Withdrawal of the audit firm's authorization*
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The procedure establishes the steps and conditions under which the Authority for the Supervision of Statutory Audit Activity (ASPAAS), as the competent authority, withdraws the authorization of audit firms authorized and registered in the Electronic Public Register of financial auditors and audit firms, in accordance with the provisions of Law no. 162/2017 regarding the statutory audit of annual financial statements and consolidated annual financial statements and the amendment of certain legal acts and the Order of the ASPAAS President no. 87/2018 for the approval of the Rules on the authorization of financial auditors and audit firms in Romania, the recognition of audit firms from other member states, the withdrawal, and reacquisition of authorization:
ASPAAS withdraws the authorization of an audit firm by order of the ASPAAS President:
I. in the event that its good reputation has been seriously compromised.
II. in any of the following situations:
1. in case any of the conditions imposed by art. 3 para. (5) letters b) and c) of Law no. 162/2017 is no longer fulfilled and a period of more than 3 months passes from the moment any of those conditions ceased to be fulfilled;
2. in the case of committing administrative offenses and the application of the administrative sanction provided in art. 40 para. (4) letter e) of Law no. 162/2017;
3. in case one of the criteria regarding good reputation is no longer fulfilled and, thus, the good reputation is seriously compromised, in accordance with the ASPAAS President’s Order No. 89/2018 of August 14, 2018 for the approval of the Rules regarding the good reputation of trainees in financial audit activity, financial auditors and audit firms.
Final document: The ASPAAS President's order for the withdrawal of the audit firm's authorization is issued within 30 days from the date of notification to ASPAAS of the audit firm's request accompanied by supporting documents or from the date when ASPAAS becomes aware of one of the situations provided in items 1-3.
During the procedure, it may become necessary to notify the petitioner regarding the submission of valid documents or conditions whose compliance/fulfillment is not confirmed by the submitted documents.
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According to the provisions of art. 46 of Law no. 162/2017, the orders of the ASPAAS president and any other administrative act issued by ASPAAS may be challenged before the competent administrative court, provided that a prior complaint is filed and all other provisions of the Administrative Litigation Law no. 554/2004, with subsequent amendments and completions, are observed.
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