Companies (Auditing and Accounting) Act 2003

Amendment of section 198 of Act of 1990 (register of auditors).

38.—The following is substituted for section 198 of the Act of 1990:

“Register of auditors.

198.—(1) The registrar of companies shall maintain a register containing the names of persons or firms that have been notified to him as qualified for appointment as auditor of a company or as public auditor.

(2) A person shall not—

(a) act as an auditor of a company or as a public auditor,

(b) describe himself as an auditor of a company or as a public auditor, or

(c) so hold himself out as to indicate, or be reasonably understood to indicate, that he is, or is registered as, an auditor of a company or a public auditor,

unless—

(i) his name is entered, or is deemed under subsection (3) to be entered, in the register of auditors and he holds a valid practising certificate, or

(ii) he is a member of a firm that holds a valid practising certificate under section 187(1B) and he is deemed under that section to hold a practising certificate.

(3) In the following circumstances, the name of a person is deemed to be entered in the register of auditors:

(a) if the person becomes qualified for appointment as an auditor or is granted an authorisation by the Supervisory Authority under section 187(1) and if the time allowed under section 200(1), (2) or (3) for forwarding that person's particulars to the registrar of companies has not yet expired;

(b) if the person is entitled to have his name entered in the register of auditors and his particulars have been forwarded to the registrar of companies in accordance with section 200(1), (2) or (3) but his name has not yet been entered in that register.

(4) This section does not apply to the Comptroller and Auditor-General.

(5) A person who contravenes subsection (2) is guilty of an offence and is liable—

(a) on summary conviction, to a fine not exceeding €2,000 and, for continued contravention, a daily default fine not exceeding €60, and

(b) on conviction on indictment, to a fine not exceeding €12,500 and, for continued contravention, a daily default fine not exceeding €300.

(6) In this section and sections 199 and 200, ‘address’ in relation to a person means—

(a) the person's usual business address, and

(b) if the person is a partner or employee of a firm, the name of the firm and the address of its head office.”.