of Third-country Auditors and Audit Entities (regs. 135-141)
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Regulation 135 Registration of third-country auditors and audit entities
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Regulation 136 Exemption from quality assurance
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Regulation 137 Audit by non-registered auditor or audit entity - consequence
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Regulation 138 Conditions for registration of third-country auditor or audit entity
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Regulation 139 Supervisory Authority may assess matter of equivalence for purposes of Regulation 138(2)(c)
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Regulation 140 Certain fees chargeable by Supervisory Authority
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Regulation 141 Exemptions in case of equivalence
Part 12 Miscellaneous (regs. 142-144)
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Regulation 142 Summary proceedings
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Regulation 143 Savings for disciplinary proceedings in being
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Regulation 144 Amendment of Irish Collective Asset-management Vehicles Act 2015
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Schedule 1 Standards relating to training and qualifications for approval of individual as statutory auditor
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Schedule 2 Information required, by Part 6, to be Supplied and Entered in Public Register
Given under
Explanatory Note