GENERAL INFORMATION

Pursuant to the EU Audit Reform, EU member states shall organise an effective system of public oversight for statutory auditors and audit firms. This includes their approval and registration, the adoption of standards on professional ethics and internal quality control, the monitoring of the continuing education of statutory auditors as well as quality assurance and investigative and disciplinary systems.

The APAB is the competent national authority for public audit oversight in Austria.

We are an independent authority, acting free from instructions under legal supervision of the Austrian Federal Ministry of Finance.

Our main legal framework includes:

• Austrian Auditor Oversight Act (Abschlussprüfer-Aufsichtsgesetz, APAG)

• Regulation (EU) Nr. 537/2014 on specific requirements regarding statutory audit of public-interest entities

• Austrian Companies Code (Unternehmensgesetzbuch, UGB), relevant provisions on financial statements and accounting

INTERNATIONAL COOPERATION

The complexity of international group audits requires enhanced cooperation between the competent national authorities. The APAB is eager to actively contribute to improve international audit oversight standards. As a member of the “Committee of European Auditing Oversight Bodies (CEAOB)” and the “International Forum of Independent Audit Regulators (IFIAR)” we are in permanent communication with colleagues from all over the world to improve cooperation and foster economic sustainability.

The international cooperation includes our active membership in the CEAOB sub-groups Enforcement, Inspections and International Auditing Standards as well as in IFIAR’s “Investor and Other Stakeholders Working Group”.

RESPONSIBILITES

The responsibilities of the APAB are set forth in the Austrian Auditor Oversight Act (§ 4 APAG) and include:

• Quality Assurance Reviews for non-PIE statutory auditors and audit firms

• Registration of statutory auditors and audit firms

• Inspections according to Art. 26 of the Regulation (EU) Nr. 537/2014 with PIE statutory auditors and audit firms.

• Investigations with statutory auditors, audit firms or PIEs

• Imposition of sanctions in case of breaches of the Austrian Audit Oversight Act, Regulation (EU) Nr. 537/2014 or other obligations relevant to audits

• Approval of professional principles, standards for internal quality assurance and auditing standards

• Control of the continuing education of statutory auditors

• Supervision of market quality and competition in the audit market for PIEs according to Art. 27 of the Regulation (EU) Nr. 537/2014.

You are an auditor/audit entity from a third country and want to provide an audit report concerning the annual or consolidated financial statements of an undertaking incorporated outside of the European Union whose transferable securities are admitted to trading on a regulated market in Austria*?

Pursuant to Sec. 75 and 76 of the Austrian Audit Oversight Act (APAG) you are required to register with the APAB, otherwise audit reports concerning annual reports or consolidated accounts of the undertakings referred to above have no legal effect in Austria.

As a registered third country auditor, you are subject to the APAB’s system of oversight, quality assurance system and our systems of investigations and sanctions.

In order to register as a third country auditor, you are required to provide:

• Proof of identity

• Proof of nationality

• Proof of the admission as an auditor with the competent authority in the third country

• Proof that the applicant is holding a qualification that meets the requirements equivalent to an auditor admitted in Austria

• Proof of a liability insurance that meets the requirements of the Austrian Companies Code (Unternehmensgesetzbuch – UGB, see Sec. 275 para. 2)

• Annual publication of a transparency report that meets the requirements of Article 13 of Regulation (EU) Nr. 537/2014

• Signed TCA declaration (PDF)

In order to register as a third country audit entity, you are required to provide:

• Proof of the admission as audit entity with the competent authority in the third country

• Proof that the third country auditor(s) carrying out the audit on behalf of the third country audit entity is/are holding a qualification that meets the requirements equivalent to an auditor admitted in Austria

• Proof that the majority of the members of the administrative or management board of the applicant are holding a qualification that meets the requirements equivalent to an auditor admitted in Austria

• Certified copy of the applicant’s articles of incorporation and bylaws (English or German)

• Proof a liability insurance that meets the requirements of the Austrian Companies Code (Unternehmensgesetzbuch – UGB, see Sec. 275 para. 2)

• Annual publication of a transparency report that meets the requirements of Article 13 of Regulation (EU) Nr. 537/2014

• Signed TCA declaration (PDF)

* Third country auditors of the following undertakings are not required to register with the APAB:

- The undertaking has been admitted to trading on a regulated market in Austria prior to 31 December 2010 and the denomination per unit is, at the date of issue, at least EUR 50 000 or, in the case of debt securities denominated in another currency, equivalent, at the date of issue, to at least EUR 50 000;

- The undertaking is admitted to trading on a regulated market in Austria from 31 December 2010 and the denomination per unit is, at the date of issue, at least EUR 100 000 or, in case of debt securities denominated in another currency, equivalent, at the date of issue, to at least EUR 100 000.

The APAB maintains the public register of statutory auditors and audit firms in Austria. You can access the register here.

The APAB provides information about its Whistleblower-Service in English here.