Auditor independence
Auditors (WP) are subject to various professional duties, which result from the German Commercial Code (HGB) , the Auditor Regulations (WPO) and the professional charter of the Chamber of Auditors (WPK) . These duties include independence , impartiality, impartiality, secrecy, conscientiousness, personal responsibility, professional conduct and refraining from advertising that is contrary to the profession.
Under independence understands § 2 Professional Charter freedom of bonds that could affect the professional freedom of choice or compromise . Therefore it is forbidden to enter into such bonds. In doing so, the auditor must maintain his personal and economic independence from everyone in order to make his findings, both in objective and subjective terms, unaffected by irrelevant considerations and regardless of his own interests or interests of third parties.
The following are prohibited:
- Results-based remuneration,
- Submit or accept parts of the remuneration or other advantages for the placement of orders,
- To take on client risks or
- To accept pension commitments from clients.
The duty of independence applies particularly in the area of the statutory compulsory conclusion.
According to the HGB, an auditor is no longer independent if he
- Holds shares or other not insignificant interests in the company to be audited or participations in companies that are associated with the company to be audited,
- is the legal representative, member of the supervisory board or employee of the company to be audited or of an affiliated company in which the company owns more than 20% of the shares,
- participated in keeping the books or preparing the annual financial statements,
- worked for internal auditing,
- Has taken on management or financing tasks,
- has provided actuarial or valuation services (e.g. impairment test ) that have a significant impact on the annual financial statements,
- Employees who are not allowed to be auditors according to the above criteria or
- in the last five years has received more than 30% of the total income from his professional activity from the company to be audited and from companies in which the company to be audited holds more than 20% of the shares and this is also to be expected in the current financial year .
The independence of the auditor is also at risk if one of the first six clauses concerns his spouse or partner.
Similar conventions exist for accounting firms. For the last reason (total income of the auditor), the responsible auditor in auditing companies roll at least every five years so that the auditing company can continue to take care of the mandate as auditor.
There are also regulations that protect the auditor from being influenced. An auditor as a publicly appointed auditor may only be released from the audit assignment if the competent court appoints another auditor. The auditor is bound to secrecy vis-à-vis the supervisory board of an auditing company. In addition, the supervisory board of an auditing company may not influence the performance of an audit in such a way that the independence of the responsible auditor would be impaired.
literature
- Commercial Code (HGB)
- Wirtschaftsprüferordnung (WPO)
- Institut der Wirtschaftsprüfer in Deutschland eV (Ed.): WP Handbook 2006 - Accounting, Auditing and Consulting , Volume I, 13th edition, Düsseldorf, 2000, ISBN 3-8021-1211-3
Individual evidence
- ↑ a b WP-Handbuch 2000, Volume 1, Part A, Item 229
- ↑ Section 319 (3) HGB
- ↑ WP-Handbuch 2000, Volume 1, Part A, Item 233