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.

    Corpul Expertilor Contabili si Contabililor Autorizati din Romania (CECCAR)/The Body of Expert and Licensed Accountants of Romania

     

    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:

      ROMANIA


    2. Name of member body:
      Corpul Expertilor Contabili si Contabililor Autorizati din Romania (CECCAR)/The Body of Expert and Licensed Accountants of Romania

      Or please specify name:



    3. Individual responsible for preparation:
      EC Daniela Vulcan, CECCAR executive director


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

      06 / 1996



    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: Federation des Experts Comptables Europeens
      FIDEF: Federation Internationalle des Experts Comptables Francophones
      FCM: Federation des Experts Comptables Mediteraneens
      CILEA: Comite de Integracion Latino Europa - America
      SEEPAD: South Eastern European Partnership on Accountancy Development
      ECGI: European Corporate Governance Institute
      IFA: International Fiscal Association
      Edinburgh Group



    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: Accountancy Law No. 82/1991, published in the Official Journal No. 265 of 27.12.1991, Part 1, Republished for the third time in the Official Journal, Part I No. 48/14.01.2005, modified and amended by the Law No. 259/19.07.2007, published in the Official Journal No. 506/27.07.2007, Part I.
      b). the Enacting body: Ministry of Economy and Finance
      c). date the Act or Code came into force: 07 / 2007


    25. How can IFAC obtain a copy of the Act or Code?
      By contacting CECCAR


    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 There are two financial reporting systems in Romania: 1. based on IAS and EU Directives and 2. a simplified system for entities with balance sheet total under 5 million EUR (See attachment)
      Private companies There are two financial reporting systems in Romania: 1. based on IAS and EU Directives and 2. a simplified system for entities with balance sheet total under 5 million EUR (See attachment)
      Governmental There are two financial reporting systems in Romania: 1. based on IAS and EU Directives and 2. a simplified system for entities with balance sheet total under 5 million EUR (See attachment)
      Not-for-profit There are two financial reporting systems in Romania: 1. based on IAS and EU Directives and 2. a simplified system for entities with balance sheet total under 5 million EUR (See attachment)
      Other (please describe) Applies to all from above There are two financial reporting systems in Romania: 1. based on IAS and EU Directives and 2. a simplified system for entities with balance sheet total under 5 million EUR (See attachment)
      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 There are two complementary audit systems: 1. for entities applying regulations based on IAS and EU Directives (those entities are audited by financial auditors according to ISAs); 2. for smaller entities (audited by censors) - (See attachment)
      Private companies There are two complementary audit systems: 1. for entities applying regulations based on IAS and EU Directives (those entities are audited by financial auditors according to ISAs); 2. for smaller entities (audited by censors) - (See attachment)
      Governmental There are two complementary audit systems: 1. for entities applying regulations based on IAS and EU Directives (those entities are audited by financial auditors according to ISAs); 2. for smaller entities (audited by censors) - (See attachment)
      Not-for-profit There are two complementary audit systems: 1. for entities applying regulations based on IAS and EU Directives (those entities are audited by financial auditors according to ISAs); 2. for smaller entities (audited by censors) - (See attachment)
      Other (please describe) Applies to all from above There are two complementary audit systems: 1. for entities applying regulations based on IAS and EU Directives (those entities are audited by financial auditors according to ISAs); 2. for smaller entities (audited by censors) - (See attachment)
      Other (please describe) Applies to all from above


    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: 1 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:
      For censors (a group of three) but the law does not require it for financial auditors.
      For question 30, the one year period is for financial auditors, and for censors this period is 4 years.


    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

      Law No. 297/28.06.2004 on the capital market, published in the Official Journal No. 571/29.06.2004, Part I, modified by the Law No. 208/29.06.2005, published in the Official Journal Part I, No. 578/5.07.2005, modified and completed by the Government Ordinance No. 41/2005, published in the Official Journal, Part I, No. 677/28.07.2005, approved with certain changes by the Law No. 97/2006, published in the Official Journal, Part I, No. 375/2.05.2006

    2. the Enacting body(ies)

      National Securities Exchange Commission

    3. the latest amendment date?

      July 2005


    35. How can IFAC obtain a copy of the Legal authority?
      By contacting CECCAR


    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:
      Annual and biannual reporting


    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:
      The requirements are provided for in an agreement concluded between the Stock Exchange Organisation (National Securities Exchange Commission) and the CAFR (Chamber of Financial Auditors of Romania)


    39. Who appoints the statutory auditors of listed entities?
      Please check all that apply.
      Shareholders   Management
      Board of directors   Other (please specify): Managing board having the approval of the Stock Exchange Authority
      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: 1 Year(s)


    41. Are joint auditors required for audits of listed entities?
      Yes   No
      If YES, please describe the requirement:


    42. Is rotation of the auditor or audit firm for audits of listed entities required?
      Yes   No
      If YES, please describe the requirement:



    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 The Capital Market Law and Accounting Law 07/2005; 07/2007 Chamber of Financial Auditors (and entities that have a turnover over 5 million Euros)
      Other (please describe) Unlisted entities with a turnover under 5 million Euros Accounting Law No. 82/1991 07/2007 The Body of Expert and Licensed Accountants of Romania
      Other (please describe)
      Other (please describe)

      a. How can IFAC obtain copies of these documents?

      By contacting CECCAR

      b. Are the documents available in English?
      Yes   No


    Section 5B -- Standard-Setting (Chamber of Financial Auditors (and entities that have a turnover over 5 million Euros))


    44. For Chamber of Financial Auditors (and entities that have a turnover over 5 million Euros), 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

      For the answers to questions from 44 to 54 (for the Chamber of Auditors) you should consult the answers provided by the Chamber of Financial Auditors.

      b. Name of standards



    45. How many voting members does the standard-setting body have?


    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:


    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.)?


    48. Who appoints these members (e.g., member body, government, user, regulator, etc.)?


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


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

      Please enter the exchange rate used to calculate this number.

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



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


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



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



    3. approval process for final standards (i.e., majority 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)?
      Day(s)


    Section 5B -- Standard-Setting (The Body of Expert and Licensed Accountants of Romania)


    44. For The Body of Expert and Licensed Accountants of Romania, 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

      Private body established by the profession

      b. Name of standards

      National Standards of Financial Audit and for Balance Sheet Certification

      Those standards issued by CECCAR are harmonized with the International Standards on Auditing (ISA) issued by IAASB.


    45. How many voting members does the standard-setting body have?
      52


    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:


    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.)?
      Representatives of the private and public sector, of the academia and representatives of territorial branches.


    48. Who appoints these members (e.g., member body, government, user, regulator, etc.)?
      The Superior Council.


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


    50. For how many years has the standard-setting body been in existence?
      15 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)

      3.7,000,000

      Please enter the exchange rate used to calculate this number.

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

      2,5676 RON



    52. To what entity is the standard-setting body accountable?
      The National Conference


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

      The draft is discussed at the level of all CECCAR's territorial branches and it is published on the CECCAR site intranet.

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

      Only for members.

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

      Majority of votes.

    4. other relevant due process activities

      None


    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 National Code of Ethics for Professional Accountants 05/2007 The Body of Expert and Licensed Accountants of Romania
      Professional Accountants in Business National Code of Ethics for Professional Accountants 05/2007 The Body of Expert and Licensed Accountants of Romania
      Professional Accountants in the Public Sector National Code of Ethics for Professional Accountants 05/2007 The Body of Expert and Licensed Accountants of Romania
      Other (please describe) National Code of Ethics for Professional Accountants 05/2007 The Body of Expert and Licensed Accountants of Romania

      a. How can IFAC obtain copies of these documents?

      The National Code of Ethics for Professional Accountants in English is available on CECCAR website at www.ceccar.ro

      b. Are the documents available in English?
      Yes   No


    Section 6B -- Standard-Setting (The Body of Expert and Licensed Accountants of Romania)


    56. For The Body of Expert and Licensed Accountants of Romania, 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

      Private organisation established by the profession

      b. Name of standards

      National Code of Ethics for Professional Accountants, Ethics Regulations for the Application of the Code


    57. How many voting members does the standard-setting body have?
      54


    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:


    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.)?
      Level of training (professionals with great experience or from academia), geographical location, private or public sector


    60. Who appoints these members (e.g., member body, government, user, regulator, etc.)?
      They are elected by the Superior Council


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


    62. For how many years has the standard-setting body been in existence?
      15 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)

      0.4,000,000

      Please enter the exchange rate used to calculate this number.

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

      2.5676 RON



    64. To what entity is the standard-setting body accountable?
      National Conference


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

      The draft is discussed at the level of all CECCAR's territorial branches and it is published on the CECCAR site intranet.

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

      Only for members

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

      Majority of votes

    4. other relevant due process activities



    66. Approximately how many days per year does the standard-setting body meet in full session (including teleconferences)?
      18 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:
      Primary School: 4 years
      Gymnasium: 4 years
      (Primary and Gymnasium are mandatory)
      HS 4 years
      University 4 years
      Master 2 years


    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.

      CECCAR
      University degree + access examination + practical training period (3 years) + aptitudes exam = expert accountant


    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
      Economic university degree
      Professional examinations
      Access exam
      Practical experience
      3 year training period (stage)
      Final qualifying examination
      Final 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) established by law; CECCAR


    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 Economy and Finance, Ministry of Education and Research together with CECCAR.

    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.

      The representatives attend the Examination Commissions

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

      12

    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:

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

      13 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?
      Government Decision 562/2000 regarding Education Requirements is available. Please contact CECCAR to obtain a copy. In the period of updating the Part 1 of the Compliance Questionnaire, GO No. 562/2000 is submitted to the Government in order to be modified and updated.

    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?
      They are established by law


    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): Quality control


    80. What entity grants the license?
      The professional body


    81. Describe any additional licensing requirements for auditors of listed entities (e.g., additional education requirements, registration, etc.).
      The authorization from the Stock Exchange Organization



    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 82/1991 07/2007 Ministry of Economy and Finance
      Ministry/department Law 82/1991 07/2007 Ministry of Economy and Finance
      Statutory authority/agency Law 82/1991 07/2007 Ministry of Economy and Finance
      Profit entity owned by government Law 82/1991 07/2007 Ministry of Economy and Finance
      State governments Law 82/1991 07/2007 Ministry of Economy and Finance
      Local governments Law 82/1991 07/2007 Ministry of Economy and Finance
      Other (please describe) IPSAS, issued by IFAC, translated by CECCAR 06/2005 Ministry of Economy and Finance
      Other (please describe)

      a. How can IFAC obtain copies of these documents?

      By contacting CECCAR

      b. Are the documents available in English?
      Yes   No


    Section 8B -- Standard-Setting (Ministry of Economy and Finance)


    83. For Ministry of Economy and Finance, 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

      A department in the Ministry of Economy and Finance

      b. Name of standards

      Accounting Standards for the Public Sector


    84. How many voting members does the standard-setting body have?
      -


    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:


    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.)?
      -


    87. Who appoints these members (e.g., member body, government, user, regulator, etc.)?
      The Minister of Economy and Finance


    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?
      To the Government


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

      -

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

      -

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

      -

    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 Accounting law 82/1991, Securities Law 525/2002 07/2007 Ministry of Economy and Finance
      Other (please describe) IFRS, issued by IASB, translated by CECCAR 01/2007 Ministry of Economy and Finance
      Other (please describe)
      Other (please describe)
      Other (please describe)

      a. How can IFAC obtain copies of these documents?

      By contacting CECCAR

      b. Are the documents available in English?
      Yes   No


    Section 9B -- Standard-Setting (Ministry of Economy and Finance)


    95. For Ministry of Economy and Finance, 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

      Department of the Ministry of Economy and Finance

      b. Name of standards

      Accounting regulations regarding the application of the Accounting Law


    96. How many voting members does the standard-setting body have?
      -


    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.)?
      -


    99. Who appoints these members (e.g., member body, government, user, regulator, etc.)?
      Minister of Economy and Finance


    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)

      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?
      To the Government


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

      -

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

      -

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

      -

    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:
      The National Securities Exchange Commission


    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:
      The Accounting Law and the Capital Market Law and norms and guides regarding application.


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

      It establishes its own registry of auditors.

    2. accounting and auditing standard-setting

      It develops and issues accounting standards, with the approval of the Ministry of Economy and Finance.

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

      The review is carried out on biannual financial situations.



    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
      Bucharest Stock Exchange



    Section 10B -- Stock Exchange
    Bucharest Stock Exchange Details


    110. For Bucharest Stock Exchange, 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.

      According to the Accounting Law and its application norms

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

      Penalties

    3. How enforcement actions are administered.

      -



    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:
      The National Bank of Romania


    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:
      Accounting Law and regulations issued by the National Bank


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

      Together with CAFR and Ministry of Economy and Finance

    2. accounting and auditing standard-setting

      Together with Ministry of Economy and Finance and CECCAR

    3. review of financial statements prepared by listed entities

      Biannual

    4. enforcement of accounting, reporting and auditing requirements

      Carried out by the Supervisory Body of the National Bank of Romania



    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.
      -


    116. What is the source of Legal authority of the regulatory authority(ies)?
      -


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

      -

    2. accounting and auditing standard-setting

      -

    3. review of financial statements prepared by listed entities

      -

    4. enforcement of accounting, reporting and auditing requirements

      -



    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.
      The Commission of Insurance Oversight (CSA)


    119. What is the source of Legal authority of the regulatory authority(ies)?
      The Insurance Law number 32/2000


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

      Undertaken together with CAFR

    2. accounting and auditing standard-setting

      Together with the Ministry of Economy and Finance and CECCAR

    3. review of financial statements prepared by listed listed entities

      Carried out biannually

    4. enforcement of accounting, reporting and auditing requirements

      Carried out by CSA's own structures.



    Section 10G -- Other Regulatory Authority


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


    122. What is the source of Legal authority of each regulatory authority?
      -


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

      -

    2. accounting and auditing standard-setting

      -

    3. review of financial statements prepared by listed listed entities

      -

    4. enforcement of accounting, reporting and 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.

      Quality Control Regulation issued by CECCAR
      (See attachment)



    125. Under what authority does the organization conduct the program of quality assurance review?
      The Body of Expert and Licensed Accountants of Romania (CECCAR)


    126. Who performs the review (e.g., one firm reviewing another firm, staff from the national professional organization, contractors, or a combination of these)?
      Professional staff, trained and employed by CECCAR.



    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.
      - CECCAR's Ethics Department - for investigation
      - Disciplinary Commission at territorial and headquarter level



    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?
      7


    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, for the members of the Disciplinary Commissions; Employed for the Ethics Department


    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.)?
      The best person for the job in what regards the moral, ethical, and professional standing


    133. Who appoints these members (e.g., member body, government, user, regulator, etc.)?
      The National Conference for the members of The Superior Disciplinary Commission and CECCAR's Branches General Assemblies for the Disciplinary Commissions of CECCAR's branches


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


    135. For how many years has the body been in existence?
      12 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)

      0.7,000,000

      Please enter the exchange rate used to calculate this number.

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

      2.5676 RON (specify currency)



    137. To what entity is the body accountable?
      To the National Conference


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



     

     

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    * Indicates organizations that qualify to submit SMO Action Plans biennially

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