Accountancy Profession Act (Cap. 281)

Accountancy Profession Act (Cap. 281), article 7A

Official PDF on legislation.mt

7A. (1) Without prejudice to Article 26 of the Audit Regulation, in carrying out its tasks under the Act and the Aud it Regulation, the Board and any other public authorities may not interfere with the content of audit reports. (2) The Board shall have all the supervisory and investigatory powers that are necessary for the exercise of its functions und er the Act and the Audit Regulation, including, but not limitedly the power to: (a) access data related to the statutory audit or other documents held by auditors or audit firms in any form relevant to the carrying out of their tasks and to receive or take a copy thereof; (b) obtain information related to the statutory audit from any person; (c) carry out on-site inspections of auditors or audit firms; (d) refer matters for criminal prosecution; (e) request experts to carry out verifications or investigations; (f) take the administrative measures, and impose the sanctions referred to in article 14. (3) The Board may use the powers referred to in sub-article (2)(a) only in relation to: (a) auditors and audit firms carrying out statutory audit of public-interest entities; (b) persons involved in the activities of auditors and audit 14 CAP. 281.] ACCOUNTANCY PROFESSION firms carrying out statutory audit of public-interest entities; (c) audited public-interest entities, their affiliates and related third parties; (d) third parties to whom auditors and the audit firms carrying out statutory audit of public-interest entities have outsourced certain functions or activities; and (e) persons otherwise related or connected to statutory auditors and audit firms carrying out statutory audit of public-interest entities. (4) The Board shall exercise its supervisory and investigatory powers in any of the following ways: (a) directly; (b) in collaboration with other authorities; (c) by application to the competent judicial authorities. (5) The supervisory and investigatory powers of the Board shall be exercised in full compliance with Maltese law, and in particular, with the principles of respect for private life and the right of defence. Cap. 586. (6) The processing of personal data processed in the exercise of the supervisory and investigatory powers pursuant to this artic le shall be carried out in accordance with the Data Protection Act and Directive 95/46/EC. Delegation of tasks. Added by: XXXVI. 2016.6.

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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.