Publication date: 06.06.2024
lawyer, 23 years of experience in enforcement.
A legal entity intends to use the help of an auditor, in connection with which questions arise: How to formalize relations with the auditor?, and what is the responsibility of the auditor during the performance of his duties?
Audit activity involves organizational and methodical support of audit activity, implementation of audit checks (audit) and provision of other services. The auditor (auditing company) is liable for property and other civil costs related to his failure to fulfill his obligations under the contract, in accordance with the contract and the law. The maximum amount of liability associated with auditors is limited to the actual damage caused to the customer as a result of their negligence.
The auditor checks the accounting records and financial reporting indicators of the business organization. The purpose of the audit is to provide an independent assessment of the legality of the provided information and the company's compliance with various accounting rules or other regulatory acts. In addition, the auditor can provide additional services related to the audit of accounting, including maintenance and restoration of accounting, consultations on accounting and financial reporting, verification and assessment of the state of financial and economic activity, etc.
In accordance with the Law on the Audit of Financial Statements and the Audit Process, an audit begins with a contract between the auditor (audit company's partner) and the client. Other audit services may be provided on the basis of a contract, a written request from the customer to the auditor, or a verbal request.
Before closing the contract, it is useful to discuss all aspects of the degree of responsibility of the auditor to the company. The contract for audit and other services must contain a description of the subject and duration of the audit, the scope of the audit, the cost of the audit and the responsibility of each party.
It is important to note that any clause in the contract that purports to release the auditor from the legal obligation to pay for the report or other documentation that reflects the results of the audit is considered invalid.
The topic of audit activity, which is necessary for conducting a mandatory audit of financial statements, requires a valid insurance contract with a third party of a civil law nature.
For improper performance of professional duties, the auditor (auditing company) may be issued a warning, the validity of the certificate may be suspended for up to one year, or the certificate may be revoked, the auditor may be suspended from work. from the registry.
The auditor is obliged to keep the information obtained during the audit confidential, the results of other checks are not disclosed, and the use of this information is not of a commercial or altruistic nature. At the same time, the auditor's duty to provide information to the central executive body, which implements the state policy on prevention and countermeasures against the legalization (laundering) of proceeds obtained by crime, is not considered a violation of commercial secrecy.
The auditor has the right to conduct audits as an individual entrepreneur after registration in the Register of Auditors and Firms.
Specialists of the legal service "Consultant" will provide legal services for business and help in such matters as preparation of a claim to a debtor, preparation of the contract, contract preparation , counterparty verification, claim to the debtor, demand to the debtor, and support at all necessary stages to resolve the relevant issue.
