Corporations Act. Australia
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Название: Corporations Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086429

isbn:

СКАЧАТЬ of a company or registered scheme that is taken by subsection (1) to have been made because of the appointment of the firm as auditor of the company or scheme is not affected by the dissolution of the firm. This subsection has effect subject to section 324AC.

      (3) A report or notice that purports to be made or given by a firm appointed as auditor of a company or registered scheme is not taken to be duly made or given unless it is signed by a member of the firm who is a registered company auditor both:

      (a) in the firm name; and

      (b) in his or her own name.

      (4) A notice required or permitted to be given to an audit firm under the Corporations legislation may be given to the firm by giving the notice to a member of the firm.

      (5) For the purposes of criminal proceedings under this Act against a member of an audit firm, an act or omission by:

      (a) a member of the firm; or

      (b) an employee or agent of the audit firm;

      acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is also to be attributed to the audit firm.

      324AC Effect of appointing firm as auditor — reconstitution of firm

      Reconstitution of firm

      (1) This section deals with the situation in which:

      (a) a firm is appointed as auditor of a company or registered scheme; and

      (b) the firm is reconstituted because of either or both of the following:

      (i) the death, retirement or withdrawal of a member or members; or

      (ii) the admission of a new member or new members.

      Retiring or withdrawing member

      (2) A person who:

      (a) is taken under subsection 324AB(1) to be an auditor of the company; and

      (b) retires or withdraws from the firm as previously constituted as mentioned in subparagraph (1)(b)(i) of this section;

      is taken to resign as auditor of the company as from the day of his or her retirement or withdrawal.

      (3) Section 329 does not apply to the resignation that is taken to occur under subsection (2) unless:

      (a) the person who is taken to have resigned was the only member of the firm who was a registered company auditor; and

      (b) there is no member of the firm who is a registered company auditor after that person retires or withdraws from the firm.

      New member

      (4) A person who:

      (a) is a registered company auditor; and

      (b) is admitted to the firm as mentioned in subparagraph (1)(b)(ii);

      is taken to have been appointed as an auditor of the company or registered scheme as from the day of his or her admission to the firm.

      Appointments of continuing members not affected

      (5) The reconstitution of the firm does not affect the appointment of the continuing members of the firm who are registered company auditors as auditors of the company or registered scheme.

      (6) Nothing in this section affects the operation of section 324BB.

      324AD Effect of appointing company as auditor

      (1) A report or notice that purports to be made or given by an audit company appointed as auditor of a company or registered scheme is not taken to be duly made or given unless it is signed by a director of the audit company (or the lead auditor or review auditor for the audit) both:

      (a) in the audit company’s name; and

      (b) in his or her own name.

      (2) For the purposes of criminal proceedings under this Act against a director of an audit company, an act or omission by:

      (a) an officer of the audit company; or

      (b) an employee or agent of the audit company;

      acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is also to be attributed to the audit company.

      324AE Professional members of the audit team

      If an individual auditor, audit firm or audit company conducts an audit of a company or registered scheme, the professional members of the audit team are:

      (a) any registered company auditor who participates in the conduct of the audit; and

      (b) any other person who participates in the conduct of the audit and, in the course of doing so, exercises professional judgment in relation to the application of or compliance with:

      (i) accounting standards; or

      (ii) auditing standards; or

      (iii) the provisions of this Act dealing with financial reporting and the conduct of audits; and

      (c) any other person who is in a position to directly influence the outcome of the audit because of the role they play in the design, planning, management, supervision or oversight of the audit; and

      (d) any person who recommends or decides what the lead auditor is to be paid in connection with the performance of the audit; and

      (e) any person who provides, or takes part in providing, quality control for the audit.

      324AF Lead and review auditors

      Lead auditor

      (1) If an audit firm or audit company conducts an audit of a company or registered scheme, the lead auditor for the audit is the registered company auditor who is primarily responsible to the audit firm or the audit company for the conduct of the audit.

      Review auditor

      (2) If an individual auditor, audit firm or audit company conducts an audit of a company or registered scheme, the review auditor for the audit is the registered company auditor (if any) who is primarily responsible to the individual auditor, the audit firm or the audit company for reviewing the conduct of the audit.

      Division 2 — Registration requirements

      324BA Registration requirements for appointment of individual as auditor

      Subject to section 324BD, an individual contravenes this section if:

      (a) the individual:

      (i) consents to be appointed as auditor of a company or registered СКАЧАТЬ