Companies Act 2014

F656 [ Transfer of audit documentation to third-country competent authority

1568.

1568. (1) Subject to section 1569 , audit working papers or other documents held by a statutory auditor or audit firm and inspection or investigation reports relating to the audits concerned may be transferred to a third-country competent authority only if the Supervisory Authority, on a request being made of it in that behalf by the first-mentioned authority, determines that the following conditions are complied with (and authorises such transfer accordingly), namely

(a) those audit working papers or other documents relate to the audit of an undertaking which

(i) has issued securities in the third country concerned, or

(ii) forms part of a group that issues group financial statements in the third country concerned,

(b) the third-country competent authority meets requirements which have been declared adequate in accordance with Article 47(3) of the Audit Directive,

(c) there are working arrangements on the basis of reciprocity agreed between the Supervisory Authority and the third-country competent authority, and

(d) the transfer of personal data to the third country concerned is in accordance with the Data Protection Acts 1988 to 2018 and Regulation (EU) 2016/679.

(2) The working arrangements referred to in subsection (1)(c) shall ensure that

(a) justification as to the purpose of the request for audit working papers and other documents is provided by the third-country competent authority concerned,

(b) the audit working papers and other documents are only transferred if

(i) an obligation similar to that provided by section 1554 is provided under the laws of the third country concerned in relation to persons whilst in, and in any period subsequent to their ceasing to be in, the employment of the third-country competent authority, and

(ii) the protection of the commercial interests of the audited undertaking, including its industrial and intellectual property, is not undermined,

(c) the third-country competent authority uses audit working papers and other documents only for the performance of its functions of public oversight, quality assurance and investigations that meet requirements equivalent to those of Articles 29, 30 and 32 of the Audit Directive, and

(d) the request from a third-country competent authority for audit working papers or other documents held by a statutory auditor or audit firm can be refused by the Supervisory Authority if

(i) the first ground referred to in point (d) of paragraph 2 of Article 47 of the Audit Directive applies,

(ii) proceedings in any court in the State have already been initiated in respect of the same actions and against the same statutory auditor or audit firm, the subject of the request, or

(iii) a final determination has already been made by the Supervisory Authority in respect of the same actions and the same statutory auditor or audit firm, the subject of the request.

(3) The Supervisory Authority has, for the purposes of the performance of its functions under the preceding subsections (including the taking of any steps that necessitate the perusal by it of the papers and other documents concerned so as to determine whether the transfer should be refused on any of the grounds referred to in subsection (2)(d) ), the power to require the statutory auditor or audit firm concerned to produce to it the audit working papers and other documents; the statutory auditor or audit firm shall comply with such a requirement made of him or her by the Supervisory Authority. ]

Annotations

Amendments:

F656

Inserted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 51, S.I. No. 366 of 2018.