(Re)appointment of the external auditor
The latest European developments regarding the audit profession express the wish to strengthen the quality and transparency of the external audit. In response to these developments, the Committee has published a practical rule hereto.The 'pratical rule for the procedure regarding nomination…
Effective relationship between the audit committee, the internal audit and the external audit
Authors: Belgian Association of Listed Companies, Belgian Institute of Registered Auditors, Institute of Internal Auditors BelgiumThe guidelines were drawn up in order to assist the members of the audit committee of listed companies in the application of the legal provisions and the recommendations…
Law on the organization of the profession and the public supervision of auditors
This law aims at the further implementation of the audit reform consisting of (i) the European Audit Regulation 537/2014/EU and (ii) the European Audit Directive 2014/56/EU amending the current Audit Directive 2006/43/EC.
The main themes of the audit reform are the following: external audit firm rotation and the prohibition and restrictions on non-audit services, new public supervision of auditors, extensive reporting of the auditor and the strengthening of the Audit Committee.
Law containing various provisions regarding Economy
This law contains several provisions concerning the profession of auditors.
- External rotation: The law retains the duration of the auditor's mandate to three years in both the public interest entities (PIEs) and in other organizations. It provides that the auditor of a PIE may carry only three consecutive terms in the same organization. However, any extension after a 3rd mandate is possible:
- if adhering to an open procedure within the meaning of Article 17 § 4 a) of European Regulation No. 537/214. In this hypothesis, it is possible to renew the mandates in order to allow for a maximum total duration of 18 years;
- in the case of the appointment of a board of auditors. In this hypothesis, it is possible to renew the mandates in order to allow for a maximum total duration of 24 years.
- Powers of the disciplinary bodies: Article 89, §1 of the Law of June 29, 2016 provides that as of June 17, 2016 the Sanctions Committee of the FSMA acquires the power to take disciplinary measures against the auditors in charge of the legal audit of the financial statements of one or more public interest entities (PIEs). However, the law delegates as a transitional measure, this new power to the existing Disciplinary Committee of the IBR to the entry into force of the future law which will transpose Directive 2014/56/EC (amending Directive 2006/43/EC) into Belgian law.