Audit report of the Federal Law. Legislative framework of the Russian Federation. Auditing Law: latest edition

1. Mandatory audit is carried out in the following cases:

1) if the organization has a legal form joint stock company;

2) if securities organizations are admitted to organized trading;

3) if the organization is a credit organization, a credit history bureau, an organization that is a professional participant in the securities market, an insurance organization, a clearing organization, a mutual insurance company, a trade organizer, a non-state pension or other fund, a joint-stock investment fund, a management company of a joint-stock investment fund, mutual investment fund or non-state pension fund (with the exception of state off-budget funds);

4) if the volume of revenue from the sale of products (sale of goods, performance of work, provision of services) of the organization (except for bodies state power, organs local government, state and municipal institutions, state and municipal unitary enterprises, agricultural cooperatives, unions of these cooperatives) for the previous reporting year exceeds 400 million rubles or the amount of assets balance sheet at the end of the previous reporting year exceeds 60 million rubles;

5) if the organization (with the exception of a government body, local government body, state extra-budgetary fund, as well as state and municipal institution) presents and (or) discloses annual summary (consolidated) accounting (financial) statements;

6) in other cases established by federal laws.

2. Mandatory audit is carried out annually.

3. Mandatory audit of the accounting (financial) statements of organizations whose securities are admitted to organized trading, other credit and insurance organizations, non-state pension funds, organizations in the authorized (share) capitals of which the share of state ownership is at least 25 percent, state corporations, state companies, public law companies, as well as accounting (financial) statements included in the securities prospectus, and consolidated financial statements are carried out only audit organizations.

4. An agreement to conduct a mandatory audit of the accounting (financial) statements of an organization in the authorized (share) capital of which the share of state ownership is at least 25 percent, as well as to conduct an audit of the accounting (financial) statements of a state corporation, state company, public law company, state unitary enterprise or municipal unitary enterprise is concluded based on the results of an open competition at least once every five years in the manner established by the legislation of the Russian Federation on the contract system in the field of procurement, goods, works, services for the provision of public and municipal needs, while establishing requirements for securing applications for participation in the competition and (or) securing the execution of the contract is not mandatory.

5. In an open competition for concluding a contract to conduct an audit of the accounting (financial) statements of an organization, the volume of proceeds from the sale of products (sale of goods, performance of work, provision of services) for the previous reporting year does not exceed 1 billion rubles, the participation of audit organizations is mandatory, being subjects of small and medium-sized businesses.

6. Information on the results of a mandatory audit is subject to inclusion in the Unified Federal Register of information on the facts of the activities of legal entities by the audit customer, indicating in the message of the audited entity the data identifying the audited entity (taxpayer identification number, main state registration number for legal entities, insurance number of an individual personal account, if any), name (last name, first name, patronymic) of the auditor, identifying the data auditor (taxpayer identification number, main state registration number for legal entities, insurance number of an individual personal account, if available), list of accounting (financial) statements in respect of which the audit was conducted, the period for which they were compiled, the date of conclusion, opinions audit organization, an individual auditor on the reliability of the accounting (financial) statements of the audited entity, indicating the circumstances that have or may have a significant impact on the reliability of such statements, except for cases where the information to be disclosed in accordance with this part constitutes a state secret or a commercial secret, as well as in other cases established by federal law.

• Auditor's report

  3) federal body executive branch exercising control and supervision functions in the financial and budgetary sphere (hereinafter referred to as the authorized federal body for control and supervision) (in relation to audit reports on the accounting (financial) statements of organizations specified in Part 3 of Article 5 of this Federal Law);

• Quality control of audit organizations and auditors

  5. External quality control of the work of audit organizations conducting mandatory audits of the accounting (financial) statements of organizations specified in Part 3 of Article 5 of this Federal Law is carried out by self-regulatory organizations of auditors in relation to their members, as well as by the authorized federal body for control and supervision.

• External control of the quality of work of audit organizations, carried out by the authorized federal body for control and supervision

  1. External quality control of the work of audit organizations conducting mandatory audits of the accounting (financial) statements of organizations specified in Part 3 of Article 5 of this Federal Law is carried out by the authorized federal body for control and supervision in the manner established by the authorized federal body.

• Grounds and procedure for revocation of an auditor’s qualification certificate

  b.1) officials of the authorized federal body for control and supervision and its territorial bodies that carry out external quality control of the work of audit organizations conducting mandatory audits of the accounting (financial) statements of organizations specified in Part 3 of Article 5 of this Federal Law; Final provisions

  4.1. From January 1, 2012, auditors who have valid auditor qualification certificates issued in accordance with Federal Law of August 7, 2001 N 119-FZ "On audit activities", have the right to participate in audit activities (carry out audit activities) in accordance with the type of auditor qualification certificate they have, with the exception of participation in audit activities (carry out audit activities) provided for in Part 3 of Article 5 of this Federal Law.

The development of the audit market of the Russian Federation on the principles of fair competition, the systematic increase in the level of audit, the creation of conditions for increasing the competitiveness of all specialized organizations are important tasks that the Russian Federation is obliged to ensure, for which the Duma adopted Federal Law No. 307 on auditing activities (for the same purpose it was adopted in 2018).

Federal Law 307 on auditing activities - latest edition as amended 2018

307 of the federal law on auditing activities effectively regulates the activities of specialized organizations and entrepreneurial auditors (such as appearance for individual entrepreneurs). This regulatory legal act determined that auditing activity is the performance of an audit, that is, verification of financial statements to express an objective third-party opinion about it, this also includes any related service, a complex of such services (and to combat bribes in this area it was developed and Federal Law 273 has been finalized, described in more detail).

A separate article of the Federal Law 307 on auditing activities abolished the mandatory licensing in the past, it was replaced by self-regulation, that is, each commercial audit organization will be able to work only after obtaining membership in any self-regulatory organization, so this has to be done compulsorily (similar rules have been introduced into the procedure labor assessment described in the relevant federal law under number 426: details). There is also mandatory principle for organizations that need an audit: this law requires that the auditor be independent of the client - it is impossible to audit with a low degree of independence, this reduces the risk that the auditor will make wrong decisions, give false explanations when performing accounting analysis, and other tasks (this, Federal Law 294 “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs” is also partially considered, which can be found).

Strict requirements for authorized capital of such organizations, there is a rule that says that you can only be an auditor with an impeccable reputation; those who wish to work independently must have appropriate work experience in the field. The procedure for activities that each self-regulatory organization must carry out is regulated.

ABOUT latest changes in the Criminal Code of the Russian Federation Article 159 can be read

When was Law 307 Federal Law on auditing activities adopted?

Given Russian law adopted at the end of December 2008, the effective date is the same December. The new edition has been in effect for quite some time - since May 2017, then Federal Law No. 403 on amendments to certain legislative acts amended art. 1, namely its parts 2, 4, 7, introduced clarifications to other paragraphs.

Comments on Federal Law 307

If the text of this document turns out to be incomprehensible, then to clarify the necessary points it is better to use comments and clarifications, which can be viewed for free by clicking on the link below or use the skills of an online consultant who has all the latest information and will therefore explain the subtleties that Federal Law 307 Federal Law on auditing activities.

On amendments to certain legislative acts of the Russian Federation

The latest innovations to this law were introduced by the Federal Law of December 2014, its number 403. Since it introduced changes to various documents, then it was entitled: Federal Law on Amendments to Certain Legislative Acts.

Summary of changes to the federal law on auditing

The new law requires a new definition of:

1. What are the cases for conducting a mandatory audit;
2. The procedure for conducting an audit of an organization that has earned less than 1 billion rubles in a year is now legal. the person must be checked by representatives of small and medium-sized businesses.

There is also a list of persons who can bring before the court the issue of recognizing an audit as knowingly false.

About accounting

You need to know that the scope of reporting that needs to be checked is determined by another document - on accounting, which is also a Federal Law. According to him, accounting is a set of:

1. Buh. balance;
2. A report confirming profit and loss;
3. Applications (if any main sections have them);
4. Explanatory note;
5. Audit, if it is required for accounting.

Provision of Federal Law 307 changing the terms of payment for housing and communal services

This document was adopted to significantly strengthen payment discipline when paying for all consumed resources. It provides for penalties and fines for all payers. For people, they are relaxed, for example, there will be no penalty for the first month of debt. Then, until the 90th day, 1/300 of the refinancing rate will be charged, then 1/130. The punishment for unauthorized connection of organizations and people to networks has been increased. Other basics of the sphere are also indicated so that citizens do not think that this is a secret, for example, there is a provision that changes the terms of payment.

RUSSIAN FEDERATION

FEDERAL LAW
dated 12/30/08 N 307-FZ

ABOUT AUDITING ACTIVITIES

Article 1. Auditing activities

1. This Federal Law defines legal basis regulation of auditing activities in the Russian Federation.

2. Auditing activities (audit services) - activities related to conducting an audit and providing services related to the audit, carried out by audit organizations and individual auditors.

3. Audit - an independent verification of the accounting (financial) statements of the audited entity in order to express an opinion on the reliability of such statements. For the purposes of this Federal Law, the accounting (financial) statements of the audited entity mean the statements provided for by the Federal Law of November 21, 1996 N 129-FZ “On Accounting” or regulatory legal acts issued in accordance with it, as well as statements similar in composition, provided for by other federal laws or regulations issued in accordance with them.

4. The list of audit-related services is established by federal auditing standards.

5. Auditing activities do not replace control of the reliability of accounting (financial) statements, carried out in accordance with the legislation of the Russian Federation by authorized state bodies and local government bodies.

6. Auditing organizations, individual auditors (individual entrepreneurs carrying out auditing activities) do not have the right to engage in any other business activity other than conducting an audit and providing services provided for in this article.

7. Auditing organizations and individual auditors, along with audit services, can provide other services related to auditing activities, in particular:

1) staging, restoration and management accounting, preparation of accounting (financial) statements, accounting consulting;

2) tax consulting, staging, restoration and management tax accounting, preparation of tax calculations and declarations;

3) financial analysis economic activity organizations and individual entrepreneurs, economic and financial consulting;

4) management consulting, including those related to the reorganization of organizations or their privatization;

5) legal assistance in areas related to auditing activities, including consultations on legal issues, representation of the interests of the principal in civil and administrative proceedings, in tax and customs legal relations, in state authorities and local governments;

6) automation of accounting and implementation of information technologies;

7) assessment activities;

8) development and analysis of investment projects, drawing up business plans;

9) conducting research and experimental work in areas related to auditing activities and disseminating their results, including on paper and electronic media;

10) training in areas related to auditing activities.

8. An audit of the accounting (financial) statements of the audited entity, whose accounting and financial documentation contains information constituting a state secret, is carried out in accordance with the legislation of the Russian Federation.

Article 2. Legislation of the Russian Federation and other regulations legal acts that regulate audit activities

Audit activities are carried out in accordance with this Federal Law, Federal Law of December 1, 2007 N 315-FZ “On Self-Regulatory Organizations” (hereinafter referred to as the Federal Law “On Self-Regulatory Organizations”), other federal laws, as well as others adopted in accordance with them regulatory legal acts.

Article 3. Audit organization

1. Audit organization - commercial organization, which is a member of one of the self-regulatory organizations of auditors.

2. A commercial organization acquires the right to carry out auditing activities from the date of entering information about it into the register of auditors and audit organizations of a self-regulatory organization of auditors (hereinafter referred to as the register of auditors and audit organizations), of which such an organization is a member.

3. A commercial organization, information about which is not included in the register of auditors and audit organizations within three months from the date of making an entry about it in the Unified State Register of Legal Entities, does not have the right to use the word “audit” in its name, as well as derivative words from the word "audit".

Article 4. Auditor

1. Auditor - individual, received qualification certificate auditor and is a member of one of the self-regulatory organizations of auditors.

2. An individual is recognized as an auditor from the date of entering information about him into the register of auditors and audit organizations.

3. An auditor who is an employee of an audit organization on the basis employment contract between him and the audit organization, has the right to participate in the audit organization’s audit activities, as well as in the provision of other services provided for in Article 1 of this Federal Law.

4. An individual auditor has the right to carry out auditing activities, as well as provide other services in accordance with Article 1 of this Federal Law, unless otherwise provided by this Federal Law.

Article 5. Mandatory audit

1. Mandatory audit is carried out in cases where:

1) the organization has the organizational and legal form of an open joint-stock company;

2) the organization is a credit organization, a credit history bureau, an insurance organization, a mutual insurance company, a commodity or stock exchange, an investment fund, a state extra-budgetary fund, a fund whose source of funds is voluntary contributions from individuals and legal entities;

3) the volume of revenue from the sale of products (performance of work, provision of services) of the organization (with the exception of agricultural cooperatives and unions of these cooperatives) for the previous reporting year exceeds 50 million rubles or the amount of balance sheet assets as of the end of the year preceding the reporting year exceeds 20 million rubles For municipal unitary enterprises, by law of the constituent entity of the Russian Federation, financial indicators may be reduced;

4) in other cases established by federal laws.

2. Mandatory audit is carried out annually.

3. Mandatory audit of the accounting (financial) statements of organizations whose securities are admitted to trading stock exchanges and (or) other organizers of trading on the securities market, other credit and insurance organizations, non-state pension funds, organizations in the authorized (share) capitals of which the share of state ownership is at least 25 percent, state corporations, state companies, as well as consolidated statements carried out only by audit organizations.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

4. An agreement to conduct a mandatory audit of the accounting (financial) statements of an organization in the authorized (share) capital of which the share of state ownership is at least 25 percent, as well as to conduct an audit of the accounting (financial) statements of a state corporation, state company, state unitary enterprise or municipal unitary enterprise is concluded based on the results of placing an order through bidding in the form of an open competition in the manner prescribed by Federal Law of July 21, 2005 N 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.”
(Part 4 as amended by Federal Law dated July 1, 2010 N 136-FZ)

Article 6. Auditor's report

1. Audit report is an official document intended for users of the accounting (financial) statements of the audited entities, containing the opinion of the audit organization, individual auditor, expressed in the prescribed form, on the reliability of the accounting (financial) statements of the audited entity.

2. The audit report must contain:

1) name "Audit report";

2) indication of the addressee (shareholders of a joint-stock company, participants of a limited liability company, other persons);

3) information about the audited entity: name, state registration number, location;

4) information about the audit organization, individual auditor: name of the organization, surname, first name, patronymic of the individual auditor, state registration number, location, name of the self-regulatory organization of auditors, the members of which are the specified audit organization or individual auditor, number in the register of auditors and audit organizations ;

5) a list of accounting (financial) statements in respect of which the audit was conducted, indicating the period for which they were compiled, distribution of responsibility in relation to the specified accounting (financial) statements between the audited entity and the audit organization, individual auditor;

6) information about the work performed by the audit organization, individual auditor to express an opinion on the reliability of the accounting (financial) statements of the audited entity (scope of the audit);

7) the opinion of the audit organization, individual auditor on the reliability of the accounting (financial) statements of the audited entity, indicating the circumstances that have or may have a significant impact on the reliability of such statements;

8) indication of the date of conclusion.

3. Requirements for the form, content, procedure for signing and submitting the audit report are established by federal auditing standards.

4. The audit report is presented by an audit organization, an individual auditor only to the audited entity or to the entity that has entered into an agreement for the provision of audit services.

5. Knowingly false auditor's report- an audit report drawn up without an audit or drawn up based on the results of an audit, but clearly contradicting the content of the documents presented to the audit organization, individual auditor and considered during the audit. An auditor's report is recognized as knowingly false by a court decision.

Article 7. Auditing Standards and Code of Professional Ethics for Auditors

1. Federal auditing standards:

1) determine the requirements for the procedure for carrying out audit activities, and also regulate other issues provided for by this Federal Law;

2) are developed in accordance with international standards audit;

3) are mandatory for audit organizations, auditors, as well as self-regulatory organizations of auditors and their employees.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

2. Standards of auditing activities of a self-regulatory organization of auditors:
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

1) determine the requirements for audit procedures, additional to the requirements established by federal auditing standards, if this is due to the specifics of the audit or the specifics of the provision of audit-related services;

2) cannot contradict federal auditing standards;

3) should not create obstacles to the implementation of audit activities by audit organizations and individual auditors;

4) are mandatory for audit organizations, auditors who are members of the specified self-regulatory organization of auditors.

3. Code of Professional Ethics for Auditors - a set of rules of conduct that must be observed by audit organizations and auditors when carrying out audit activities.

4. Each self-regulatory organization of auditors adopts a code of professional ethics for auditors approved by the audit council. A self-regulatory organization of auditors has the right to include additional requirements in its adopted code of professional ethics for auditors.

Article 8. Independence of audit organizations, auditors

1. An audit cannot be carried out:

1) audit organizations, managers and others officials who are the founders (participants) of the audited entities, their officials, accountants and other persons responsible for organizing and maintaining accounting records and preparing accounting (financial) statements;

2) audit organizations whose managers and other officials are closely related (parents, spouses, brothers, sisters, children, as well as brothers, sisters, parents and children of spouses) with the founders (participants) of the audited entities, their officials, accountants and other persons responsible for organizing and maintaining accounting records and preparing accounting (financial) statements;

3) audit organizations in relation to audited entities that are their founders (participants), in relation to audited entities for which these audit organizations are founders (participants), in relation to subsidiaries, branches and representative offices of the specified audited entities, as well as in relation to organizations, having founders (participants) in common with this audit organization;

4) audit organizations, individual auditors, who, during the three years immediately preceding the audit, provided services for the restoration and maintenance of accounting, as well as for the preparation of accounting (financial) statements to individuals and legal entities, in relation to these persons;

5) auditors who are the founders (participants) of the audited entities, their managers, accountants and other persons responsible for organizing and maintaining accounting records and preparing accounting (financial) statements;

6) auditors who are closely related to the founders (participants) of the audited entities, their officials, accountants and other persons responsible for organizing and maintaining accounting records and drawing up accounting (financial) statements (parents, spouses, brothers, sisters, children, as well as brothers, sisters, parents and children of spouses);

7) audit organizations in relation to audited entities that are insurance organizations with which liability insurance agreements have been concluded for these audit organizations.
(Clause 7 introduced by Federal Law dated July 1, 2010 N 136-FZ)

2. The procedure for payment and the amount of monetary remuneration to audit organizations, individual auditors for conducting an audit (including mandatory) and providing related services are determined by contracts for the provision of audit services and cannot be made dependent on the fulfillment of any requirements of the audited entities for the content of conclusions that can be drawn as a result of the audit.

2.1. Each self-regulatory organization of auditors adopts rules for the independence of auditors and audit organizations approved by the audit council. A self-regulatory organization of auditors has the right to include additional requirements in the rules it adopts for the independence of auditors and audit organizations.
(Part 2.1 introduced by Federal Law dated 01.07.2010 N 136-FZ)

3. Auditing organizations and individual auditors do not have the right to carry out actions that entail a conflict of interest or create a threat of such a conflict. For the purposes of this Federal Law, a conflict of interest is understood as a situation in which the interest of an audit organization or an individual auditor may influence the opinion of such an audit organization or individual auditor about the reliability of the accounting (financial) statements of the audited entity. Cases where an audit organization or individual auditor has an interest that leads or may lead to a conflict of interest, as well as measures to prevent or resolve conflicts of interest are established by the code of professional ethics for auditors.

Article 9. Auditor confidentiality

1. Audit secrecy consists of any information and documents received and (or) compiled by the audit organization and its employees, as well as by the individual auditor and employees with whom they have concluded employment contracts, when providing services provided for by this Federal Law, with the exception of:

1) information disclosed by the person to whom the services provided for by this Federal Law were provided, or with his consent;

2) information about the conclusion of an agreement on conducting a mandatory audit with the audited entity;

3) information on the amount of payment for audit services.

2. The audit organization and its employees, the individual auditor and the employees with whom they have entered into employment contracts are required to maintain audit secrecy.

3. An audit organization or an individual auditor does not have the right to transfer information and documents constituting an audit secret to third parties or disclose this information and the contents of documents without prior written consent the person to whom the services provided for by this Federal Law were provided, except for the cases provided for by this Federal Law and other federal laws.

4. Transfer of information and documents constituting audit secrecy to third parties in cases and in the manner provided for by this Federal Law and other federal laws does not constitute a violation of audit secrecy.

5. The federal executive body performing the functions of developing public policy and legal regulation in the field of auditing activities (hereinafter referred to as the authorized federal body), the federal executive body exercising control and supervision functions in the financial and budgetary sphere (hereinafter referred to as the authorized federal body for control and supervision), and their employees, self-regulatory organizations of auditors, their members and employees, as well as other persons who have gained access to information and documents constituting an audit secret, in accordance with this Federal Law and other federal laws, are obliged to ensure (maintain) the confidentiality of such information and documents.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

6. In the event of disclosure of audit secrets by an audit organization, an individual auditor, an authorized federal body, an authorized federal body for control and supervision, a self-regulatory organization of auditors, as well as other persons who have received access to audit secrets on the basis of this Federal Law and other federal laws, the audit secret An organization, an individual auditor, as well as a person to whom the services provided for by this Federal Law were provided, have the right to demand from the guilty person compensation for losses caused in the manner established by the legislation of the Russian Federation.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

Article 10. Quality control of audit organizations and auditors

1. An audit organization and an individual auditor are required to establish and comply with rules internal control quality of work. The principles for implementing internal quality control of the work of audit organizations and individual auditors and the requirements for organizing this control are established by federal auditing standards.

2. The audit organization and auditor are obliged to:

1) undergo external quality control of work, including providing all documentation and information necessary for verification;

2) participate in the implementation by the self-regulatory organization of auditors, of which they are members, of external control of the quality of work of other members of this organization.

3. The subject of external quality control is the compliance by the audit organization, the auditor with the requirements of this Federal Law, auditing standards, rules of independence of auditors and audit organizations, and the code of professional ethics for auditors.

4. External quality control of the work of audit organizations and individual auditors is carried out by self-regulatory organizations of auditors in relation to their members.

5. External quality control of the work of audit organizations conducting mandatory audits of the accounting (financial) statements of organizations specified in Part 3 of Article 5 of this Federal Law is carried out by self-regulatory organizations of auditors in relation to their members, as well as by the authorized federal body for control and supervision.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

6. The principles of external control of the quality of work of audit organizations, individual auditors and the requirements for the organization of this control are established by federal auditing standards.

7. A self-regulatory organization of auditors, in accordance with the principles of external control of the quality of work and the requirements for its organization, establishes rules for the organization and implementation of external control of the quality of work of its members, defining, in particular, the forms of external control, the timing and frequency of inspections, including inspections, carried out by members of a self-regulatory organization of auditors in relation to other members of this organization. The procedure for appointing and carrying out an inspection of an audit organization by the authorized federal body for control and supervision, a list of typical questions for the program of the said inspection, as well as the procedure for recording its results are established by the authorized federal body.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

8. A planned external audit of the quality of work of an audit organization, an individual auditor, with the exception of audit organizations conducting mandatory audits of the accounting (financial) statements of organizations specified in Part 3 of Article 5 of this Federal Law, is carried out at least once every five years, but not more often once a year.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

9. Scheduled external audits of the quality of work of each audit organization conducting a mandatory audit of the accounting (financial) statements of organizations specified in Part 3 of Article 5 of this Federal Law are carried out:
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

1) a self-regulatory organization of auditors, of which such an audit organization is a member, at least once every three years, but not more than once a year, starting from the calendar year following the year of entering information about the audit organization into the register of auditors and audit organizations;

2) by the authorized federal body for control and supervision no more than once every two years, starting from the calendar year following the year of entering information about the audit organization into the register of auditors and audit organizations.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

10. The basis for carrying out an unscheduled external audit of the quality of work of an audit organization, an individual auditor may be a complaint filed with a self-regulatory organization of auditors or an authorized federal body for control and supervision about the actions (inaction) of an audit organization, an individual auditor that violate the requirements of this Federal Law, audit standards activities, rules for the independence of auditors and audit organizations, as well as the code of professional ethics for auditors. Other grounds for carrying out an unscheduled external audit of the quality of work of an audit organization or an individual auditor are established by the legislation of the Russian Federation and the self-regulatory organization of auditors.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

11. The authorized federal body for control and supervision is obliged to inform the self-regulatory organization of auditors, of which the audited audit organization is a member, about the results of the audit and the decision made in relation to the specified audit organization.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

Article 11. Auditor qualification certificate

1. An auditor qualification certificate is issued provided that the person applying for it (hereinafter referred to as the applicant):

1) passed the qualification exam;

2) by the day of announcement of the results of the qualifying exam, has at least three years of work experience related to auditing activities or maintaining accounting records and preparing accounting (financial) statements. At least two of the last three years of the specified work experience must be spent working in an audit organization.

2. Verification of the applicant’s qualifications is carried out in the form of a qualification exam. The procedure for conducting a qualification exam, including the procedure for the applicant’s participation in the qualification exam, the range of questions offered to the applicant, as well as the procedure for determining the results of the qualification exam, is established by the authorized federal body.

3. An applicant who has received higher education in a state accredited educational institution higher professional education.

4. The qualification exam is conducted by a single certification commission, which is created jointly by all self-regulatory organizations of auditors in the manner established by the authorized federal body. The constituent documents of the unified certification commission, as well as changes made to them, are agreed upon with the authorized federal body before their approval. The activities of the unified certification commission are based on the principles of independence, objectivity, openness and transparency, and self-financing.

5. For taking the qualifying exam, the applicant is charged a fee, the amount and procedure for collecting which is established by the unified certification commission.

6. The decision to refuse to issue an auditor’s qualification certificate is made if:

1) the applicant does not meet the requirements of part 1 of this article;

2) after passing the qualification exam, it is discovered that the applicant does not comply with the requirement of part 3 of this article.

7. An auditor’s qualification certificate is issued without limiting its validity period. The procedure for issuing an auditor's qualification certificate and its form are approved by the authorized federal body.

8. The decision to refuse to issue an auditor qualification certificate may be challenged in court.

9. The auditor is obliged, during each calendar year, starting from the year following the year of receiving the auditor’s qualification certificate, to undergo training in advanced training programs approved by the self-regulatory organization of auditors, of which he is a member. The minimum duration of such training is established by the self-regulatory organization of auditors for its members and cannot be less than 120 hours for three consecutive calendar years, but not less than 20 hours in each year.

Article 12. Grounds and procedure for revocation of an auditor’s qualification certificate

1. An auditor’s qualification certificate shall be revoked in the following cases:

1) obtaining an auditor’s qualification certificate using forged documents or obtaining an auditor’s qualification certificate by a person who does not meet the requirements for the applicant established by Article 11 of this Federal Law;

2) the entry into force of a court verdict providing for punishment in the form of deprivation of the right to engage in auditing activities for a certain period;

3) failure by the auditor to comply with the requirements of Articles 8 and 9 of this Federal Law;

4) systematic violation by the auditor during the audit of the requirements of this Federal Law or federal auditing standards;

5) signing by the auditor of an audit report recognized in the prescribed manner as knowingly false;

6) non-participation of the auditor in the implementation of audit activities (failure of an individual auditor to carry out audit activities) for two consecutive calendar years, with the exception of:

a) persons who are members of permanent collegial management bodies and members of collegial executive bodies of self-regulatory organizations of auditors, persons performing the functions of sole executive bodies of self-regulatory organizations of auditors, as well as persons performing in self-regulatory organizations of auditors the functions of members and employees of a specialized body for external quality control audit organizations, auditors;

b) employees of internal control departments of organizations who are responsible for conducting audits of the accounting (financial) statements of these organizations;

c) persons acting as the sole executive body or who are members of the collegial executive body of audit organizations;

d) other persons provided for by other federal laws;

7) failure by the auditor to comply with the requirement to undergo training under advanced training programs established by Article 11 of this Federal Law, except for the case when the self-regulatory organization of auditors, with the approval of the audit council, recognizes a valid reason for non-compliance with this requirement (for example, serious illness);

8) the auditor’s evasion from undergoing external quality control of work.

2. The decision to cancel an auditor’s qualification certificate is made by a self-regulatory organization of auditors, of which the auditor is a member, and in relation to the auditor’s qualification certificate of a person who is not a member of any self-regulatory organization of auditors, by the self-regulatory organization of auditors that issued this auditor’s qualification certificate.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

3. The decision of a self-regulatory organization of auditors to cancel an auditor’s qualification certificate may be challenged in judicial procedure within three months from the date of receipt of the said decision.

4. A person whose auditor’s qualification certificate has been canceled on the grounds provided for in paragraphs 1 (in terms of obtaining an auditor’s qualification certificate using forged documents), 3 - 5 of part 1 of this article, does not have the right to re-apply for admission to the qualification exam within three years from the date of the decision to cancel the auditor’s qualification certificate.

5. A person whose qualification certificate of an auditor has been canceled on the grounds provided for in paragraph 2 of part 1 of this article does not have the right to re-apply for admission to the qualification exam within the period provided for by a court verdict that has entered into legal force.

Article 13. Rights and obligations of an audit organization, an individual auditor

1. When conducting an audit, an audit organization or an individual auditor has the right to:

1) independently determine the forms and methods of conducting an audit on the basis of federal auditing standards, as well as the quantitative and personal composition of the audit team conducting the audit;

2) examine in full the documentation related to the financial and economic activities of the audited entity, as well as check the actual availability of any property reflected in this documentation;

3) obtain from officials of the audited entity explanations and confirmations, orally and in writing, on issues that arose during the audit;

4) refuse to conduct an audit or express one’s opinion on the reliability of the accounting (financial) statements in the auditor’s report in the following cases:

a) failure by the audited entity to provide all necessary documentation;

b) identification during the audit of circumstances that have or are capable of significantly influencing the opinion of the audit organization or individual auditor on the reliability of the accounting (financial) statements of the audited entity;

4.1) insure liability for violation of the contract for the provision of audit services and (or) liability for causing damage to the property of other persons as a result of audit activities;

5) exercise other rights arising from the contract for the provision of audit services.

2. When conducting an audit, the audit organization and individual auditor are obliged to:

1) provide, at the request of the audited entity, justifications for the comments and conclusions of the audit organization, individual auditor, as well as information about its membership in a self-regulatory organization of auditors;

2) transfer, within the period established by the contract for the provision of audit services, the audit report to the audited entity, the person who entered into the contract for the provision of audit services;

3) ensure the storage of documents (copies of documents) received and compiled during the audit for at least five years after the year in which they were received and (or) compiled;

4) fulfill other obligations arising from the contract for the provision of audit services.

Article 14. Rights and obligations of the audited entity, the entity that has entered into an agreement for the provision of audit services

1. When conducting an audit, the audited entity, the entity that has entered into an agreement for the provision of audit services, has the right to:

1) demand and receive from the audit organization, individual auditor justification for the comments and conclusions of the audit organization, individual auditor, as well as information about the membership of the audit organization, individual auditor in a self-regulatory organization of auditors;

2) receive an audit report from an audit organization or an individual auditor within the period established by the contract for the provision of audit services;

3) exercise other rights arising from the contract for the provision of audit services.

2. When conducting an audit, the audited entity, the entity that has entered into an agreement for the provision of audit services, is obliged to:

1) assist the audit organization, individual auditor in the timely and complete conduct of the audit, create appropriate conditions for this, provide necessary information and documentation, provide, upon oral or written request, to the audit organization, individual auditor, comprehensive explanations and confirmations orally and in writing, as well as request information necessary for the audit from third parties;

2) not to take any actions aimed at narrowing the range of issues to be clarified during the audit, as well as concealing (restricting access) information and documentation requested by the audit organization or individual auditor. The presence of information and documentation requested by an audit organization or an individual auditor for an audit that contains a trade secret cannot be a basis for refusing to provide it;

3) timely pay for the services of an audit organization or an individual auditor in accordance with the contract for the provision of audit services, including in the case when the audit report does not agree with the position of the audited entity, the person who entered into the contract for the provision of audit services;

4) fulfill the requirements of federal auditing standards and other obligations arising from the contract for the provision of audit services.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

Article 15. State regulation of auditing activities

1. The functions of state regulation of auditing activities are carried out by an authorized federal body.

2. The functions of state regulation of auditing activities are:

1) development of state policy in the field of auditing;

2) legal regulation in the field of auditing activities, including the approval of federal auditing standards, as well as the adoption, within its competence, of other regulatory legal acts regulating auditing activities and (or) provided for by this Federal Law;
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

3) maintaining the state register of self-regulatory organizations of auditors, as well as a control copy of the register of auditors and audit organizations;

4) analysis of the state of the audit services market in the Russian Federation;

5) other functions provided for by this Federal Law.

3. To carry out the functions provided for by this Federal Law, the authorized federal body, the authorized federal body for control and supervision has the right to request from self-regulatory organizations of auditors copies of decisions of the management bodies and specialized bodies of the self-regulatory organization of auditors and other necessary information and documentation.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

Article 16. Audit Council

1. In order to ensure public interests in the course of auditing activities, an auditing council is created under the authorized federal body.

2. The Audit Council performs the following functions:

1) considers issues of public policy in the field of auditing;

2) reviews draft federal auditing standards and other regulatory legal acts regulating auditing activities and recommends them for approval by the authorized federal body;

3) approves the procedure for developing draft federal auditing standards, the rules of independence of auditors and audit organizations and the code of professional ethics for auditors, determines the areas of knowledge from which the list of questions offered to the applicant at the qualification exam is established;
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

4) evaluates the activities of self-regulatory organizations of auditors in implementing external quality control of the work of audit organizations and auditors and, if necessary, makes recommendations for improving these activities;

5) submits for consideration of the authorized federal body proposals on the procedure for the authorized federal body for control and supervision of external control of the quality of work of audit organizations;
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

6) considers appeals and petitions from self-regulatory organizations of auditors in the field of auditing activities and makes appropriate proposals for consideration by the authorized federal body;

7) performs, in accordance with this Federal Law and the regulations on the audit council, other functions necessary to maintain a high professional level of audit activity in the public interest.

3. To carry out the functions provided for in Part 2 of this article, the audit council has the right to request from self-regulatory organizations of auditors copies of decisions of management bodies and specialized bodies of the self-regulatory organization of auditors and other necessary information and documentation.

4. The composition of the audit council is approved by the head of the authorized federal body.

5. The composition of the audit council includes:

1) 10 representatives of users of accounting (financial) statements. Representatives of users of accounting (financial) statements are subject to rotation once every three years by at least 25 percent of their total number;

2) two representatives of the authorized federal body;

3) one representative each from the federal executive body exercising the functions of developing state policy and legal regulation in the field of development entrepreneurial activity, from the federal executive body exercising the functions of adopting regulatory legal acts, control and supervision in the field of financial markets, and from the Central Bank of the Russian Federation;

4) two representatives from self-regulatory organizations of auditors, whose candidacies are nominated jointly by all self-regulatory organizations of auditors. Representatives of self-regulatory organizations of auditors are subject to rotation once a year.

6. Members of the council’s working body cannot be members of the audit council, with the exception of representatives of the authorized federal body.

7. The chairman of the audit council is elected at the first meeting of the council from representatives of users of accounting (financial) statements who are members of the council.

8. The secretary of the audit council is a representative of the authorized federal body from among the council members.

9. Meetings of the audit council are convened by the chairman of the council as necessary, but at least once every three months. A meeting of the audit council is considered valid if at least two thirds of the council members are present.

10. Decisions of the council on audit activities are made by a simple majority of votes of the council members participating in its meeting.

11. In order to prepare decisions of the audit council, its working body is created.

12. The composition of the working body of the audit council and its number are approved by the authorized federal body.

13. The working body of the audit council includes heads of permanent collegial management bodies and other representatives of all self-regulatory organizations of auditors, the head of the unified certification commission created in accordance with this Federal Law, representatives of the authorized federal body, as well as representatives of the scientific and pedagogical community .

14. The number of representatives of self-regulatory organizations of auditors in the working body of the audit council must be at least 70 percent of the total number of members of the working body of the council.

15. The composition of the working body of the audit council (with the exception of the heads of permanent collegial management bodies of self-regulatory organizations of auditors, representatives of the authorized federal body, the head of the unified certification commission created in accordance with this Federal Law) is subject to rotation once every three years at least by 30 percent of the total number of members of the working body of the council, with the exception of the heads of permanent collegial management bodies of self-regulatory organizations of auditors, representatives of the authorized federal body, the head of the unified certification commission created in accordance with this Federal Law.

16. Information about the activities of the audit council and its working body must be open and publicly available.

17. The regulations on the audit council and the regulations on the working body of the audit council are approved by the authorized federal body. The regulations of the audit council and the regulations of the working body of the audit council are approved by the audit council.

Article 17. Self-regulatory organization of auditors

1. A self-regulatory organization of auditors is a non-profit organization created on the basis of membership in order to ensure conditions for carrying out audit activities.

2. A non-profit organization acquires the status of a self-regulatory organization of auditors from the date of its inclusion in the state register of self-regulatory organizations of auditors.

3. A non-profit organization is included in the state register of self-regulatory organizations of auditors provided that it meets the following requirements:

1) association within a self-regulatory organization as its members of at least 700 individuals or at least 500 commercial organizations that meet the requirements for membership in such an organization established by this Federal Law;

2) the presence of approved rules for the implementation of external quality control of the work of members of a self-regulatory organization of auditors, adopted rules for the independence of auditors and audit organizations and an adopted code of professional ethics for auditors;
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

3) provision by the self-regulatory organization of auditors of additional property liability of each of its members to consumers of audit services and other persons through the formation of a compensation fund (compensation funds) of the self-regulatory organization of auditors.

4. To carry out activities as a self-regulatory organization of auditors, a non-profit organization must create specialized bodies that monitor compliance by members of the self-regulatory organization of auditors with the requirements of this Federal Law, auditing standards, rules of independence of auditors and audit organizations, the code of professional ethics of auditors and consideration of cases of application of disciplinary measures against members of a self-regulatory organization of auditors.

5. The self-regulatory organization of auditors, along with the functions established by the Federal Law "On Self-Regulatory Organizations", develops and approves standards for auditing activities of a self-regulatory organization of auditors, adopts rules for the independence of auditors and audit organizations, a code of professional ethics for auditors, develops draft federal auditing standards, and participates in development of draft standards in the field of accounting and accounting (financial) reporting, organizes training for auditors in advanced training programs.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

6. A self-regulatory organization of auditors, along with the rights established by the Federal Law "On Self-Regulatory Organizations", has the right to establish in relation to audit organizations and individual auditors who are its members, additional requirements to the requirements provided for by this Federal Law, requirements ensuring their responsibility in carrying out audit activity, develop and establish additional disciplinary measures to the measures provided for by this Federal Law on its members for violating the requirements of this Federal Law, auditing standards, rules of independence of auditors and audit organizations, code of professional ethics for auditors, organize professional training of persons, those wishing to engage in auditing activities.

7. A self-regulatory organization of auditors, along with fulfilling the duties established by the Federal Law “On Self-Regulatory Organizations”:

1) participates in the prescribed manner in the creation, including financing, and activities of the unified certification commission provided for by this Federal Law;

2) informs the authorized federal body about changes in information about the self-regulatory organization of auditors for inclusion in the state register of self-regulatory organizations of auditors, as well as about any non-compliance of the self-regulatory organization of auditors with the requirements established by part 3 of this article, no later than seven working days from the day following the day of occurrence of the corresponding changes in information or discrepancies;

3) informs the authorized federal body about additional requirements to the requirements established by federal auditing standards, requirements provided for by the self-regulatory organization of auditors in its auditing standards, as well as additional requirements included in the rules for the independence of auditors and audit organizations adopted by it, and additional standards professional ethics included in the code of professional ethics of auditors adopted by it, in the manner, terms and form that are determined by the authorized federal body;
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

4) submits to the authorized federal body a report on the fulfillment by the self-regulatory organization of auditors, its member or members of the requirements of the legislation of the Russian Federation and other regulatory legal acts governing audit activities, in the manner, terms and form that are determined by the authorized federal body;

5) confirms compliance by auditors who are members of this self-regulatory organization of auditors with training requirements for advanced training programs;

6) no later than 10 working days from the day following the day of receipt of the written request, submit to the authorized federal body, the authorized federal body for control and supervision and the audit council, upon their requests, copies of decisions of the management bodies and specialized bodies of the self-regulatory organization of auditors;
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

7) assists representatives of the audit council in familiarizing themselves with the activities of the self-regulatory organization of auditors.

8. Representatives of the authorized federal body and the audit council have the right to attend meetings (sessions) of management bodies and specialized bodies of the self-regulatory organization of auditors, as well as at other events held by it.

9. A self-regulatory organization of auditors cannot be a member of another self-regulatory organization of auditors.

10. If members of a self-regulatory organization of auditors are individuals and (or) organizations that are not auditors and audit organizations, respectively, the activities of the management bodies of such an organization must ensure the independence of auditors and audit organizations when they perform functions directly related to the audit activities.

11. Members of a permanent collegial management body and specialized bodies of a self-regulatory organization of auditors may combine the performance of these functions with audit activities (with participation in audit activities).

12. Independent members of a permanent collegial governing body of a self-regulatory organization of auditors must constitute at least one fifth of the number of members of this body.

13. A mandatory audit of the annual accounting (financial) statements of a self-regulatory organization of auditors must be carried out by an audit organization that is a member of another self-regulatory organization of auditors.

14. The formation of a compensation fund (compensation funds) of a self-regulatory organization of auditors and the allocation of funds from such a fund (such funds) are carried out in the manner established by the Federal Law “On Self-Regulatory Organizations”.

Article 18. Requirements for membership in a self-regulatory organization of auditors

1. A self-regulatory organization of auditors establishes requirements for membership in it of audit organizations and auditors, which must be uniform, respectively, for all audit organizations - members of the self-regulatory organization of auditors and auditors - members of the self-regulatory organization of auditors and must not contradict the requirements provided for in parts 2 and 3 of this article .

2. The requirements for membership of audit organizations in a self-regulatory organization of auditors are the following:

1) a commercial organization can be created in any organizational and legal form, with the exception of an open joint-stock company, state or municipal unitary enterprise;

2) the number of auditors who are employees of a commercial organization on the basis of employment contracts must be at least three;

3) the share of the authorized (share) capital of a commercial organization owned by auditors and (or) audit organizations must be at least 51 percent;

4) the number of auditors in the collegial executive body of a commercial organization must be at least 50 percent of the composition of such executive body. A person who is the sole executive body of a commercial organization, as well as an individual entrepreneur (manager), to whom the powers of the executive body of a commercial organization are transferred under an agreement, must be auditors. If the powers of the executive body of a commercial organization are transferred under an agreement to another commercial organization, the latter must be an audit organization;

5) impeccable business reputation;

6) availability and compliance with the rules for implementing internal quality control;

7) payment of contributions to the self-regulatory organization of auditors in the amounts and manner established by it;

8) payment of contributions to the compensation fund (compensation funds) of the self-regulatory organization of auditors.

3. The requirements for membership of auditors in a self-regulatory organization of auditors are the following:

1) availability of an auditor’s qualification certificate;

2) impeccable business (professional) reputation;

3) payment of contributions to the self-regulatory organization of auditors in the amounts and manner established by it;

4) payment of contributions to the compensation fund (compensation funds) of the self-regulatory organization of auditors;

5) availability and compliance with the rules for implementing internal quality control - for an individual auditor.
(Clause 5 introduced by Federal Law dated 01.07.2010 N 136-FZ)

4. An audit organization and an auditor may be members of only one self-regulatory organization of auditors.

5. To become a member of a self-regulatory organization of auditors as an audit organization, a commercial organization submits an application for membership to the self-regulatory organization of auditors, and also submits the following documents:

1) constituent documents;

2) a document confirming the entry of a legal entity into the Unified State Register of Legal Entities;

3) a list of auditors who are employees of a commercial organization on the basis of employment contracts, with attached extracts from the register of auditors and audit organizations confirming that the persons included in the list are auditors;

4) a list of members of the collegial executive body of a commercial organization, indicating those of them who are auditors, or an extract from the register of auditors and audit organizations confirming that the individual entrepreneur (manager), to whom the powers of the executive body of a commercial organization have been transferred under the agreement, is an auditor, or an extract from the register of auditors and audit organizations confirming that another commercial organization to which the powers of the executive body of a commercial organization were transferred under the agreement is an audit organization;

5) a list of founders (participants) of a commercial organization who are auditors and audit organizations, with attached extracts from the register of auditors and audit organizations confirming that the persons included in the list are auditors and audit organizations, as well as documents confirming the size of the shares of these persons in the authorized (share) capital of a commercial organization;

6) written recommendations confirming impeccable business reputation commercial organization, at least three auditors, information about which is included in the register of auditors and audit organizations at least three years before the date of giving recommendations and who are not founders (participants) of this commercial organization, are not included in its management bodies and are not members V labor relations with her;

7) one copy of the approved rules for implementing internal quality control;

8) other documents provided for by the rules for admitting commercial organizations to membership in the self-regulatory organization of auditors.

6. To become a member of a self-regulatory organization of auditors as an auditor, an individual submits an application to the self-regulatory organization of auditors indicating the surname, name, patronymic, details of an identity document, address of residence (registration), and also submits the following documents:

1) auditor’s qualification certificate;

2) written recommendations confirming the impeccable business (professional) reputation of an individual, at least three auditors, information about which is included in the register of auditors and audit organizations at least three years before the date of giving recommendations;

3) a certificate of absence of unexpunged or outstanding convictions for crimes in the economic sphere, as well as for crimes of average gravity, serious and especially serious crimes;

4) a document confirming the entry of an individual entrepreneur into the Unified State Register of Individual Entrepreneurs - for an individual who is an individual entrepreneur;

4.1) one copy of the approved rules for implementing internal quality control - for an individual who is an individual entrepreneur;
(Clause 4.1 introduced by Federal Law dated 01.07.2010 N 136-FZ)

5) other documents provided for by the rules for admitting individuals as members of the self-regulatory organization of auditors.

7. Original documents or their duly certified copies are submitted to the self-regulatory organization of auditors. The originals of constituent documents, auditor qualification certificates, documents confirming the entry of entries about a legal entity into the Unified State Register of Legal Entities and about an individual entrepreneur into the Unified State Register of Individual Entrepreneurs are accepted by the self-regulatory organization of auditors for review and returned to the person who represented them. In this case, the self-regulatory organization of auditors stores copies of documents certified by an authorized person of this self-regulatory organization of auditors. The rules for admission to membership of a self-regulatory organization of auditors may establish a requirement to submit duly certified translations into Russian of documents executed in whole or in any part in a foreign language.

8. The self-regulatory organization of auditors, within 30 working days from the day following the day of submission of the documents specified in this article, makes a decision on admission or refusal to admit auditors to membership in this self-regulatory organization.

9. The decision of a self-regulatory organization of auditors on admission to membership of a self-regulatory organization of auditors comes into force on the date of payment of the contribution (contributions) to the compensation fund (compensation funds) of the self-regulatory organization of auditors, as well as the contributions established by the self-regulatory organization of auditors upon admission to its membership.

10. In case of failure to pay the fees specified in part 9 of this article within 180 calendar days from the day following the day of the decision on admission to membership of the self-regulatory organization of auditors, such a decision is recognized as invalid by the self-regulatory organization of auditors.

11. An individual in respect of whom the decision to admit membership in a self-regulatory organization of auditors has been declared invalid has the right to again submit documents in accordance with the procedure established by this article for admission to membership in a self-regulatory organization of auditors, provided that from the date of issuance of the auditor’s qualification certificate to him or from the date of completion his completion of training in advanced training programs established by Article 11 of this Federal Law has not passed one year.

12. The basis for a self-regulatory organization of auditors to make a decision to refuse admission to membership of a self-regulatory organization of auditors is:

1) the person’s failure to comply with the requirements of this article and the membership requirements approved by the self-regulatory organization of auditors;

2) submission of documents that do not meet the requirements established by this article;

3) establishing the unreliability of information contained in documents submitted to the self-regulatory organization of auditors;

4) discovery, after the issuance of an auditor’s qualification certificate to an individual, of circumstances that prevented such issuance;

5) termination of membership of an audit organization, auditor in this or another self-regulatory organization of auditors (except for termination of membership on the grounds provided for in paragraphs 1, 4, 8 of part 15 of this article), if less than three years have passed from the date of the decision to terminate membership.

13. The decision of a self-regulatory organization of auditors to refuse admission to its membership must be communicated in writing no later than seven working days from the day following the day this decision was made.

14. A decision to refuse admission to membership in a self-regulatory organization of auditors may be challenged in court.

15. The grounds for termination of membership in a self-regulatory organization of auditors are:

1) a written statement from an audit organization or auditor regarding withdrawal from membership of a self-regulatory organization of auditors;

2) a decision of a self-regulatory organization of auditors to exclude an audit organization or an auditor from its membership as a disciplinary measure;

3) identification of false information in documents submitted for admission to membership in the self-regulatory organization of auditors;

4) reorganization of the audit organization, with the exception of the case of reorganization in the form of merger;

5) liquidation of the audit organization;

6) cancellation of the auditor’s qualification certificate;

7) recognition of the auditor's report as knowingly false;

8) exclusion of information about a self-regulatory organization of auditors from the state register of self-regulatory organizations of auditors;

9) other grounds provided for by federal laws.

16. An auditor’s membership in a self-regulatory organization of auditors is considered terminated from the date the self-regulatory organization of auditors makes a decision to terminate such membership.

17. The membership of an audit organization in a self-regulatory organization of auditors is considered terminated from the date of liquidation or reorganization of the audit organization or from the date the self-regulatory organization of auditors makes a decision to terminate such membership.

18. If information about a self-regulatory organization of auditors is excluded from the state register of self-regulatory organizations of auditors, the membership of an audit organization, an auditor in such a self-regulatory organization of auditors is considered terminated from the date of exclusion of these audit organizations, the auditor by the authorized federal body from the control copy of the register of auditors and audit organizations .

19. A self-regulatory organization of auditors, no later than seven working days from the day following the day of termination of membership of an audit organization, an auditor in this self-regulatory organization of auditors, notifies in writing:

1) a person whose membership in a self-regulatory organization of auditors has been terminated;

2) an audit organization whose employee, on the basis of an employment contract, is an auditor whose membership in the self-regulatory organization of auditors has been terminated;

3) other self-regulatory organizations of auditors, except for the case of termination of membership at the request of the audit organization or auditor.

Article 19. Maintaining a register of auditors and audit organizations

1. Register of auditors and audit organizations - a systematic list of auditors and audit organizations. Control copy of the register of auditors and audit organizations - a set of registers of auditors and audit organizations.

2. Maintenance of the register of auditors and audit organizations is carried out by self-regulatory organizations of auditors in relation to their members. Maintaining a control copy of the register of auditors and audit organizations is carried out by the authorized federal body.

3. The procedure for maintaining the register of auditors and audit organizations and the control copy of the register of auditors and audit organizations, as well as the list of information included in them, are established by the authorized federal body.

4. The register of auditors and audit organizations and a control copy of the register of auditors and audit organizations are maintained on paper and electronic media. If there is a discrepancy between records on paper and electronic media, records on paper take precedence.

5. Information contained in the register of auditors and audit organizations is open and publicly available. The specified information is provided by the self-regulatory organization of auditors upon written request interested person no later than 10 working days from the day following the day of receipt of the written request.

6. Information about a member of a self-regulatory organization of auditors must be entered by the self-regulatory organization of auditors into the register of auditors and audit organizations no later than seven working days from the day following the day the decision on admission to membership of the self-regulatory organization of auditors comes into force.

7. A self-regulatory organization of auditors does not have the right to:

1) put forward any requirements or conditions when entering into the register of auditors and audit organizations information about a person whose decision to admit him as a member of this self-regulatory organization of auditors has entered into force;

2) charge a fee for entering information into the register of auditors and audit organizations.

8. An audit organization or auditor is required to notify in writing the self-regulatory organization of auditors, of which they are members, of all changes in the information contained in the register of auditors and audit organizations within 10 working days from the day following the day such changes occur.

9. Information on termination of membership of an audit organization or an auditor in a self-regulatory organization of auditors must be entered into the register of auditors and audit organizations no later than seven working days from the day following the day of termination of membership.

10. The self-regulatory organization of auditors is obliged, within seven working days from the day following the day of entering information about the audit organization, auditor into the register of auditors and audit organizations, as well as from the day following the day of making changes to the information contained in the register of auditors and audit organizations about the audit organization, the auditor, transfer the relevant information to the authorized federal body for inclusion in the control copy of the register of auditors and audit organizations, as well as disclose such information.

11. The authorized federal body, within five working days from the day following the day of receipt of the information specified in Part 10 of this article, enters the relevant information or changes to the information in the control copy of the register of auditors and audit organizations.

12. A self-regulatory organization of auditors maintains a register of auditors and audit organizations in relation to its members that meet the requirements of Articles 3 and 4 of this Federal Law, starting from the day information about it is entered into the state register of self-regulatory organizations of auditors in the manner established by this article.

Article 20. Disciplinary measures against audit organizations and auditors

1. In relation to a member of a self-regulatory organization of auditors who has violated the requirements of this Federal Law, auditing standards, rules of independence of auditors and audit organizations, the code of professional ethics for auditors, the self-regulatory organization of auditors may apply the following disciplinary measures:

1) issue an order obliging a member of a self-regulatory organization of auditors to eliminate violations identified as a result of an external audit of the quality of his work and establishing a deadline for eliminating such violations;

2) issue a written warning to a member of a self-regulatory organization of auditors about the inadmissibility of violating the requirements of this Federal Law, auditing standards, rules of independence of auditors and audit organizations, and the code of professional ethics for auditors;

3) impose a fine on a member of a self-regulatory organization of auditors;

4) make a decision to suspend the membership of an audit organization, an auditor in a self-regulatory organization of auditors for a period until they eliminate the identified violations, but not more than 180 calendar days from the day following the day the decision to suspend membership was made;

5) make a decision on the exclusion of the audit organization, auditor from the members of the self-regulatory organization of auditors;

6) apply other measures established by the internal documents of the self-regulatory organization of auditors.

2. Disciplinary measures are applied by a self-regulatory organization of auditors in the manner established by the Federal Law “On Self-Regulatory Organizations”.

3. An auditor in respect of whom a decision has been made to suspend his membership in a self-regulatory organization of auditors, during the entire period of validity of such a decision, does not have the right to:

1) participate in audit activities;

3) participate in the work of elected and specialized bodies of a self-regulatory organization of auditors.

4. An audit organization, an individual auditor, in respect of whom a decision has been made to suspend their membership in a self-regulatory organization of auditors, during the entire period of validity of such a decision does not have the right to:

1) enter into contracts for the provision of audit services;

2) make changes to contracts for the provision of audit services concluded before the self-regulatory organization of auditors makes the said decision, entailing an increase in the obligations of the audit organization or individual auditor.

5. No less than seven working days before the expiration of the period for which the membership of an audit organization, auditor in a self-regulatory organization of auditors is suspended, the self-regulatory organization of auditors makes a decision on restoring the membership of the audit organization, auditor in the self-regulatory organization of auditors or on their expulsion from members of the self-regulatory organization auditors.

6. In relation to an audit organization that has violated the requirements of this Federal Law, federal auditing standards, rules of independence of auditors and audit organizations, the code of professional ethics for auditors, the authorized federal body for control and supervision may apply the following disciplinary measures:
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

1) issue an order obliging the audit organization to eliminate violations identified as a result of an external audit of the quality of its work and establishing a deadline for eliminating such violations;

2) issue a warning in writing about the inadmissibility of violating the requirements of this Federal Law, federal auditing standards, rules of independence of auditors and audit organizations, and the code of professional ethics for auditors;

3) send to the self-regulatory organization of auditors, of which the audit organization is a member, a binding order to suspend the audit organization’s membership in the self-regulatory organization of auditors;

4) send to the self-regulatory organization of auditors, of which the audit organization is a member, a binding order to exclude the audit organization from the self-regulatory organization of auditors.

7. The self-regulatory organization of auditors, within three working days from the day following the day of execution of the order provided for in paragraphs 3 and 4 of part 6 of this article, is obliged to inform the authorized federal body for control and supervision in writing about the execution of this order.
(Part 7 introduced by Federal Law dated July 1, 2010 N 136-FZ)

Article 21. Maintaining the state register of self-regulatory organizations of auditors

1. Maintenance of the state register of self-regulatory organizations of auditors is carried out by the authorized federal body in the manner established by it.
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

2. To enter information about non-profit organization, meeting the requirements established by Article 17 of this Federal Law, the non-profit organization submits an application to the authorized federal body to the state register of self-regulatory organizations of auditors, and also submits the following documents:

1) a copy of the certificate of state registration of a non-profit organization;

2) a copy of the charter of the non-profit organization;

3) a list of members of a non-profit organization - individuals who meet the requirements for membership in a self-regulatory organization of auditors;

4) a list of members of a non-profit organization - commercial organizations that meet the requirements for membership in a self-regulatory organization of auditors;

5) copies of documents confirming state registration its members - legal entities;

6) a copy of the approved rules for the implementation of external quality control of the work of members of the self-regulatory organization of auditors;

7) a copy of the decision (decisions) of a non-profit organization on the approval of auditing standards of a self-regulatory organization of auditors and copies of such standards (if available);
(as amended by Federal Law dated July 1, 2010 N 136-FZ)

8) a copy of the decision of a non-profit organization to adopt a code of professional ethics for auditors approved by the audit council and a copy of such a code;

9) copies of documents confirming the creation by a non-profit organization of specialized bodies provided for by the Federal Law “On Self-Regulatory Organizations”, copies of regulations on such bodies and copies of documents on the composition of the persons participating in their work;

10) copies of documents certified by a non-profit organization confirming the existence of a compensation fund (compensation funds), the creation of which (which) is provided for by this Federal Law;

11) a copy of the decision of a non-profit organization to adopt the rules for the independence of auditors and audit organizations approved by the audit council and a copy of these rules.
(Clause 11 introduced by Federal Law dated 01.07.2010 N 136-FZ)

3. The authorized federal body, within 40 working days from the day following the day of receipt of the documents specified in Part 2 of this article, reviews and verifies information about the non-profit organization. No later than five working days after the end of consideration and verification of the documents specified in Part 2 of this article, the authorized federal body enters information about the non-profit organization into the state register of self-regulatory organizations of auditors or makes a decision to refuse to enter information about the non-profit organization into the state register of self-regulatory organizations auditors.

4. The basis for making a decision to refuse to enter information about a non-profit organization into the state register of self-regulatory organizations of auditors is:

1) failure of a non-profit organization to comply with the requirements provided for by this Federal Law;

2) submission by a non-profit organization of documents that do not comply with the requirements established by this Federal Law;

3) failure to submit the documents provided for in Part 2 of this article;

4) submission by a non-profit organization of documents containing false information;

5) exclusion from the state register of self-regulatory organizations of auditors on the grounds provided for in paragraphs 3-6 of part 5 of this article, provided that less than one year has passed since the exclusion.

5. The basis for the exclusion by the authorized federal body of information about a non-profit organization from the state register of self-regulatory organizations of auditors is:

1) an application from a self-regulatory organization of auditors to exclude information about it from the state register of self-regulatory organizations of auditors;

2) liquidation or reorganization of a non-profit organization;

3) identification of false information in documents submitted by a non-profit organization in accordance with Part 2 of this article;

4) refusal of the self-regulatory organization of auditors to participate in the established manner in the creation, including financing, and activities of the unified certification commission provided for by this Federal Law;

5) repeated failure by a self-regulatory organization of auditors within one calendar year to comply with the requirements of this Federal Law and regulatory legal acts adopted in accordance with it on maintaining a register of auditors and audit organizations, including the requirement to transfer relevant information to the authorized federal body for maintaining a control copy of such registry;

6) a court decision that has entered into legal force to exclude information about a non-profit organization from the state register of self-regulatory organizations of auditors.

6. The basis for the appeal of the authorized federal body to arbitration court with an application to exclude information about a non-profit organization from the state register of self-regulatory organizations of auditors is:

1) identification, based on the results of the audit, of non-compliance of the self-regulatory organization of auditors with the requirements provided for in Part 3 of Article 17 of this Federal Law;

2) identification, based on the results of an inspection of a self-regulatory organization of auditors conducted by an authorized federal body, of non-compliance of the activities of a self-regulatory organization of auditors with the requirements of the legislation of the Russian Federation and other regulatory legal acts regulating auditing activities;

3) non-fulfillment and (or) non-compliance with the deadlines for fulfillment by the self-regulatory organization of auditors of the mandatory instructions of the authorized federal body provided for by this Federal Law.

7. From the day the court accepts for proceedings the application of the authorized federal body to exclude information about a non-profit organization from the state register of self-regulatory organizations of auditors until the day the court decision enters into legal force, the self-regulatory organization of auditors has no right to accept audit organizations or auditors as members.

8. In the case provided for in Part 7 of this article, or in the event of exclusion of information about a self-regulatory organization of auditors from the state register of self-regulatory organizations of auditors, audit organizations and auditors that are members of such a self-regulatory organization have the right to become members of another self-regulatory organization of auditors.

9. Within 60 working days from the day following the day of exclusion of information about a self-regulatory organization of auditors from the state register of self-regulatory organizations of auditors, audit organizations, auditors who were members of this self-regulatory organization and who have not become members of another self-regulatory organization of auditors, carry out audit activities in in the manner established by this Federal Law, while audit organizations and individual auditors do not have the right to enter into agreements for the provision of audit services.

10. After the expiration of the period established by Part 9 of this article, information about audit organizations, auditors who have not become members of another self-regulatory organization of auditors, is excluded by the authorized federal body from the control copy of the register of auditors and audit organizations.

11. If, during the period provided for in Part 7 of this article, all members of a self-regulatory organization ceased to be members of it, upon the application of the authorized federal body, the court makes a decision on the liquidation of such a self-regulatory organization of auditors and the appointment of a liquidator or liquidation commission.

Article 22. State control(supervision) over the activities of self-regulatory organizations of auditors

1. State control (supervision) over the activities of self-regulatory organizations of auditors is exercised by an authorized federal body.

2. The subject of state control (supervision) over the activities of self-regulatory organizations of auditors is compliance by self-regulatory organizations of auditors with the requirements of the legislation of the Russian Federation and other regulatory legal acts that regulate auditing activities.

3. State control (supervision) over the activities of self-regulatory organizations of auditors is carried out in the form of scheduled and unscheduled inspections.

4. A scheduled inspection of a self-regulatory organization of auditors is carried out no more than once every two years in accordance with the inspection plan approved by the authorized federal body.

5. The basis for an unscheduled inspection of a self-regulatory organization of auditors may be a complaint filed with the authorized federal body against the actions (inaction) of a self-regulatory organization of auditors that violate the requirements of the legislation of the Russian Federation and other regulatory legal acts that regulate auditing activities. The specified complaint can be filed with the authorized federal body by an audit organization, an auditor, as well as federal executive authorities, executive authorities of constituent entities of the Russian Federation, the Central Bank of the Russian Federation, other self-regulatory organizations of auditors, public associations, and other persons in cases provided for by other federal laws . Other grounds for carrying out an unscheduled audit by an authorized federal body of a self-regulatory organization of auditors are established by the legislation of the Russian Federation.

6. The procedure for appointing and conducting an audit of a self-regulatory organization of auditors, the audit program, as well as the procedure for recording its results are established by the authorized federal body.

7. The head of the audited self-regulatory organization of auditors has the right to appeal the actions (inaction) of the officials carrying out the inspection to the head of the authorized federal body within 10 working days from the day following the day the action (inaction) was committed.

8. If a self-regulatory organization of auditors detects violations of the requirements of the legislation of the Russian Federation and other regulatory legal acts that regulate audit activities, the authorized federal body, based on the results of the audit, may apply the following enforcement measures:

1) issue an order obliging the self-regulatory organization of auditors to eliminate the violations identified as a result of such an audit and establishing a deadline for eliminating such violations;

2) issue a warning in writing about the inadmissibility of violating the requirements of the legislation of the Russian Federation and other regulatory legal acts that regulate audit activities;

3) make a decision to exclude information about a non-profit organization from the state register of self-regulatory organizations of auditors on the grounds provided for in paragraphs 3-5 of part 5 of Article 21 of this Federal Law;

4) apply to the arbitration court to exclude information about the non-profit organization from the state register of self-regulatory organizations of auditors.

9. The authorized federal body, within three working days from the day following the day the corresponding decision was made based on the results of an audit of a self-regulatory organization of auditors, is obliged to inform it in writing about the decision made regarding its decision. On the results of an audit of a self-regulatory organization of auditors conducted by an authorized federal body and on the decision taken the authorized federal body is obliged to inform the audit council at its next meeting.

10. The self-regulatory organization of auditors, within three working days after the expiration date established by the authorized federal body for eliminating the violation, must inform the authorized federal body, as well as the audit council, in writing about the elimination of the identified violations at its next meeting.

Article 23. Final provisions

1) audit organizations, auditors are obliged to fulfill the requirements established by this Federal Law for membership in self-regulatory organizations of auditors, in addition, audit organizations must also bring their constituent documents into compliance with the requirements of this Federal Law;

2) audit organizations, individual auditors who have licenses to carry out auditing activities, the validity of which has not expired, have the right to carry out auditing activities;

3) audit organizations, individual auditors with licenses to carry out auditing activities, the validity of which expires in the period from January 1, 2009 to January 1, 2010, have the right to carry out auditing activities without re-issuing a document confirming the presence of a license;

4) auditors who have not fulfilled the requirement for membership in self-regulatory organizations of auditors established by this Federal Law have the right to participate in audit activities (carry out audit activities);

5) professional audit associations accredited before the entry into force of this Federal Law and which have brought their constituent documents into compliance with the requirements established by this Federal Law for self-regulatory organizations of auditors, have the right to submit, in the prescribed manner, to the authorized federal body an application for entering information about them into the state register of self-regulatory organizations of auditors.

2. From January 1, 2010, licenses to carry out auditing activities become invalid and audit organizations and individual auditors who have not joined self-regulatory organizations of auditors are not entitled to conduct audits and provide audit-related services.

3. Until January 1, 2010, in the manner established before the entry into force of this Federal Law, the following shall be carried out:

1) licensing control in accordance with Federal Law of August 8, 2001 N 128-FZ “On licensing of certain types of activities”;

2) external control of the quality of work of audit organizations, individual auditors who are not members of self-regulatory organizations of auditors;

3) confirmation of compliance by auditors with training requirements for advanced training programs.

4. From the date of entry into force of parts 1 - 8 of Article 11 of this Federal Law, auditors who have valid auditor qualification certificates issued before this day have the right to:

1) until January 1, 2012, participate in audit activities (carry out audit activities) in accordance with the type of auditor qualification certificate they have;
(Clause 1 as amended by Federal Law dated 01.07.2010 N 136-FZ)

2) before January 1, 2013, take the qualification exam provided for by this Federal Law in a simplified manner. A simplified procedure for passing the qualification exam for these persons is established by the authorized federal body. At the same time, the requirement established by paragraph 2 of part 1 of Article 11 of this Federal Law that at least two years out of the last three years of work experience related to auditing activities or maintaining accounting records and preparing accounting (financial) statements does not apply to these persons , must be employed in an audit organization.

4.1. From January 1, 2012, auditors who have valid auditor qualification certificates issued in accordance with Federal Law of August 7, 2001 N 119-FZ “On Auditing Activities” have the right to participate in audit activities (carry out audit activities) in accordance with the type of qualifications they have. their auditor qualification certificate, with the exception of participation in audit activities (carrying out audit activities) provided for in Part 3 of Article 5 of this Federal Law.
(Part 4.1 introduced by Federal Law dated 01.07.2010 N 136-FZ)

5. Until January 1, 2013, organizations and individuals upon becoming members of a self-regulatory organization of auditors have the right to submit to self-regulatory organizations of auditors recommendations of at least three auditors who have a valid auditor qualification certificate issued before the date of entry into force of this Federal Law, but no later than three years before giving recommendations confirming the impeccable business (professional) reputation of the applicant.

6. The register of auditors and audit organizations is subject to publication by self-regulatory organizations of auditors, information about which is included in the state register of self-regulatory organizations of auditors before January 1, 2010, on their official websites on the Internet no later than February 1, 2010.

7. A control copy of the register of auditors and audit organizations must be published by the authorized federal body on its official website on the Internet no later than March 1, 2010.

8. Until the creation of the audit council provided for by this Federal Law, its functions are performed by the audit council under the authorized federal body, created before the entry into force of this Federal Law.

9. Until the authorized federal body approves the federal auditing standards provided for by this Federal Law, mandatory for audit organizations, auditors, self-regulatory organizations of auditors and their employees are federal regulations(standards) of auditing activities approved before the entry into force of this Federal Law.

10. Until the approval by the audit council, created in accordance with this Federal Law, of the code of professional ethics of auditors provided for by this Federal Law, the code of ethics of auditors of Russia, approved by the audit council under the authorized federal body created before the date of entry into force of this Federal Law.

11. Self-regulatory organizations of auditors, information about which is included in the state register of self-regulatory organizations of auditors before July 1, 2010, are obliged no later than September 1, 2010 to create a single certification commission provided for by this Federal Law.
(Part 11 introduced by Federal Law dated July 1, 2010 N 136-FZ)

12. The rules of independence of auditors and audit organizations provided for by this Federal Law are subject to:

1) approval by the audit council created in accordance with this Federal Law no later than October 1, 2010;

(Part 12 introduced by Federal Law dated 01.07.2010 N 136-FZ)

Article 24. On amendments to the Federal Law "On licensing of certain types of activities"

Insert into paragraph one of paragraph 52 of Article 18 of the Federal Law of August 8, 2001 N 128-FZ “On licensing of certain types of activities” (Collected Legislation of the Russian Federation, 2001, N 33, Art. 3430; 2002, N11, Art. 1020; 2005 , N 2719, N 11, N 3455; , N 29, Art. 3413; N 30, Art. 3604) change, replacing the words “From January 1, 2009” with the words “From January 1, 2010”.

Article 25. On the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation

1. The following shall be declared invalid from the date of entry into force of this Federal Law:

1) articles 1 - 14, 17, 18, 20 - 22

2) paragraphs 1 - 6, 8, 9, 11 and 12 of Article 1 of the Federal Law of December 14, 2001 N 164-FZ "On Amendments and Additions to the Federal Law "On Auditing Activities" (Collection of Legislation of the Russian Federation, 2001, N51 , Art. 4829);

3) Article 3 of the Federal Law of December 30, 2004 N 219-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law “On Credit Histories” (Collected Legislation of the Russian Federation, 2005, N 1, Art. 45 );

4) Article 23 of the Federal Law of February 2, 2006 N 19-FZ "On amendments to certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation in connection with the adoption of the Federal Law "On placing orders for the supply of goods, fulfillment works, provision of services for state and municipal needs" (Collected Legislation of the Russian Federation, 2006, No. 6, Art. 636);

5) paragraphs 1 and 2 of Article 4 of the Federal Law of November 3, 2006 N 183-FZ “On Amendments to the Federal Law “On Agricultural Cooperation” and certain legislative acts of the Russian Federation” (Collection of Legislation of the Russian Federation, 2006, N45, Art. 4635).

1) paragraph 3 of Article 15, Articles 16 and 19 of the Federal Law of August 7, 2001 N 119-FZ “On Auditing Activities” (Collected Legislation of the Russian Federation, 2001, N 33, Art. 3422);

2) paragraph 10 of Article 1 of the Federal Law of December 14, 2001 N 164-FZ “On Amendments and Additions to the Federal Law “On Auditing Activities” (Collected Legislation of the Russian Federation, 2001, N 51, Art. 4829);

3) paragraph 3 of Article 4 of the Federal Law of November 3, 2006 N 183-FZ “On Amendments to the Federal Law

“On agricultural cooperation” and certain legislative acts of the Russian Federation” (Collection of Legislation of the Russian Federation, 2006, No. 45, Art. 4635).

1) Federal Law of August 7, 2001 N 119-FZ “On Auditing Activities” (Collected Legislation of the Russian Federation, 2001, N 33, Art. 3422);

2) paragraph 7 of Article 1 of the Federal Law of December 14, 2001 N 164-FZ “On Amendments and Additions to the Federal Law “On Auditing Activities” (Collected Legislation of the Russian Federation, 2001, N 51, Art. 4829).

Article 26. Entry into force of this Federal Law

1. This Federal Law comes into force on January 1, 2009, with the exception of parts 1-9 of Article 11, Articles 12 and 16 of this Federal Law.

3. Part 9 of Article 11, Articles 12 and 16 of this Federal Law come into force on January 1, 2010.

President of the Russian Federation
D. Medvedev

A statutory audit is an annual audit carried out by audit organizations.

The audit organization is obliged to insure the risk of its liability for violation of the contract for the provision of audit services (Article 932 of the Civil Code of the Russian Federation). Individual auditors are not entitled to conduct statutory audits.

Mandatory audit is carried out in relation to the following entities.

1. Open joint stock companies.

The JSC publishes its financial statements, the accuracy of which must be confirmed by the auditor’s conclusion (Clause 5 of Article 103 of the Civil Code of the Russian Federation, Articles 88, 92 of the Law on Joint Stock Companies).

2. Credit organizations.

Credit institutions are required to send the results of the annual audit to the Central Bank (Article 24 of the Federal Law “On Banks and Banking Activities”).

The Central Bank of the Russian Federation itself conducts external and internal audits. To conduct internal audits, the Central Bank of the Russian Federation has created a Chief Auditor Service, which reports directly to the Chairman of the Bank of Russia (Article 95 of Federal Law No. 86-FZ of July 10, 2002 “On the Central Bank of the Russian Federation”).

3. Credit history bureau.

These legal entities carry out a new type of activity for our business practice, namely: services for the formation, processing and storage of credit histories (information that characterizes the borrower’s fulfillment of the obligations of a loan and credit), as well as the provision of credit reports. Their legal status regulated by Federal Law of December 30, 2004 N 218-FZ “On Credit Histories”.

4. Insurance organizations and mutual insurance societies.

Insurers publish annual balance sheets and profit and loss accounts after an audit confirms the reliability of the information contained in them (Article 29 of the Law of the Russian Federation of November 27, 1992 “On the organization of insurance business in the Russian Federation”).

5. Commodity and stock exchanges.

There are currently no special requirements for conducting an audit of exchanges.

6. Non-state pension funds.

These funds are required to annually conduct an independent audit at the end of the financial year.

The accounting statements are confirmed by the conclusion of an independent auditor, which is considered an integral part of the annual report on the activities of the fund (Article 22 of the Federal Law of May 7, 1998 N 75-FZ “On Non-State Pension Funds”). In addition, the reorganization of such a fund is also carried out taking into account the auditor’s opinion (Article 33 of the Law).

7. State extra-budgetary funds.

These include the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, and the Medical Insurance Fund of the Russian Federation. Audits of funds are carried out by audit organizations selected on a competitive basis.

Not all organizations created in the form of foundations undergo mandatory audits. The law establishes the following condition: only in funds whose source of funds are voluntary contributions from individuals and legal entities.

9. State and municipal unitary enterprises.

There is a contradiction here between the Federal Law “On Auditing Activities” and Art. 26 of the Federal Law of November 14, 2002 N 161-FZ “On State and Municipal Unitary Enterprises”. The fact is that the first Law provides for certain conditions for conducting a mandatory audit (volume of annual revenue, value of balance sheet assets), while the second does not contain such conditions.

10. Organizations in whose authorized capital the share of state participation is more than 25%.

Auditors are selected on the basis of an open competition held by the audited entity at least once every three years. Rules for this competition, approved. By Decree of the Government of the Russian Federation of November 30, 2005 N 706, they are also mandatory for federal state unitary enterprises.

11. Organizations and individual entrepreneurs.

These entities undergo mandatory audit if 1 of 2 conditions are met:

Annual revenue exceeds 500,000 minimum wage;

The amount of assets on the balance sheet at the end of the year exceeds 200,000 minimum wages.

12. Financial and industrial groups.

In accordance with Art. 16 of the Federal Law of November 30, 1995 N 190-FZ “On Financial and Industrial Groups”, the annual report on the activities of financial industrial groups is compiled based on the results of an audit by an independent auditor. The audit is paid for by the central company of the financial industrial group.

Unfortunately, the current legislation does not special norm on liability for evasion of all entities listed in this paragraph from conducting mandatory audits. However, we can conclude that officials of these organizations are subject to administrative responsibility for gross violation of the rules of accounting and presentation of financial statements (Article 15.11 of the Code of Administrative Offenses of the Russian Federation).

This conclusion is explained by the fact that the auditor’s report is an integral part of the financial statements in cases where an audit is mandatory for the organization (Article 13 of the Federal Law of November 21, 1996 N 129-FZ “On Accounting”).

Russian legislation contains rules on mandatory audits, which, however, cannot be called a type of mandatory audit. So, according to Art. 561 Civil Code RF, before signing a contract for the sale of an enterprise, the parties must consider the conclusion of an independent auditor on the composition and value of the enterprise.

Both auditing organizations and individual auditors (individual entrepreneurs carrying out auditing activities) have the right to carry out statutory audits. An audit organization is a commercial organization that is a member of one of the self-regulatory organizations of auditors. An individual auditor is an individual who has received a qualification certificate as an auditor and is a member of one of the self-regulatory organizations of auditors.

Starting from January 1, 2010, audit organizations and individual auditors that have not joined self-regulatory organizations of auditors are not entitled to conduct audits and provide audit-related services (clause 2 of Article 23 of Law No. 307-FZ).

Based on the results of the statutory audit, the client is presented with an auditor’s report expressing an opinion, as well as an Auditor’s report on the work done. It should be borne in mind that already audited statements are submitted to the management bodies of the organization for approval of the statements.

The auditor's report is an official document intended for users of the accounting (financial) statements of the audited entity. It contains the opinion of an audit organization or an individual auditor, expressed in the prescribed form, about the reliability of the accounting (financial) statements of the audited entity and the compliance of the accounting procedure with the legislation of the Russian Federation (Clause 1, Article 6 of Law No. 307-FZ). In this case, reliability is understood as the degree of accuracy of the accounting (financial) reporting data, which allows users of the reporting to draw correct conclusions about the results of economic activities, the financial and property position of the audited entity and make decisions based on these conclusions. accounting credit audit

Companies whose statements are subject to mandatory audit must include in their annual financial statements an auditor's report confirming the accuracy of these statements.

If a company is subject to a mandatory audit, then the auditor's report is a mandatory component of the financial statements (Clause 2, Article 13 of the Federal Law of November 21, 1996 N 129-FZ “On Accounting”).

Statutory audit is not only a necessity caused by compliance with legal requirements, but also a tool for collecting data for making important management decisions.

A mandatory audit can be distributed over several stages. At the client's request, the firm's auditors, for example, advise the accounting department throughout the year and also conduct an audit of quarterly reports. After preparing the annual balance sheet, an auditor's report is issued.

Conducting a phased audit allows you to detect or prevent errors in a timely manner, distribute and plan audit costs throughout the year.

Mandatory audit is carried out annually. Moreover, a mandatory audit of the financial statements of organizations whose securities are admitted to trading on stock exchanges and (or) other organizers of trading on the securities market, other credit and insurance organizations, non-state pension funds, as well as consolidated statements, is carried out only by audit organizations. In addition, federal laws establish other cases in which mandatory audits are carried out only by audit organizations, for example, the audit of the accounting (financial) statements of a number of state corporations.

A positive opinion from the auditor based on the results of the audit can contribute to increasing confidence in the financial (accounting) statements of the company.

Thus, a positive conclusion from a company with a reliable reputation becomes evidence of the absence of significant tax and financial risks for an economic entity.

mandatory audit reporting proactive

Law No. 307 provides for the rights and obligations of the auditor and the person being audited. The auditor is obliged to draw up an audit report in Russian and conduct a qualified audit. The audited entity must take part in the audit and assist the auditor.

The Auditing Law No. 307 was adopted on December 24, 2008. The Federation Council approved the bill on December 29, 2008. The law came into force on December 30, 2008.

Federal Law 307 regulates the basics of regulation legal relations in the process of carrying out audit activities in the Russian Federation. The law specifies the basic concepts of auditing activities.

An auditor is an individual who has received a certificate of auditing activity and works in private organizations engaged in auditing.

Law No. 307 provides for the rights of the auditor :

• establish the form and method of checking the accounting report;
• check the availability of property reflected in the company’s papers;
• study the documentation provided by the audited entity;
• demand a written response to questions raised during the inspection process;
• refuse to conduct an inspection.

Federal Law 307 states that upon completion of the control, the inspector must draw up an audit report.

The law provides for mandatory points that the audit report must contain:

• title of the report;
• name of JSC, LLC or other addressee;
• information about the person being checked: location, identification number and name;
• information about the audit company or its inspector: name of the organization, personal data of the auditor, location of the company’s office and its state registration number;
• auditable financial statements. The period of its compilation must be indicated;
• list of activities carried out by the individual auditor;
• test results;
• date of the report.

Download the text of the law

The Federal Law on Auditing includes 26 articles. Each of them describes legal norms regulation of auditing activities. Federal Law 307 provides the rights and responsibilities of the auditor and the audited citizen.

For more detailed information about the latest edition of Federal Law No. 307, you can download it.

You can also find out details on Federal Law 172 on strategic planning

Latest changes made to the Law “On Auditing”

The latest amendments to Federal Law 307 on auditing and auditing activities were made on May 1, 2017. The following changes were subject to: Art. 5 part 4, art. 10 part 7, part 8, part 10, art. 16 h. 5 p. 3, p. 4, art. 19 hours 9, art. 20 h. 6 p. 5.

Part 9.2 of Article 23 and Part 11 of Art. were excluded from the text of Federal Law-307. 10.

IN Withtatier 5 part 4 The law changed the terms of concluding contracts with audit companies. According to the new amendments, a mandatory audit is carried out based on the results of the previous audit.

From 10 article 7 part Information on the procedure for completing an audit and on the results, which are established by the authorized body of the Federation, was excluded.

IN article 10 part 8 Law No. 307 additions were made regarding the timing of inspections of audit companies:

• if an organization conducts an audit of the financial activities of an enterprise, then the audit of its activities is carried out no later than once every five years and no more often than once a year;
• if an organization is engaged in private auditing, then the audit is carried out at least once every five years and no more than once a year.

According to the new amendments made to Part 10 10 articles, a citizen has no right to file a complaint against an unscheduled audit of an audit organization with the authorized federal body for control and supervision.

According to the editorial news Article 16 part 5 clause 3 The audit commission includes one representative from the authorized federal body for control and supervision.

Clause 4, article 19 part 9 — amendments were made during the rotation period of candidates for self-regulating audit companies. According to the new changes, candidates are subject to rotation every three years.

Article 20 part 6 clause 5 was supplemented with information from Part 2 of Article 10.1.

Article 5 307 Federal Law describes the grounds for conducting a mandatory audit.

When is a mandatory audit required by law?

• if the enterprise has the form of an organizational legal joint-stock company;
• if the company’s securities are participating in trading;
• if the enterprise is associated with loans and operations carried out with them;
• if the amount from sales of the company’s products exceeded 400 thousand rubles and the amount of assets according to accounting data exceeds 60 million rubles;
• if the company publishes consolidated financial statements.

According to the Law on Audit of Activities, it is mandatory to audit the financial statements of a company once a year.

After the last edition of the law, no amendments were made to the article.

Article 8 regulates the independence of audit companies and their representatives.

Who, according to the law, cannot conduct an audit?

• a person who is the chief accountant of the company, director or co-founder;
• a person who is related to the auditee;
• insurance companies;
• credit institutions associated with the auditee.

The amount of monetary payments to the auditor for conducting accounting control is indicated in the signed agreement.

With the latest edition of Federal Law-307, no changes were made to the article.