Compliance Responses and Action Plans

  • Compliance Responses and Action Plans

    IFAC members and associates have provided self-assessment information about the regulatory and standard-setting framework in their countries (Part 1) and their organizations' activities in addressing IFAC's membership requirements (Part 2) as described in the Statements of Membership Obligations. Based on an analysis of this information, they are developing SMO Action Plans for continuous development and improvement.

    Some organizations have qualified to submit SMO Action Plans on a biennial basis by meeting eligibility criteria. These organizations are indicated with an asterisk (*).

    In the interest of transparency and providing information to the profession, regulators, and other stakeholders, all responses and SMO Action Plans are accessible below.

    Ordre des Experts-Comptables du Luxembourg

     

    Introduction

    The information below has been submitted as part of the IFAC Member Body Compliance program. The Program has two components:

    Part 1: Assessment of the Regulatory and Standard-Setting Framework (provides information about regulatory requirements and standard-setting processes in member body countries); and
    Part 2: Assessment of Compliance (provides information on compliance by member bodies with the Statements of Membership Obligations). Part 2 of the Compliance Program will begin later this year, and the results will also be posted to the website.

    The responses to Part 1 are provided below. IFAC staff has reviewed the responses and, where necessary, validated them with external knowledgeable parties. A list of key terms is available to assist readers in understanding the responses.

    The purpose of this Part 1 Assessment is to collect information on the roles of IFAC member bodies and other organizations (including government, regulatory or other appointed authorities) with respect to:

    1. Setting auditing, accounting, ethics, public sector and education standards; and
    2. Regulating the accountancy profession.

    Sections 1 and 2 of Part 1 contain an introduction and instructions for member body respondents. For this reason, they are not included here, and the responses begin with Section 3.

    Questions or comments may be sent to complianceassessment@ifac.org.


    Section 3 -- Member Body General Information

    1. Country:

      Luxembourg


    2. Name of member body:
      Ordre des Experts-Comptables du Luxembourg

      Or please specify name:



    3. Individual responsible for preparation:
      Franz Prost


    4. Date member body became a member of IFAC:
      Note: Please enter a numeric date (e.g., 12/2001, Month/Year)

      09 / 2009



    Questions 5 - 22 are for internal use only


    Section 3G -- Affiliations


    23. Please list those regional organizations to which your organization belongs (e.g., FEE, CAPA, ECSAFA, IAA, etc.):
      FEE, CFE, XBRL Lux. Asbl,PROFIL



    Section 4 -- Statutory Framework


    Responses to this section will provide a description of the legal framework governing the commercial aspects of auditing and financial reporting in your country.

    Section 4A -- The Companies Act or Commercial Code


    The following questions concern the Companies Act (the Act) or Commercial Code (the Code) or similar Legal authority in your country. If no Legal authority exists, or the Legal authority does not address particular questions, please indicate "N/A" for Not Applicable.

    24. What is the full name of:
      a). the Act or the Code: Code de commerce
      b). the Enacting body: Ministry
      c). date the Act or Code came into force: 01 / 1900


    25. How can IFAC obtain a copy of the Act or Code?
      The laws of Luxembourg are available on the website www.legilux.lu


    26. Is the Act or Code available in English?
      Yes   No


    27. What are the types of entities covered by the Act or the Code?
      Please check all that apply.
      Listed entities   Other (please specify):
      Private companies   Other (please specify):
      Governmental   Other (please specify):
      Not-for-profit   Other (please specify):


    28. Is there a requirement for the following entities to prepare annual statutory financial statements? If YES, please describe the financial reporting requirements including the accounting standards to be followed.
      Please check all that apply.
        No Yes (If YES, please describe)
      Listed entities Annual accounts ; annual consolidated accounts under conditions ; periodical financial reporting
      Private companies annual audited accounts ; consolidated annual accounts under conditions
      Governmental
      Not-for-profit annual accounts
      Other (please describe)
      Other (please describe)


    29. Is there a statutory requirement for the following entities to be audited? If YES, describe the requirement including the auditing standards to be followed:
      Please check all that apply.
        No Yes (If YES, please describe)
      Listed entities ISA
      Private companies ISA or Luxembourg standard for small companies
      Governmental
      Not-for-profit ISA or Luxembourg standards
      Other (please describe)
      Other (please describe)


    30. Are the auditors ("statutory auditors") that are appointed for audits required by the Act or Code ("statutory audits") appointed for a specific period?
      Yes   No
      If YES, please indicate the term of appointment: Year(s)


    31. Who appoints the statutory auditors?
      Please check all that apply.
      Shareholders   Management
      Board of directors   Other (please specify):
      Audit committee   Other (please specify):
      Government agency   Other (please specify):


    32. Does the Act or Code require joint auditors for the statutory audit?
      Yes   No
      If yes, please describe the requirement:


    33. Does the Act or Code require the rotation of the auditors or audit firms performing statutory audits?
      Yes   No
      If yes, please describe the requirement:



    Section 4B -- Securities Market Regulations


    Responses to this section will provide a description of the financial reporting and auditing requirements for listed entities in your country.

    34. What are (a) the major items of Legal authority for such requirements, (b) the Enacting body(ies) and (c) the latest amendment date? Please identify the specific articles or sections that pertain to auditing and financial reporting:
    1. the major items of Legal authority for such requirements

      R.O.I

    2. the Enacting body(ies)

      Bourse de Luxembourg in accordance with EU directives.

    3. the latest amendment date?

      March 9, 2009


    35. How can IFAC obtain a copy of the Legal authority?
      The document and other laws implementing EU Directives are available on the website www.bourse.lu


    36. Is the Legal authority available in English?
      Yes   No


    37. Are there any additional or alternative financial statement reporting requirements for listed entities that are not described in your answer to Question 28?
      Yes   No
      If YES, please describe the requirement:
      please see the regulation on www.bourse.lu


    38. Are there any additional auditing requirements that apply to listed entities other than those described in your answer to Question 29 (e.g., additional GAAS requirements, additional independence requirements, requirements to report to those charged with governance, etc.)?
      Yes   No
      If YES, please describe the requirement:


    39. Who appoints the statutory auditors of listed entities?
      Please check all that apply.
      Shareholders   Management
      Board of directors   Other (please specify):
      Audit committee   Other (please specify):
      Government agency   Other (please specify):


    40. Are auditors who perform audits of listed entities appointed for a specified period?
      Yes   No
      If YES, please indicate the term of appointment: 7 Year(s)


    41. Are joint auditors required for audits of listed entities?
      Yes   No
      If YES, please describe the requirement:
      please see auditing standards on the IRE website www.ire.lu


    42. Is rotation of the auditor or audit firm for audits of listed entities required?
      Yes   No
      If YES, please describe the requirement:
      For all entities EU regulations and ISA are followed : 7 years



    Section 5 -- Auditing Standards


    Responses to this section will provide a description of the legal and professional framework governing audit and other assurance standards in your country. The section focuses on the establishment of such standards. Please indicate the role your organization plays within this framework.

    Section 5A -- Statutory Framework


    43. Please provide the name of the Legal authority and/or self-regulatory rules that establish audit and other assurance standards in your country, the date of the last amendment of such authority or rules and the name of body responsible for setting audit and other assurance standards. If the standards are different for different entities (e.g., listed entities, private companies, governmental bodies, not-for-profit organizations, etc.), please specify the details that apply to each:
      Type of entity Name of
      applicable
      legal
      authority
      Date of last
      amendment
      (e.g. MM/YYYY 06/2001)
      Name of body responsible
      for setting audit and
      other assurance standards
      Listed entity ISA 06/2008 IRE
      Other (please describe) non listed entity ISA 06/2008 IRE
      Other (please describe)
      Other (please describe)

      a. How can IFAC obtain copies of these documents?

      Standards are available on the website of the IRE www.ire.lu

      b. Are the documents available in English?
      Yes   No


    Section 5B -- Standard-Setting (IRE)


    44. For IRE, please indicate the nature of the body (i.e., whether it is part of a government ministry or department, an agency appointed by government, a private organization established by the profession, or other [please describe]) and the name of the standards.
      a. Nature of body

      Professional body established by the law of June 28th, 1984

      b. Name of standards

      International Standards on Auditing


    45. How many voting members does the standard-setting body have?
      344 (as per 2008)


    46. Are the members of the standard-setting body involved on a voluntary basis or employed by the standard-setting body?
      Voluntary  
      Employed  
      Both - Please describe: IRE committees : IRE members on a voluntary basis + staff of the IRE


    47. What are the criteria considered in selecting members of the standard-setting body (e.g., best person for the job, sector of the profession, private and public members, academic, geographical representation, etc.)?
      Members of the IRE are lisensed by the Ministry of Justice .


    48. Who appoints these members (e.g., member body, government, user, regulator, etc.)?
      Council Members are elected ; other members can be designated by the Council of IRE.


    49. What is the term of appointment for members?
      3 Year(s)


    50. For how many years has the standard-setting body been in existence?
      25 Year(s)


    51. Please indicate the budget in US$ of the standard-setting body for the last fiscal year:
      Note: Please enter a whole number using commas (e.g., 4,000,000)

      773.000

      Please enter the exchange rate used to calculate this number.

      Note: Please enter a decimal amount (e.g., 4.0027)

      0.76



    52. To what entity is the standard-setting body accountable?
      Ministry of Justice


    53. Describe the due process followed by the standard-setting body. Please include explanations of the following:
    1. public exposure of standards

      Standards are prepared or reviewed inside IRE Committees, then approved by the IRE Council, then approved by the IRE General Assembly of Members

    2. accessibility of meetings (i.e., public or private)

      The Annual General Assembly is only accessible to IRE physical Members

    3. approval process for final standards (i.e., majority required to approve final standards)

      Majority is required to approve final standards.

    4. other relevant due process activities



    54. Approximately how many days per year does the standard-setting body meet in full session (including teleconferences)?
      12 Day(s)



    Section 6 -- Ethics


    Responses to questions in this section will provide a description of the legal and professional framework governing ethics standards for accountants in your country. This section focuses on the establishment of such standards. Please indicate the role your organization plays within this framework.

    Section 6A -- Statutory Framework


    55. For each of the following types of professionals, please indicate the name of the Legal authority and/or self-regulatory rules establishing ethics standards for accountants and auditors in your country, the date of the last amendment of such authority or rules and the name of body responsible for setting the ethics standards.
      Type of professional covered Name of
      applicable
      legal
      authority
      Date of last
      amendment
      (e.g. MM/YYYY 06/2001)
      Name of body responsible
      for setting ethics standards
      Professional Accountants in Public Practice Code D 06/2005 OEC
      Professional Accountants in Business
      Professional Accountants in the Public Sector
      Other (please describe)

      a. How can IFAC obtain copies of these documents?

      one copy is attached to the application forms

      b. Are the documents available in English?
      Yes   No


    Section 6B -- Standard-Setting (OEC)


    56. For OEC, please indicate the nature of the body (i.e., whether it is part of a government ministry or department, an agency appointed by government, a private organization established by the profession, or other [please describe]) and the name of the standards.
      a. Nature of body

      Professional body established by the law of June 10th, 1999

      b. Name of standards

      Code D


    57. How many voting members does the standard-setting body have?
      993 (as per December 2008)


    58. Are the members of the standard-setting body involved on a voluntary basis or employed by the standard-setting body?
      Voluntary  
      Employed  
      Both - Please describe: Members of OEC committees, OEC Council : OEC members on a voluntary basis + OEC staff


    59. What are the criteria considered in selecting members of the standard-setting body (e.g., best person for the job, sector of the profession, private and public members, academic, geographical representation, etc.)?
      Members of the OEC are lisensed by the Ministry of Middle Classes


    60. Who appoints these members (e.g., member body, government, user, regulator, etc.)?
      A Ministry- OEC Members of the OEC Council are elected by the OEC Members for 3 years.


    61. What is the term of appointment for members?
      3 Year(s)


    62. For how many years has the standard-setting body been in existence?
      10 Year(s)


    63. Please indicate the budget in US$ of the standard-setting body for the last fiscal year:
      Note: Please enter a whole number using commas (e.g., 4,000,000)

      529.500

      Please enter the exchange rate used to calculate this number.

      Note: Please enter a decimal amount (e.g., 4.0027)

      0.76



    64. To what entity is the standard-setting body accountable?
      to the Ministry of Middle Classes


    65. Describe the due process followed by the standard-setting body. Please include explanations of the following:
    1. public exposure of standards

      Standards are prepared/reviewed inside OEC Committees, then approved by the OEC Council, then approved by the OEC General Assembly of Members

    2. accessibility of meetings (i.e., public or private)

      The General Assembly of Members is only accessible to physical members of the OEC

    3. approval process for final standards (i.e., majority required to approve final standards)

      Majority is required for the approval of final standards.

    4. other relevant due process activities

      When relevant, hearing of members are included in the setting process of standards.


    66. Approximately how many days per year does the standard-setting body meet in full session (including teleconferences)?
      12 Day(s)



    Section 7 -- Education


    Responses to questions in this section will provide a description of how education requirements for the profession are established. Please indicate the role your organization plays within this process.

    Section 7A -- Education Requirements


    67. Please describe in general terms the education system in your country including the different stages of education from early childhood education through to tertiary level study. Please indicate which aspects / levels are compulsory as part of the national education system:
      Please see "Luxembourg educational system overview" on http://education.stateuniversity.com ;
      Many professionals passed their qualifications in neibourg countries.


    68. Is there a legal authority or regulation that specifies the requirements for an individual to operate as an accountant or auditor in your country?
      Yes   No

      If YES, please provide the name and describe the requirements, including any relating to education, experience or qualifications.

      see law in appendix for "experts-comptables"


    69. Please select from below all the relevant key levels of requirements to obtain certification from your member body (i.e. to qualify as a certified or chartered accountant) and provide a general description of the requirement.
      Academic requirements
      Three years university degree or equivalent
      Professional examinations
      to be passed in Luxembourg- legally defined (RGD 8 mai 2007- loi 28/12/1988
      Practical experience
      Three years including one year as employed by an OEC member
      Final qualifying examination
      Other (please describe)


    70. Which of the following arrangements best describes who establishes the education requirements for the accounting profession in your country? Please select one option.
      A government ministry, department or agency establishes education requirements for the accounting profession with no additional requirements set by the member body(ies).
      A government ministry, department or agency establishes minimum education requirements for the accounting profession, and member body(ies) supplement these requirements.
      Member body(ies) establishes the education requirements for the accounting profession.
      Other (please describe)


    71. Please provide the name(s) of the relevant body in the government ministry, department, agency and / or member body who establishes the education requirements.
      Ministry of Middle Classes

    1. A general description of the role of the relevant body(ies) including how it operates and its due process in establishing the education requirements.

      Education requirements are set by law.

    2. How many voting members does the relevant body(ies) have

      N/A

    3. Are the members of the relevant body(ies) involved on a voluntary basis or employed by the standard-setting body?
      Voluntary  
      Employed  
      Both - Please describe: the staff of the Ministry and sometime working committees

    4. For how many years has the body been in existence?

      80 Year(s)


    72. How would you describe the authority that the education requirements have?
      Requirements are legally-based
      Requirements are set in the constitution, by-laws or other rules of the relevant body(ies).
      Requirements are set in member body(ies) policy document(s).
      Other (please describe)

    72 a. How can IFAC obtain copies of these documents?
      Laws are available (Frensch version) on public websites : www.legilux.lu ; www.mcm.public.lu for chartered accountants.

    72 b. Are these documents available in English?
      Yes   No


    73. Are the education requirements for accountants and auditors the same throughout your country, or do they differ among regions, provinces or states?
      Same   Different
      If different, please briefly describe the main differences:


    74. Please indicate the scenario that best describes who delivers the education and examination process for members of the profession. Please only select one option.
      The education program and final examination are delivered by the member body.
      The education program and final examination are delivered by the member body and other education institutions (e.g., universities, colleges, and others).
      The education program and final examination are delivered by education institutions (e.g., universities, colleges, and others).
      Other (please explain)


    75. Once qualified as a member of your professional body, can members offer their services directly to the public?
      Yes   No



    Section 7B -- Licensing


    76. Are there licensing requirements for auditors in your country?
      Yes (continue with Question 77)   No (proceed to Section 8)


    77. Who sets the requirements to obtain a license?
      law under the responsibility of the Ministry of Justice


    78. What are the requirements to obtain a license (please select all relevant requirements.)?
      Academic study specific for obtaining a license
      Practical experience
      Licensing examination
      Final qualifying examination
      Other (please describe)


    79. Are there ongoing requirements to retain a license?
      Yes   No

      If YES, please select all relevant requirements.
      Continuing professional development
      Re-examination
      Other (please specify):


    80. What entity grants the license?
      Ministry of Justice : see details on www.ire.lu


    81. Describe any additional licensing requirements for auditors of listed entities (e.g., additional education requirements, registration, etc.).
      N/A



    Section 8 -- Public Sector Accounting Standards


    Responses to this section will provide a description of the legal and professional framework governing public sector accounting standards in your country. The section focuses on the establishment of such standards. Please indicate, where appropriate, the role of your organization within this framework.

    Section 8A -- Statutory Framework


    82. Please provide the name of the Legal authority and/or self-regulatory rules establishing public sector accounting standards in your country, the date of last amendment and the name of the body responsible for setting public sector accounting standards. If the standards are different for different entities (e.g., whole of government, ministry/department, statutory authority/agency, profit entity owned by government, state governments, local governments, other [please specify]), please specify the details that apply to each.
      Type of entity Name of
      legal
      authority
      Date of last
      amendment
      (e.g. MM/YYYY 06/2001)
      Name of body responsible
      for setting public sector
      accounting standards
      Whole of government Law 06/1999 Cour des comptes
      Ministry/department Law 06/1999 Cour des comptes
      Statutory authority/agency Law 06/1999 Cour des comptes
      Profit entity owned by government Law 06/1999 Cour des comptes
      State governments law 06/1999 Cour des comptes
      Local governments law 06/1999 Cour des comptes
      Other (please describe)
      Other (please describe)

      a. How can IFAC obtain copies of these documents?

      please see the website of the Court of Auditors of the GD Luxembourg :www.court-des-comptes.lu
      Luxembourg follows EU directives.


      b. Are the documents available in English?
      Yes   No


    Section 8B -- Standard-Setting (Cour des comptes)


    83. For Cour des comptes, please indicate the nature of the body (i.e., whether it is part of a government ministry or department, an agency appointed by government, a private organization established by the profession, or other [please describe]) and the name of the standards.
      a. Nature of body

      The body is set by the Constitution of the GD Luxembourg

      b. Name of standards

      Please see all details in the law of June 8, 1999 as modified and related regulations on www.court-des-comptes.lu


    84. How many voting members does the standard-setting body have?
      please see details on www.court-des-comptes.lu


    85. Are the members of the standard-setting body involved on a voluntary basis or employed by the standard-setting body?
      Voluntary  
      Employed  
      Both - Please describe: please see details on www.court-des-comptes.lu


    86. What are the criteria considered in selecting members of the standard-setting body (e.g., best person for the job, sector of the profession, private and public members, academic, geographical representation, etc.)?
      please see details on www.court-des-comptes.lu


    87. Who appoints these members (e.g., member body, government, user, regulator, etc.)?
      please see details on www.court-des-comptes.lu


    88. What is the term of appointment for members?
      Year(s)


    89. For how many years has the standard-setting body been in existence?
      Year(s)


    90. Please indicate the budget in US$ of the standard-setting body for the last fiscal year:
      Note: Please enter a whole number using commas (e.g., 4,000,000)

      Please enter the exchange rate used to calculate this number.

      Note: Please enter a decimal amount (e.g., 4.0027)



    91. To what entity is the standard-setting body accountable?
      please see details on www.court-des-comptes.lu


    92. Describe the due process followed by the standard-setting body. Please include explanations of the following:
    1. public exposure of standards

      please see details on www.court-des-comptes.lu

    2. accessibility of meetings (i.e., public or private)

      please see details on www.court-des-comptes.lu

    3. approval process for final standards (i.e., majority required to approve final standards)

      please see details on www.court-des-comptes.lu

    4. other relevant due process activities



    93. Approximately how many days per year does the standard-setting body meet in full session (including teleconferences)?
      Day(s)



    Section 9 -- Private Sector Accounting Standards


    Responses to the questions in this section will provide a description of the legal, statutory and professional framework governing private-sector accounting standards in your country. The section focuses on the establishment of such standards. Please indicate what role your organization plays within this framework.

    Section 9A -- Statutory Framework


    94. Please provide the name of the Legal authority and/or self-regulatory rules that establish private-sector accounting standards in your country, the date of last amendment, and the name of the body responsible for setting private sector accounting standards. If the standards are different for different entities (for example, listed entities, private companies, governmental organization, not for profit organizations, etc.), please specify the requirements that apply to each.
      Type of entity Name of legal
      authority or
      applicable
      rules
      Date of last
      amendment
      (e.g. MM/YYYY 06/2001)
      Name of body responsible
      for setting private sector
      accounting standards
      Listed entity
      Other (please describe) all the private sector Laws Ministry of Justice
      Other (please describe)
      Other (please describe)
      Other (please describe)

      a. How can IFAC obtain copies of these documents?

      The private sector accounting standards applicable are those set by the EU Directive.
      The directives are implemented through a number of laws under the responsibility of the MInistry of Justice


      b. Are the documents available in English?
      Yes   No


    Section 9B -- Standard-Setting (Ministry of Justice)


    95. For Ministry of Justice, please indicate the nature of the body (i.e., whether it is part of a government ministry or department, an agency appointed by government, a private organization established by the profession, or other [please describe]) and the name of the standards.
      a. Nature of body

      Ministry

      b. Name of standards

      Laws


    96. How many voting members does the standard-setting body have?
      please see details on www.mj.public.lu


    97. Are the members of the standard-setting body involved on a voluntary basis or employed by the standard-setting body?
      Voluntary  
      Employed  
      Both - Please describe:


    98. What are the criteria considered in selecting members of the standard-setting body (e.g., best person for the job, sector of the profession, private and public members, academic, geographical representation, etc.)?
      please see details on www.mj.public.lu


    99. Who appoints these members (e.g., member body, government, user, regulator, etc.)?
      please see details on www.mj.public.lu


    100. What is the term of appointment for members?
      Year(s)


    101. For how many years has the standard-setting body been in existence?
      Year(s)


    102. Please indicate the budget in US$ of the standard-setting body for the last fiscal year:
      Note: Please enter a whole number using commas (e.g., 4,000,000)

      N/A

      Please enter the exchange rate used to calculate this number.

      Note: Please enter a decimal amount (e.g., 4.0027)



    103. To what entity is the standard-setting body accountable?
      The Ministry is accountable to the gouvernment of de GD Luxembourg


    104. Describe the due process followed by the standard-setting body. Please include explanations of the following:
    1. public exposure of standards

      please see details on www.mj.public.lu

    2. accessibility of meetings (i.e., public or private)

      please see details on www.mj.public.lu

    3. approval process for final standards (i.e., majority required to approve final standards)

      please see details on www.mj.public.lu

    4. other relevant due process activities



    105. Approximately how many days per year does the standard-setting body meet in full session (including teleconferences)?
      Day(s)



    Section 10 -- Monitoring (Quality Assurance) and Enforcement


    Responses to the questions in this section will provide a description of the legal and professional framework governing regulation of the profession in your country. Please indicate what role your organization plays within this framework.

    Section 10A -- Securities Market Regulatory Authority


    106. Name the authority that regulates the securities market:
      CSSF : Commission de surveillance du secteur financier


    107. What responsibilities does this organization have for monitoring and enforcing compliance with accounting, reporting or auditing requirements? Please identify the Legal authority that establishes that responsibility:
      loi du 5 avril 1993- loi du 13 juillet 2007, see more details on www.bourse.lu and www.cssf.lu


    108. Briefly describe the role of the regulatory authority as it relates to the following:
    1. regulation of the audit profession

      N/A

    2. accounting and auditing standard-setting

      N/A

    3. review of financial statements prepared by listed entities, and monitoring of their compliance with the accounting and disclosure requirements

      see detail on www.cssf.lu



    Section 10B -- Stock Exchange


    109. Name the four largest stock exchangers (by market capitalization) and whether it is organized as a profit or not-for-profit organization:
      Profit Not
      for
      profit
      Stock Exchange
      Luxembourg Stock Exchange (www.bourse.lu)



    Section 10B -- Stock Exchange
    Luxembourg Stock Exchange (www.bourse.lu) Details


    110. For Luxembourg Stock Exchange (www.bourse.lu), is there a mechanism at the stock exchange(s) for monitoring and enforcing financial reporting, accounting and auditing of listed entities?
      Yes   No

      If YES, please describe the following:

    1. How the monitoring and enforcement of financial reporting, accounting and auditing is conducted.

      Please note that all EU directives and regulations are applicable through the laws in Luxembourg ; see details of the regulation on www.bourse.lu

    2. The consequences of non-compliance with the financial reporting, accounting or auditing requirements.

      refer to a)

    3. How enforcement actions are administered.

      refer to a)



    Section 10C -- Regulatory Oversight of the Accounting Profession


    111. Has an audit profession oversight body been established (e.g., to oversee the external quality assurance review process, etc.)?
      Yes   No

      If NO, proceed to the next section.

      If YES, please describe :

    1. What are the name and duties of the oversight body?



    2. The number of members on the oversight body



    3. Its powers



    4. How the oversight body conducts or oversees a program of inspections to assess the degree of compliance of each audit firm/auditor with applicable auditing standards and regulations



    5. The sanctions the oversight body may impose in the event of non-compliance



    6. How the oversight body is accountable to any public institution or body



    Section 10D -- Banks Regulatory Authority


    112. Name the authority that regulates the banks and similar financial institutions. Discuss how this authority differentiates between accounting requirements for regulatory reporting and general purpose external financial reporting:
      CSSF : commission de Surveillance du Secteur Financier. all circulars issued by the CSSF are avaibable on www.cssf.lu


    113. Discuss briefly the legal requirements with respect to monitoring and enforcement by the regulatory authority of accounting and auditing standards that apply to the banks and similar financial institutions:
      All EU Directives and regulations, including those related to the financial sector, are applicable through the laws and regulations of the Luxembourg


    114. Briefly describe the role of the regulatory authority as it relates to the following:
    1. regulation of the audit profession

      n/a

    2. accounting and auditing standard-setting

      n/a

    3. review of financial statements prepared by listed entities

      see details on www.cssf.lu

    4. enforcement of accounting, reporting and auditing requirements

      see details on www.cssf.lu



    Section 10E -- Non-Banking Financial Institutions Regulatory Authority


    115. Name the regulatory authority(ies) responsible for monitoring compliance with and enforcing accounting, reporting and auditing requirements imposed on non-banking institutions.
      CSSF please refer to section 10 D.


    116. What is the source of Legal authority of the regulatory authority(ies)?
      Loi du 5 avril 1993 (as modified)


    117. Briefly describe the role of the regulatory authority(ies) as it relates to the following:
    1. regulation of the audit profession

      N/A

    2. accounting and auditing standard-setting

      n/a

    3. review of financial statements prepared by listed entities

      see details on www.cssf.lu

    4. enforcement of accounting, reporting and auditing requirements

      see details on www.cssf.lu



    Section 10F -- Insurance Companies Regulatory Authority


    118. Name the regulatory authority responsible for monitoring compliance with and enforcing accounting, reporting and auditing requirements imposed on insurance companies.
      Commissariat aux assurances


    119. What is the source of Legal authority of the regulatory authority(ies)?
      loi 06/12/1991 as modified


    120. Briefly describe the role of the regulatory authority(ies) as it relates to the following
    1. regulation of the audit profession

      N/A

    2. accounting and auditing standard-setting

      N/A

    3. review of financial statements prepared by listed listed entities

      see details on www.commassu.lu

    4. enforcement of accounting, reporting and auditing requirements

      see details on www.commassu.lu



    Section 10G -- Other Regulatory Authority


    121. Name any other regulatory authority(ies) responsible for monitoring compliance with and enforcing accounting, reporting and auditing requirements.
      Commission des Normes Comptables


    122. What is the source of Legal authority of each regulatory authority?
      Loi 19/12/2002


    123. Briefly describe the role of the regulatory authority(ies) as it relates to the following
    1. regulation of the audit profession

      N/A

    2. accounting and auditing standard-setting

      accounting standards only

    3. review of financial statements prepared by listed listed entities

      n/a

    4. enforcement of accounting, reporting and auditing requirements

      except auditing requirements



    Section 10H -- Quality Assurance


    124. Does any organization of professional accountants/auditors organize a program of quality assurance review to monitor compliance with accounting, reporting and auditing requirements?
      Yes   No

      If NO, proceed to next Section.

      If YES, briefly describe the monitoring and enforcement mechanism.

      Annual peer review process



    125. Under what authority does the organization conduct the program of quality assurance review?
      OEC : under its own authority ; IRE : idem


    126. Who performs the review (e.g., one firm reviewing another firm, staff from the national professional organization, contractors, or a combination of these)?
      OEC : OEC firms or members reviewing other OEC firms or members ; IRE : idem



    Section 10 I -- Investigation and Discipline


    127. Is there a process for investigating and disciplining the accounting profession in your country?

    128. Which of the following best describes the responsibility for the investigatory and disciplinary function in your country?
      Government or other agencies are solely responsible for this function.
      Government or other agencies have this responsibility, but the member body or bodies participate in the process.
      Government formally delegates this function to the member body or bodies, to exercise on its behalf.
      Member body or bodies have separate and independent processes that operate alongside processes of legal authorities.
      Other (please explain)


    129. Please indicate the name of the body or bodies responsible for investigation and discipline.
      OEC : Disciplinary Council and the President of the Public Court (Tribunal d'Arrondissement)


    Responses to the remaining questions in this Section are required if your organization has responsibility for investigation and disciplinary actions.

    130. How many voting members does the body have?
      5


    131. Are the members of the body involved on a voluntary basis or employed by the standard-setting body?
      Voluntary  
      Employed  
      Both - Please describe: voluntary except for the President of the Public Court as set by law


    132. What are the criteria considered in selecting members of the body (e.g., best person for the job, sector of the profession, private and public members, academic, geographical representation, etc.)?
      Members of the Disciplinary Council are designated from the OEC Council, from the oldest to the newest in the profession, with the exception of the Council President who cannot be designated


    133. Who appoints these members (e.g., member body, government, user, regulator, etc.)?
      OEC Council in compliance with the law requirements


    134. What is the term of appointment for members?
      3 Year(s)


    135. For how many years has the body been in existence?
      10 Year(s)


    136. Please indicate the budget in US$ of the body for the last fiscal year.
      Note: Please enter a whole number using commas (e.g., 4,000,000)

      529.500

      Please enter the exchange rate used to calculate this number.

      Note: Please enter a decimal amount (e.g., 4.0027)

      0.76 (specify currency)



    137. To what entity is the body accountable?
      NA


    138. Approximately how many days per year does the body meet in full session (including teleconferences)?
      Day(s)



     

     

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