36 Amendments of Bernhard RAPKAY related to 2011/0359(COD)
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) Member States may exempt public interest entities which have not issued transferable securities admitted to trading on a regulated market within the meaning of point 14 of Article 4(1) of Directive 2004/39/EC and their statutory auditor(s) or audit firm(s) from one or more of the requirements of this regulation.
Amendment 252 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) Where a cooperative within the meaning of Article 2(14) of Directive 2006/43/EC, a savings bank or a similar entity as referred to in Article 45 of Directive 86/635/EEC, a subsidiary or a legal successor of a cooperative, a savings bank or a similar entity as referred to in Article 45 of Directive 86/635/EEC is required or permitted under national provisions to be a member of a non-profit- making auditing entity, an objective, reasonable and informed party would not conclude that the membership-based relationship compromises the statutory auditor's independence, provided that when such an auditing entity is conducting a statutory audit of one of its members, the principles of independence laid down in this Chapter are applied to the auditors carrying out the audit and those persons who may be in a position to exert influence on the statutory audit.
Amendment 276 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Where Article 37 (2) of Directive 2006/43/EC applies paragraph 2 and 3 of this Article shall not apply.
Amendment 416 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point a
Article 11 – paragraph 4 – subparagraph 1 – point a
(a) confirm annually in writing to the audit committeesupervisory or administrative body of the entity his, her or its independence from the audited entity;
Amendment 417 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point b
Article 11 – paragraph 4 – subparagraph 1 – point b
(b) confirm annually in writing to the audit committeesupervisory or administrative body of the entity the names of the audit partners, senior manager and manager of the core team conducting the statutory audit, certifying that there are no conflicts of interest;
Amendment 418 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point c
Article 11 – paragraph 4 – subparagraph 1 – point c
(c) request permission from the audit committeesupervisory or administrative body of the entity to provide the non-audit services referred to in Article 10(3)(b)(i) and (ii) to the audited entity;
Amendment 421 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point e
Article 11 – paragraph 4 – subparagraph 1 – point e
(e) discuss with the audit committeesupervisory or administrative body of the entity the threats to their independence and the safeguards applied to mitigate those threats, as documented by them pursuant to paragraph 3.
Amendment 459 #
Proposal for a regulation
Article 23 – title
Article 23 – title
Additional report to the audit committeesupervisory or administrative body
Amendment 461 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
The statutory auditor(s) or the audit firm(s) carrying out statutory audit of public- interest entities shall submit an additional report to the audit committeesupervisory or administrative body of the audited entity.
Amendment 464 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Amendment 465 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 3
Article 23 – paragraph 1 – subparagraph 3
The audit committeesupervisory or administrative body of the entity or the body performing equivalent functions shall be allowed to transmit the additional report to the management, administrative or supervisory body of the audited entity.
Amendment 467 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 4
Article 23 – paragraph 1 – subparagraph 4
The additional report shall be disclosed to the general meeting of the audited entity if the managementsupervisory or administrative body of the audited entity so decides.
Amendment 468 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 4
Article 23 – paragraph 1 – subparagraph 4
The additional report shall be disclosed to the general meeting of the audited entity if the managementsupervisory or administrative body of the audited entity so decides.
Amendment 469 #
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. The additional report to the audit committeesupervisory or administrative body of the entity shall be in writing. It shall explain in detail and explicitly the results of the statutory audit carried out and shall at least:
Amendment 472 #
Proposal for a regulation
Article 23 – paragraph 2 – point b
Article 23 – paragraph 2 – point b
(b) identify the dates of the meetings with the audit committee or the body performing equivalent functions withinand or with the supervisory or administrative body of the audited entity;
Amendment 473 #
Proposal for a regulation
Article 23 – paragraph 2 – point c
Article 23 – paragraph 2 – point c
(c) identify the dates of the meetings, if any, with the management, administrative or supervisory body of the audited entity;
Amendment 479 #
Proposal for a regulation
Article 23 – paragraph 2 – point h
Article 23 – paragraph 2 – point h
(h) indicate and explain in detail all instances of non-compliance, including non-material instances as far as it is considered to be important to the audit committeesupervisory or administrative body of the entity in order to fulfil its tasks;
Amendment 486 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. In case of disagreement between the appointed statutory auditors or audit firms on auditing procedures, accounting rules or any other issue regarding the conduct of the statutory audit, the reasons for such disagreement shall be explained in the additional report to the audit committeesupervisory or administrative body of the entity.
Amendment 487 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The additional report to the audit committeesupervisory or administrative body of the entity shall be signed and dated by the statutory auditor(s) or the audit firm(s). Where an audit firm carries out the statutory audit, the additional report to the audit committeesupervisory or administrative body of the entity shall be signed by at least the statutory auditor(s) carrying out the statutory audit on behalf of the audit firm.
Amendment 488 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
Amendment 491 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Oversight of the statutory audit by the audit committeesupervisory or administrative body
Amendment 494 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The audit committeesupervisory or administrative body of the public-interest entity shall monitor the work of the statutory auditor(s) or audit firm(s) carrying out the statutory audit.
Amendment 497 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
The statutory auditor(s) or audit firm(s) shall report to the audit committeeentity’s supervisory or administrative body on key matters arising from the statutory audit, and in particular on material weaknesses in internal control in relation to the financial reporting process. Upon request of any of the parties, the statutory auditor(s) or audit firm(s) shall discuss these matters with the audit committee.
Amendment 499 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 518 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Amendment 519 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3 a (new)
Article 31 – paragraph 1 – subparagraph 3 a (new)
The responsibilities of the audit committee shall include discussing the statutory audit and the outcome thereof in such a way that its members can form their own judgment concerning the quality of that audit.
Amendment 527 #
Proposal for a regulation
Article 31 – paragraph 5 – point f
Article 31 – paragraph 5 – point f
(f) authorise, on a case by case basis, preparation of a decision by the supervisory or administrative body on the provision by the statutory auditor or audit firm of the services referred to in Article 10(3)(b)(i) and (ii) of this Regulation to the audited entity.
Amendment 530 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
For the purposes of the application of Article 37 (1) of Directive 2006/43/EC, for the appointment of statutory auditors or audit firms by public-interest entities, the conditions set out in paragraphs 2 to 56 of this Article shall apply.
Amendment 531 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2
Article 32 – paragraph 1 – subparagraph 2
Where Article 37(2) of Directive 2006/43/EC applies, the public-interest entity shall only inform the competent authority of the use of the alternative systems or modalities referred to in that Article; in this case paragraphs 2 to 6 of this Article shall not apply.
Amendment 556 #
Proposal for a regulation
Article 32 – paragraph 7 a (new)
Article 32 – paragraph 7 a (new)
7a. After the statutory auditor has been selected by the general meeting of members or shareholders, the non- executive members of the administrative body or the supervisory body, in consultation with the entity’s audit committee, shall issue the audit assignment.
Amendment 563 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
Article 33 – paragraph 1 – subparagraph 2
Amendment 574 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 3
Article 33 – paragraph 1 – subparagraph 3
Amendment 586 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 4
Article 33 – paragraph 1 – subparagraph 4
Amendment 596 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 4 a (new)
Article 33 – paragraph 1 – subparagraph 4 a (new)
Prior to reappointment, the entity’s supervisory or administrative body, in consultation with the audit committee, shall consider whether the statutory auditor's performance has met statutory requirements and whether reappointment should be recommended. The entity’s supervisory or administrative body shall disclose its assessment criteria.
Amendment 598 #
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1 a. For the purposes of the application of Article 37 (1) of Directive 2006/43/EC, for the appointment of statutory auditors or audit firms by public-interest entities, the conditions set out in paragraphs 2 to 7 shall apply. Where Article 37 (2) of Directive 2006/43/EC applies paragraphs 2 to 4 of this Article shall not apply.
Amendment 605 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. After the expiry of the maximum duration of the engagement referred to in paragraph 1, the statutory auditor or audit firm or any members of its network within the UnionIn connection with subsequent reappointments, too, the entity's supervisory or administrative body and audit committee shall ensure that the statutory auditor meets the requirements as regards the quality of his/her work and his/her independence. Where a statutory auditor has been engaged for more than 10 years to audit the accounts, wthere applicable, shall not undertake the statutory audit of the public-interest entity concerned until a period of at least four years has elapsed supervisory or administrative body shall consider separately whether a change of statutory auditor is appropriate, giving the general meeting a statement of its reasons.