Accountancy Profession Act (Cap. 281)

Accountancy Profession Act (Cap. 281), article 16

Official PDF on legislation.mt

16. (1) The provisions of this Act establishing offences and punishments in respect thereof shall not affect the operation o f any other law establishing offences and punishments in respect of t he same acts or omissions and shall not, in particular, affect the application of any higher punishments under any other law. (2) For the purposes of article 3(6) and of article 10(11), the use on any card, letterhead, sign, board, plate, advertisement or other written, printed or engraved device, instrument or docume nt, of the words "certified public accountant" or its abbreviation "CPA", whether in its singular or plural form, in relation to a name, shall be sufficient evidence of the knowledge of such use by th e person in relation to whose name the said words or abbreviation s are used, unless such person proves that the use was made witho ut his knowledge and that upon becoming aware of the use he took adequate steps to stop it. (3) For the purposes of this Act: (a) a person shall not be deemed to exercise the profession of accountant if he acts simply as an employee of, or assistant to, an accountant, and does not issue any accounting or financial statement over his name; (b) to the extent that is so prescribed, a person shall not be deemed to exercise the profession of accountant if he 28 CAP. 281.] ACCOUNTANCY PROFESSION is in such employment or holds or acts in such office, or performs only such work, services, acts or functions, as may be prescribed in directives issued by the Board under this Act; (c) to the extent that is so prescribed in directives issued by the Board under this Act, a person shall not be deemed to exercise the profession of accountant if he gives assurances on the future viability of an audited entity or on the efficiency or effectiveness with which the management or the board of directors has conducted or will conduct the affairs of the entity. Cap. 9. (4) The conduct by the Board of proceedings for professional misconduct and other disciplinary proceedings in terms of artic le 7 shall be without prejudice to any proceedings which may be take n against the person concerned under the provisions of the Criminal Code or of any other law and any proceedings so taken shall be without prejudice to any proceedings that may be taken by the Board. (5) The Minister may by regulation prescribe that the provisions of subarticle (2) be applied mutatis mutandis in respect of the holding of a practising certificate in the field of audi ting. Dismissal or resignation of an auditor. Added by: IX. 2008.57. Amended by: XXIII. 2009.40.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.