Accountancy Profession Act (Cap. 281)
Accountancy Profession Act (Cap. 281), article 3
3. (1) Except where otherwise prescribed in regulations made
by the Minister under this Act , no person shall practise the
profession of accountant unless he is a warrant holder.
(2) A person shall not qualify for a warrant under article 4
unless -
(a) he is of good conduct and repute;
(b) he is of full legal capacity;
(c) he has:
(i) successfully completed the course leading to the
award of the professional accountancy degree
organized by the University of Malta; or
(ii) attained university entrance or equivalent level,
then completed a course of theoretical
instruction recognised by the Board:
Provided that in every case the courses referred to in
this subarticle shall cover such subjects at such levels as
may be prescribed i n regulations made by the Minister
under this Act;
(d) unless covered in the courses referred to in paragraph
(c), he has passed an examination, part or all of which
must be in writing, of professional competence of
University final or equivalent examination level,
recognised or set by the Board for that purpose:
Provided that the Board shall ensure that in the case of
an application for a practising certificate in the field of
auditing the examination of professional competence
referred to in this subarticle adequately covers the
necessary level of theoretical knowledge of the
subjects prescribed in regulations made by the
Minister under this Act relevant to auditing as well as
the ability to apply such knowledge in practice:
Provided further that where a person has completed a
course of theoretical instruction and passed an
ACCOUNTANCY PROFESSION [CAP. 281. 5
examination of professional competence of university
final or equivalent examination level relating to the
accountancy profession and recognised by the Board
but which did not cover all of the subjects prescribed
in regulations made by the Minister under this Act, the
Board may accept such qualification after such person
shall have passed such examination or examinations in
local laws and in those other subjects as the Board may
determine according to the particular circumstances;
and
(e) he satisfies the Board that he has adequate experience
in the practice of accountancy for an aggregate period
of three years, of which an equivalent of at least one
year’s experience shall be gained after he has obtained
the academic qualifications stipulated in paragraph (c).
(3) Notwithstanding the provisions of subarticle (2), the Board
may issue, to any person who is duly qualified to act as accoun tant
in any third-country, a warrant to act as accountant in Malta f or
such limited period or periods or such specific purpose or purp oses,
or both such period and purpose, and subject to such other
conditions as may be specified in the warrant.
(4) Any person who acts in contravention of any of the
provisions of this article shall be guilty of an offence and sh all be
liable on conviction for each offence, in respect of the first offence
to a fine ( multa ) not exceeding one thousand and two hundred euro
(€1,200.00) and in respect of a second or subsequent offence to a
fine ( multa ) not exceeding six thousand euro (€6,000.00) or to
imprisonment for a period not exceeding six months, or to both
such fine and imprisonment, and in the case of a continuing offence
to an additional fine ( multa ) not exceeding one hundred and twenty
euro (€120.00) for each day during which the offence continues.
(5) Any person who, for the purpose of obtaining a warrant or
practising certificate under this Act, gives any wrong informat ion
or otherwise acts in a deceitful or fraudulent manner, shall be guilty
of an offence and shall be liable on conviction for each offenc e to a
fine ( multa ) not exceeding twelve thousand euro (€12,000.00) or to
imprisonment not exceeding twelve months or to both such fine a nd
imprisonment.
(6) Any person who, not being a warrant holder or a holder of a
practising certificate in the field of auditing issued under th is Act,
assumes the title or designation of "certified public accountan t" or
of "certified public accountant and auditor" or their abbreviat ions
"CPA" or "CPAA" or in any other manner indicates that he is
entitled to exercise the profession of accountant or to act as auditor
in Malta, shall be guilty of an offence and shall be liable on
conviction for each offence to a fine (multa ) not exceeding two
thousand and three hundred euro (2,300.00) and in respect of a
second or subsequent offence to imprisonment for a period not
exceeding three months or to both such fine and imprisonment.
6 CAP. 281.] ACCOUNTANCY PROFESSION
Warrant to practice
as accountant.
Amended by:
XXXIV . 1986.3;
XVI. 1991. 3.
Substituted by:
XIV . 2003.4.
Amended by:
IX. 2008.49;
XXXVI. 2016.4;
XXI of 2020.
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.