|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
I. In order to strengthen the disciplinary and supervisory work of this vocation, the Chinese Institute of Certified Public Accountants (hereinafter referred to the CICPA) establishes the Disciplinary Commission in accordance with the relevant laws, regulations and the Charter of the CICPA. II. The Disciplinary Commission shall be a special commission under the Council of the CICPA. As the permanent administrative office of the CICPA, the Secretariat of the CICPA shall be responsible for handling the routine affairs of the Disciplinary Commission. III. The Disciplinary Commission shall be mainly responsible for punishing the accounting firms and the certified public accountants who violate the regulations or disciplines. The Disciplinary Commission of the CICPA shall be mainly responsible for punishing the offences against the regulations or disciplines that have serious consequences on the vocation, and the local institutes of certified public accountants shall be responsible for punishing other offences. IV. The Disciplinary Commission shall be composed of 15 members, among whom there shall be 8 certified public accountants, 1 person from the Secretariat of the Chinese Institute of Certified Public Accountants, 2 government representatives, 2 accounting or auditing experts and 2 legal experts. V. A certified public accountant shall meet the following basic conditions if he (she) intends to become a member of the Disciplinary Commission: (1) He (she)has been undertaking the auditing work as a certified public accountant for more than 8 years, and has high level of professional theoretical knowledge and rich experience; (2) He (she) has taken the position as a department manager or above; and (3) He (she) has never been given any administrative punishment or any self-disciplinary punishment by CICPA and he has good professional ethics and practice records. VI. An accounting, auditing or legal expert shall meet the following basic conditions if he (she) intends to become a member of the Disciplinary Commission: (1) He (she) has the corresponding senior professional title; (2) He (she) is acquainted with the situation of the vocation of certified public accountants; and (3) He (she) has good professional ethics and reputation. VII. With regard to the establishment of the Disciplinary Commission, the Secretary General of the CICPA shall put forward a proposal, submitting it to the Council for approval. During the period when the Council is not in session, the proposal shall be submitted to the Executive Council for approval. VIII. There shall be 1 Director and 1 Vice Director in the Disciplinary Commission. IX. The term of office of a member of the Disciplinary Commission shall be 1 year and it may continue upon re-election. X. Where an accounting firm or certified public accountant is under any of the following circumstances, the Disciplinary Commission may punish it (him): (1) Violating the professional ethics; (2) Violating the independent auditing standards of certified public accountants; (3) Violating the quality control standards of certified public accountants; (4) Rejecting or obstructing quality inspection and investigation of the CICPA; or (5) Other circumstances that the Disciplinary Commission deems necessary to be punished. XI. As for an accounting firm that shall be punished due to violating the regulations and disciplines, the Disciplinary Commission may, in light of the seriousness of the circumstance, give it punishments as below separately or concurrently: (1) To give it a warning by talking; (2) To criticize it in writing; (3) To order it to get right within a time limit; (4) To order it to make self-criticism in writing; (5) To order it to make apologies and eliminate the bad consequences; (6) To criticize it within the vocation by circulating a notice; and/or (7) To condemn it openly. XII. As for a certified public accountant that shall be punished due to violating the regulations and disciplines, the Disciplinary Commission may, in light of the seriousness of the circumstances, give him punishments as below separately or concurrently: (1) To give him a warning by talking; (2) To criticize him in writing; (3) To offer him mandatory training; (4) To order him to get right within a time limit; (5) To order him to make self-criticism in writing; (6) To order him to make apologies and eliminate the bad consequences; (7) To criticize him within the vocation by circulating a notice; (8) To condemn him openly; and/or (9) To cancel his membership qualification. XIII. As for an accounting firm or certified public accountant that has been subject to any administrative, civil or criminal liabilities due to its ( his ) illegal act, the Disciplinary Commission may give it (him) a self-disciplinary punishment. XIV. The operating rules of the Disciplinary Commission shall be as follows: (1) The Secretariat of the CICPA shall be responsible for organizing investigations into the offences of an accounting firm and certified public accountant, and shall decide on whether to transfer the case to the Disciplinary Commission; (2) The Secretariat of the CICPA shall inform the Disciplinary Commission of the date of meeting 5 working days ahead of schedule; (3) The meeting of the Disciplinary Commission shall be null unless 2/3 or more of the members attend it; (4) The meeting of the Disciplinary Commission shall be presided over by the director. If the director is absent, it shall be presided over by the vice director; (5) The staff members of the Secretariat of the CICPA and the relevant investigators may attend the meeting of the Disciplinary Commission as non-voting delegates. The representatives of the local institutes of certified public accountants related to the accounting firm or certified public accountant concerned (hereinafter referred to "the party concerned") may attend the aforesaid meeting as non-voting delegates; (6) The Disciplinary Commission may require the party concerned to appear at the meeting to account for the offences; (7) The Disciplinary Commission shall, on the basis of a full discussion, decide on whether to punish it (him) and how to punish it (him). If it is difficult to form a resolution through discussion, a resolution shall be made by a secret ballot. The resolution shall be null unless the majority members vote in favor of it; (8) The meeting of the Disciplinary Commission shall form a written resolution, which shall bear the signatures of all the members who attend the meeting; (9) The Secretariat of the CICPA shall, in the name of the CICPA, issue a punishment notification to the party concerned according to the decision of the Disciplinary Commission. In this notification, it shall specify the items, reasons and way of the punishment and inform the party concerned of the right to file a complaint; (10) If the party concerned refuses to accept the decision of the Disciplinary Commission, it shall, within 5 working days from the day when it receives the punishment notice, file a written complaint to the Secretariat of the CICPA; and (11) If the party concerned fails to file a complaint within the time limit, the Secretariat of the CICPA shall, in the name of the CICPA, issue a punishment decision to the party concerned according to the decision of the Disciplinary Commission. If the party concerned files a complaint and if it is decided by the Complaint Commission of the CICPA that the party concerned shall be punished, the Secretariat of the CICPA shall issue a punishment decision to the party concerned according to the decision of the Complaint Commission. XV. The working disciplines of the Disciplinary Commission shall be as follows: (1) The members of the Disciplinary Commission shall attend the meetings of the Disciplinary Commission in time; (2) The members of the Disciplinary Commission shall keep confidential the details of the cases and the information about discussions at the meetings; and (3) If a member of the Disciplinary Commission is an interested party of the party concerned, he shall withdraw. XVI. If a member of the Disciplinary Commission doesn't meet the requirements for being a member, or if he seriously violates the disciplines of the Disciplinary Commission, he shall be dismissed according to the pertinent procedures. XVII. Where there is any vacant position in the Disciplinary Commission, it shall be filled according to the pertinent procedures for the creation of the members of the CICPA. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|