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ABOUT KIBR

ABOUT THE CHAMBER
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LEGAL REGULATIONS
  Law on Auditors
  Statute
  Professional standards
  Ethics
  Quality Assurance
  Disciplinary action
  Qualifying conduct
  KRBR resolutions
  Financial activities
  Continuing Professional Development
  IFAC Code of Ethics

LIST OF ENTITIES ENTITLED
TO CARRY OUT THE AUDIT
OF FINANCIAL STATEMENTS

REGIONAL BRANCHES

PUBLICATIONS
 

 

english version

wersja polska
NATIONAL  CHAMBER OF  STATUTORY  AUDITORS
KRAJOWA  IZBA  BIEGŁYCH  REWIDENTÓW
Law on Auditors
 



Note:
Only the Polish version of this document is legally binding.
This translation is provided for information only.
Every effort has been made to ensure the accuracy of this publication.
However, the National Chamber of Statutory Auditors does not assume
any responsibility for any errors or omissions.


The Law of 13 October 1994
on Auditors and their Self-Governing Body
(Official Gazette no. 31 of 2001, item 359)

All the provisions introduced from the amendments date of 21 September 2000 are in bold.



Chapter 1

General provisions

Art. 1

1. The Law determines professional practice principles of Statutory Auditors and organisational structure of the auditors´ self-governing body.
2. A professional title of "Statutory Auditor" is protected by law.

Art. 2

1. Statutory auditors are entitled to carry out audits of financial statements.
2. The term "financial statements" as used in this Law refers to financial statements as defined in the Accounting Act dated 29 September 1994 (Official Gazette no. 121, item 591, 1997: no. 32, item 183, no. 43, item 272, no. 88, item 554, no. 118, item 754, no. 139, item 933 and 934, no. 140, item 939 and no. 141, item 945, 1998: no. 60, item 382, no. 106, item 668, no. 107, item 669 and no. 155, item 1014, 1999: no. 9, item 75 and no. 83, item 931 and 2000: no. 60, item 703, no. 94, item 1037 and no. 113, item 1186).

Art. 3

1. Only that person who fulfils the conditions specified in this Law may practice as Statutory Auditor.
2. Statutory Auditor is not entrepreneur as defined in the Law on Economic Activity dated 19 November 1999 (Official Gazette no.101, item 1178 and 2000: no. 86, item 958 and no. 114, item 1193).11
2. Statutory Auditor is not entrepreneur as defined in the Law on Economic Activity dated 19 November 1999 (Official Gazette no.101, item 1178 and 2000: no. 86, item 958 and no. 114, item 1193).

Chapter 2

Statutory Auditors


Art. 4

1. A person who obtained the title of "Statutory Auditor" acquires the right to practise after having taken the oath and following his entry on the register of Statutory Auditors.
2. The oath taken by a Statutory Auditor has the following wording: " I promise that as a statutory auditor I shall perform the duties assigned to me in a spirit of responsibility, in full fairness and impartiality, in accordance with the law and professional standards and be guided in my actions by professional ethics and independence. I will keep secret from third parties all facts and circumstances made known to me in the course of an audit."
3. The oath is taken in the presence of the President of the National Council of Statutory Auditors or a member of the National Council of Statutory Auditors authorised by the President.

Art. 4a

1. A Statutory Auditor is obliged to keep secret all the information made known to him in connection with rendering professional services; obligation of professional secrecy is not time-limited.
2. Informing about alleged offence and about cases prescribed by the Law does not violate the obligation of professional secrecy.
3. Professional secrecy is also obligatory for other persons to whom the secret information is made known, unless disclosing of such information is allowed be the Law.
4. Professional secrecy obligation is not violated by giving access to some audit (review) documentation and information in connection with legal proceedings being in course with the governing bodies of the National Chamber of Statutory Auditors.
5. The obligation of professional secrecy does not concern any information provided by provisions of the Law of 16 November 2000 on counteracting introducing assets values from illegal or undisclosed sources into financial turnover as well as on counteracting financing terrorism (O.J. of 2003, No. 153, item 1505 and of 2004, No. 62, item 577) - in the area prescribed by those provisions10.


Art. 5

1. Registration on the roll of Statutory Auditors may be obtained by someone who:
1) has full capacity to contract legally,

2) is of good standing and in his/her behaviour evidences the ability to practice the profession of statutory auditor,
3) has a Polish degree, or a foreign degree recognised in Poland and is fluent in the Polish language, both spoken and written,
4) has a three-year practice in Poland, including at least a two-year practice under an auditor´s supervision and this has been confirmed by the Examinations Committee, hereinafter referred to as the "Committee",
5) (taken out),

6) has passed, before the Examinations Committee, auditing exams,
7) has been granted the diploma of a Statutory Auditor.
8) Made a statement referred to in art. 7 par. 1 of the Act of 18 October 2006 on disclosing information about documents of state security bodies from 1994 to 1990 and on the content of these documents (Official Journal No. 218, item 1592 and No. 249, item 1832 and of 2007, No. 25, item 162) or the information referred to in art. 7 par. 3a of this Act14.

2. Registration on the roll of Statutory Auditors may be obtained by auditors - Polish citizens or, on the basis of mutual recognition, not Polish citizens - who are in possession of qualifications to practise as an auditor granted abroad, recognised by member countries of the European Union or of the European Free Trade Association (EFTA) - a party of the Agreement on the European Economic Area (EEA), after having passed the Polish Economic Law exam before the Examinations Committee, in the Polish language. This prescription does not violate regulations concerning employing foreigners in Poland9.

Art. 5a
(taken out)

Art. 6

1. The National Council of Statutory Auditors shall enter auditors on the register of auditors, hereinafter referred to as the "register"1.
2. An entry on the register includes in particular:
1) full name and date of birth,
2) citizenship,
3) home address,
4) number of the auditor´s diploma.

2a. The National Council of Statutory Auditors:
1) enters to the register, at the person´s request, the person who fulfils the conditions prescribed in Art. 5 and who has taken the oath,
2) grants the auditor´s ID including the following information: the ID number being at the same time the number of the auditor´s entry in the register, and the auditor´s name.

3. A Statutory Auditor is obliged to immediately notify the National Council of Statutory Auditors of any changes in the information recorded in the register within 30 days from the moment when the circumstances justifying the change have come into existence.


4. The notification, referred to in paragraph 3, shall include documents providing the justification for the amendments in the register.

Art. 7

1. The Committee is established by the National Council of Statutory Auditors, in consultation with the Minister of Public Finance for a period of four years.
2. The Committee consists of 15 members entered on the register of Statutory Auditors.
3. The Committee operates on the basis of regulations passed by the National Council of Statutory Auditors in consultation with the Minister of Public Finance.

Art. 8

1. The Committee conducts examinations at which the theoretical and practical knowledge of a candidate for Statutory Auditor is tested.

1a. At the candidate´s request, the Committee may grant the candidate exemption from some examination subjects, if the candidate has passed these subjects at the university or synonymous institution during the period of three years before the date of filing the request, with the provision of art. 25, paragraph 2, point 4b).

2. At the candidate´s request, the Committee may grant the candidate exemption from practical experience requirements referred to in Art. 5, paragraph 1, point 4, provided the candidate has completed a two-year practice under an auditor´s supervision, if:
1) the candidate has been employed by an entity entitled to carry out audits of financial statements for at least three years,
2) not being employed by an entity entitled to carry out audits of financial statements, the candidate has been employed on a management position in the accounting-financial departments for at least three years or has rights as a Treasury Inspector.


Art. 9

1. The National Council of Statutory Auditors shall delete a Statutory Auditor from the register of Statutory Auditors in the case of:
1) death,
2) resignation from the auditors self-governing body,
3) (taken out)
4) non-fulfilment of the conditions referred to in Art. 5, paragraph 1, points 1 and 2,
4a) making an untrue inspection statement, stated by a final and legally binding court´s judgement15.
5) a legally binding decision by the National Disciplinary Court on the auditor´s exclusion from the auditors self-governing body.

2. The National Council of Statutory Auditors may refuse to exclude an auditor from the register for the reason referred to in paragraph 1, point 2 if there are current disciplinary proceedings in process against the auditor.

3. A Statutory Auditor deleted from the register for the reasons referred to in paragraph 1, points 2 and 3 shall, at his request, be re-registered, unless he fails to fulfil the conditions determined in Art. 5.

Art. 10

1. In compliance with paragraph 2 only the following entities are entitled to carry out audits of financial statements:
1) Statutory Auditors acting in their own name and on their own account, conducting economic activities as described in paragraph 3,
2) civil partnerships, unlimited partnerships, partnership companies2 or limited partnerships in which Statutory Auditors have 100% ownership2,
3) legal entities that fulfil the following requirements:
a) employ Statutory Auditors to carry out audits of financial statements,
b) the majority of the Management Board members are Statutory Auditors, and if the Management Board consists of not more than 2 persons, one member is a Statutory Auditor,
c) the majority of votes in the supervisory bodies (Supervisory Boards, Audit Committees) are held by Statutory Auditors, and where there are no supervisory bodies, the majority of votes are held by shareholders or partners who are Statutory Auditors,
d) audit (review) opinions and reports are signed, on behalf of an entity entitled to carry out audits of financial statements, only by those members of the Management Board who are Statutory Auditors.

2. Financial statements of co-operatives may also be audited by co-operative audit unions which fulfil the following conditions:
1) they employ Statutory Auditors to carry out audits of financial statements,
2) the Management Board includes at least one Statutory Auditor, and audit (review) opinions and reports are signed on behalf of an entity entitled to carry out audits of financial statements only by those members of the Management Board who are Statutory Auditors.

3. The scope of activities of the entities referred to in paragraph 1, apart from carrying out audits of financial statements may, subject to Art. 11, paragraph 2, only include:

1) the provisions of bookkeeping and tax accounting services,
1a) reviews of financial statements,
2) economic and financial expertises and opinions,
3) tax consultancy,
4) consultancy on organising and computerising accounting systems,
5) conducting liquidation and bankruptcy proceedings,
6) publishing and training activities in the area of accounting.

Art. 11

1. A Statutory Auditor practises as:
1) an individual conducting economic activities in his own name and on his own account,
2) a partner in a partnership referred to in Art. 10, paragraph 1, point 2,
3) a person who is employed by entities referred to in Art. 10, paragraphs 1 and 2,
4) a person who is not employed and not conducting economic activities in his own name and on his own account, on a condition of signing a legal agreement with an entity entitled to carry out audits of financial statements, referred to in Art. 10, paragraphs 1 and 2.

2. Persons practising as auditors employed by the Statutory Auditors self-governing body and in an educational or scientific capacity, may practise as auditors in accordance with paragraph 1, point 4.


Art. 12

1. Statutory Auditors are obliged to:
1) act in compliance with the oath they have taken,
2) continuously improve their professional qualifications in accordance with the guidelines set out by the National Council of Statutory Auditors,
3) abide by the resolutions of the governing bodies of the National Chamber of Statutory Auditors,
4) regularly pay membership fees.

2. Entities entitled to carry out audits of financial statements are obliged to:
1) abide by the resolutions of the governing bodies of the National Chamber of Statutory Auditors,
2) pay the fee for the entry on the list of entities entitled to carry out audits of financial statements, not higher than equivalence of 100 EUR,
3) pay the annual fee for supervisory services, as prescribed in Art. 20, paragraph 1, point 5, not higher than 1.5 per cent of annual revenues from audits (reviews) of financial statements.

3. Entities entitled to carry out audits of financial statements are obliged to take out professional indemnity insurance in respect of civil liability.

4. The Minister of Financial Institutions, in consultation with the National Chamber of Statutory Auditors and the Polish Insurance Chamber, will determine, within an ordinance, a detailed scope of compulsory insurance, referred to in paragraph 3, date of arising the insurance obligation and the minimum guarantee amount while considering the profession´s nature and the range of activities3.


Art. 13
(taken out)

Art. 14

1. The National Council of Statutory Auditors maintains a roll of entities entitled to carry out the audit of financial statements, hereinafter referred to as the "list"4.

2. The list and its changes are published in the Polish Official Gazette - "Monitor Polski" and the publication includes the auditor´s full name and ID number, full and abbreviated name of an entity entitled to carry out audits of financial statements and its registered office.

Art. 14a

1. Entry onto the list, referred to in Art. 14, paragraph 1, can be acquired by Statutory Auditors, at their request, being on the register referred to in Art. 6.

2. Statutory Auditors entered on the list obtain an audit licence (auditors ID) stating their right to carry out audits of financial statements.

3. A Statutory Auditor may be deleted from the list:
1) at the auditor´s own request,
2) for the reasons enumerated in Art. 9, paragraph 1,
3) under a legally binding decision of the National Disciplinary Court to suspend the Statutory Auditor´s rights in professional practice,
4) as a result of taking up employment in entities other than those specified in Art. 10, paragraphs 1 and 2 with the exception of the cases specified in Art. 11, paragraph 2,
5) as a result of being engaged in activities different to those referred to in Art. 10, paragraph 3.

Art. 15

Resolutions pertaining to the entry or deletion from the register of Statutory Auditors and the list of entities entitled to carry out audits of financial statements are administrative decisions.

Art. 16

1. Entities entitled to carry out audits of financial statements are entered on the list referred to in Art. 14, paragraph 1, at their own request, after having documented fulfilling the requirements specified in Art. 10.

2. Entities who do not meet the requirements specified in Art. 10 and Art. 12, paragraph 2 are liable to exclusion from the list of entities entitled to carry out audits of financial statements.

3. The list of entities entitled to carry out audits of financial statements shall contain the following information:
1) the auditor´s full name, address and ID number,
2) full and abbreviated name and registered office of the entity,
3) the legal status of the entity,
4) names and addresses of partners or shareholders, of the members of the Management Board and of the members of supervisory bodies,
5) addresses of the entity´s agencies or branches.

4. In order to notify changes concerning entry on the list, prescriptions of Art. 6, paragraphs 3 and 4 are applied.

5. Breach of the obligation laid down in paragraph 4 above, may constitute the basis for excluding an entity from the list of entities authorised to audit financial statements.

6. Within 2 months since the calendar year end, an entity authorised to audit financial statements is obliged to provide the National Council of Statutory Auditors with a written report which shall include:
1) the name and the location of the registered offices of audited entities, basic information about auditors carrying out audits of these entities (auditor´s ID number and full name) together with dates and kinds of issued opinions,
2) a description of the entity´s non-audit activity
3) information about the professional and practical training conducted within the entity entitled to carry out audits of financial statements.

7. Deletion of the entity entitled to carry out audits of financial statements from the list referred to in Art. 14 paragraph 1, can take place:
1) at entity´s own request,
2) for reasons mentioned in Art. 9, paragraph 1 - in relation to the entity referred to in Art. 10, paragraph 1, point 1,
3) in the case of non fulfilment of any conditions prescribed in Art. 17, paragraph 1,
4) in the case of non payment of annual fees referred to in Art. 12, paragraph 2, point 2.

8. An entity entitled to carry out audits of financial statements deleted from the list for reasons referred to in paragraph 7, points 2 and 3, can be re-registered on the list after 5 years from the date of deletion and if it fulfils conditions referred to in Art. 10, paragraphs 1 and 2.

Art. 17

1. Responsibility for observing provisions of the law as well as principles of the professional ethics and standards in entities entitled to carry out audits of financial statements lies with:
1) Statutory Auditors conducting economic activities in their own name and on their own account,
2) all the partners in civil, unlimited or limited partnerships, partner companies5,
3) in legal entities - members of the Management Board who are Statutory Auditors.

2. (taken out)

Chapter 3

The professional self-government of Statutory Auditors


Art. 18

1. Statutory Auditors establish an auditors´ self-government body, further under the name of the "National Chamber of Statutory Auditors."

2. The National Chamber of Statutory Auditors is independent in performing its duties and acts in compliance with the provisions of the law and its statute.

3. Membership of the National Chamber of Statutory Auditors is compulsory and becomes effective after entering on the register of Statutory Auditors.

Art. 18a

1. Statutory Auditors have the voting rights to elect and be elected to governing bodies of the self-government prescribed in this Law:
1) active voting rights, with the exception of Statutory Auditors suspended in their professional activities,
2) passive voting rights, with the exception of Statutory Auditors penalised with the sanction referred to in Art. 31, paragraph 2, points 2 and 3.

Art. 19

1. The National Chamber of Statutory Auditors is a legal entity; the registered office of the National Chamber of Statutory Auditors is the capital city of Warsaw.

2. The National Chamber of Statutory Auditors has the right to use the registered stamp.

Art. 20

1. The duties of the National Chamber of Statutory Auditors include:
1) representing the members of the Chamber and protecting their professional interests,
2) setting professional standards for auditors in consultation with the Minister of Public Finance and the Financial Supervisory Commission13,
3) setting principles of professional ethics for auditors,
4) prescribing the theoretical and practical requirements to be met by candidates for Statutory Auditors and granting of the title of Statutory Auditor,
5) supervisions of proper professional conduct and observing professional ethics by members of the National Chamber of Statutory Auditors, and of the observation of the Law´s prescriptions and other regulations concerning the self-governing body of auditors and regulations concerning the entities´ activity by entities entitled to carry out audits of financial statements,
6) continuous professional development of the members of the National Chamber of Statutory Auditors,
7) imposing disciplinary penalties on members of the National Chamber of Statutory Auditors for breaches of Law, and professional standards as well as professional ethics.

2. The National Chamber of Statutory Auditors prepares training materials for candidates for statutory auditors and may conduct publishing and training activities.

Art. 21

1. The constituent bodies of the National Chamber of Statutory Auditors are:
1) National Assembly of Statutory Auditors
2) National Council of Statutory Auditors
3) National Internal Audit Committee
4) National Disciplinary Court
5) National Disciplinary Spokesman
6) National Supervisory Committee

2. The bodies referred to in paragraph 1, points 2-6, hold office for four years.
3. The first term of office of the National Supervisory Committee lasts 5 years 12.

Art. 22

1. The National Assembly of Statutory Auditors is held every four years.
2. The National Assembly of Statutory Auditors is called by the National Council of Statutory Auditors.
3. The National Council of Statutory Auditors may call, at its own request, an Extraordinary National Assembly of Statutory Auditors before the date referred to in paragraph 1.
4. The National Council of Statutory Auditors is obliged to call an Extraordinary National Assembly of Statutory Auditors at request of:
1) at least 1/10th of the total number of Statutory Auditors,
2) the National Internal Audit Committee in case of gross violation of financial or statutory regulations of the National Chamber of Statutory Auditors.

5. The National Assembly of Statutory Auditors consists of delegates from the regional branches of the Chamber, elected during general meetings, in a proportion to overall number of Statutory Auditors from the register, in accordance with the principles settled by the National Council of Statutory Auditors. Overall number of delegates cannot be smaller than 300 statutory auditors.

6. Mandates of delegates elected to the National Assembly of Statutory Auditors are valid for four years.

7. Members of the constituent bodies of the National Chamber of Statutory Auditors not being delegates take part in the sessions of the National Assembly of Statutory Auditors.

Art. 23

1. Delegates to the National Assembly of Statutory Auditors elect bodies of the National Chamber of Statutory Auditors.

2. Elections are conducted by a direct and secret vote from among an unlimited number of candidates.

3. Each Statutory Auditor from the register of Statutory Auditors may be a candidate for elections to the bodies of the National Chamber of Statutory Auditors, except as provided for in Art. 31, paragraph 3.

4. The functions of the bodies described in Art. 21, paragraph 1, points 2-6 may not be combined.

Art. 24

1. The National Assembly of Statutory Auditors:
1) elects the President of the National Council of Statutory Auditors,
2) elects the National Disciplinary Spokesman and his deputies,
3) elects other members of the National Council of Statutory Auditors,
4) elects the National Internal Audit Committee, the National Disciplinary Court and the National Supervisory Committee,
5) approves the statute of the National Chamber of Statutory Auditors,
6) approves the activity programme and financial regulations of the National Chamber of Statutory Auditors,
7) approves the principles of professional ethics for Statutory Auditors,
8) sets the principles of continuous professional development of Statutory Auditors6,
9) reviews and approves the reports of those bodies of the National Chamber of Statutory Auditors referred to in Art. 21, paragraph 1, points 2-6 and formally grants the approval of the activities of each body for the period under review,
10) sets the principles of setting the membership fees for Statutory Auditors6,
11) sets the principles of setting the payments for entry onto the list and annual fees for supervision as referred to in Art. 20, paragraph 1, point 56.

2. Persons referred to in paragraph 1, points 1-4, may be dismissed before the end of their term of office by the body which has elected them.

3. The Chairman of the National Assembly of Statutory Auditors submits the Assembly´s resolutions to the Ministry of Public Finance within 30 days of the Assembly´s closure.

Art. 25

1. The National Council of Statutory Auditors manages the activities of the self-governing body in periods between the National Assemblies of Statutory Auditors.

2. The duties of the National Council of Statutory Auditors include:
1) implementing resolutions of the National Assembly of Statutory Auditors,
2) representing the National Chamber of Statutory Auditors before state and local bodies, academic institutions, economic and social organisations as well as international professional organisations,
3) setting professional standards for Statutory Auditors in accordance with Art. 20 paragraph 1, point 2,
4) setting, after having consulted the Examinations Committee:
a) qualification requirements and programmes and rules of conducting professional exams for statutory auditors, including setting examination fees,
b) the conditions of recognising university or synonymous exams in the subjects included in the process of qualifying as a Statutory Auditor,
5) taking resolutions concerning entries onto the register and the list,
6) granting of the diplomas and certificates (IDs) to Statutory Auditors,
7) setting, after obtaining agreements of the Examinations Committee, programmes and rules of professional practical trainings and training contracts to be completed by candidates for Statutory Auditors,
8) setting disciplinary regulations in relation to Statutory Auditors,
9) passing resolutions on excluding from the register and the list,
10) issuing opinions on legislative acts in the area of economic law,
11) reviewing and approving annual financial plans and reports on their implementation,
12) reviewing appeals against resolutions of the National Council of Statutory Auditors,
13) setting membership fees for Statutory Auditors, payments concerning entry on the list and supervision fees referred to in Art. 20, paragraph 1, point 5,
14) carrying out publishing and training activities,
15) passing other resolutions which the National Council deem to be appropriate for the successful activity of the National Chamber of Statutory Auditors.

3. The National Council of Statutory Auditors renders the annual report on its activities, including financial statement to the Minister of Public Finance.

Art. 26

1. The National Council of Statutory Auditors consists of 11 to 15 members.

2. The National Council of Statutory Auditors shall elect from among its members, in the way of secret voting, the President Deputies, the Secretary General and the Treasurer.

3. The resolutions of the National Council of Statutory Auditors, which are administrative decisions, are passed by the absolute majority of votes in the presence of at least half number of members of the National Council of Statutory Auditors.

4. The President of the National Council of Statutory Auditors:
1) represents the National Council of Statutory Auditors before state and local bodies, academic institutions, economic and social organisations as well as international professional organisations,
2) manages the activities of the National Council of Statutory Auditors,
3) signs the resolutions of the National Council of Statutory Auditors,
4) signs decisions and resolutions of the National Council of Statutory Auditors on instituting administrative proceedings,
5) runs other activities prescribed in the statute, related to performing duties by the National Chamber of Statutory Auditors.

Art. 27

1. The National Internal Audit Committee consists of 5 members. The National Internal Audit Committee elects from among its members the Chairman and the Deputy Chairman.

2. The National Internal Audit Committee:
1) controls financial activities of the National Chamber of Statutory Auditors and the execution of resolutions passed during the National Assembly of Statutory Auditors, and presents also its conclusions on this subject to:
a) the National Council of Statutory Auditors - immediately after having exercised the control,
b) the National Assembly of Statutory Auditors - in the report on its activities,
2) supervises activities of internal audit committees of the regional branches,
3) presents reports on its activities to the National Assembly of Statutory Auditors,
4) provides the National Assembly of Statutory Auditors with a proposal to grant statutory approval of the activities of the National Council of Statutory Auditors.

Art. 28

1. The National Disciplinary Court consists of 15 members. The Court elects from among its members the Chairman and the Chairman Deputies.

2. The National Disciplinary Court adjudicates on disciplinary responsibility of Statutory Auditors.

3. The National Disciplinary Court adjudicates with three members in the first instance and with five members in the second instance.

4. A member of the court who took part in pronouncing a prosecuting judgment is not allowed to adjudicate in the court of second instance.

5. The Chairman of the National Disciplinary Court appoints the members of the adjudicating instance.

Art. 28a.

1. The National Supervisory Committee consists of 5 members.
2. The duties of the National Supervisory Committee include organising, supervising and controlling whether:
1) auditors comply with an appropriate performance of the audit profession,
2) entities referred to in Art. 10, paragraphs 1 and 2 comply with procedures of carrying out audits (reviews) of financial statements.
3. The control, referred to in paragraph 2, point 2 is exercised at least once for three years.
4. In case of breach of the law, the National Supervisory Committee tables a motion to:
1) the National Disciplinary Spokesman - for instituting disciplinary proceedings against statutory auditors,
2) the National Council of Statutory Auditors - for excluding from the list.

Art. 29

Where in relation to the National Chamber of Statutory Auditors the law does not regulate the conditions of appointment; authority; organisational structure including the functioning of the regional branches of the National Chamber of Statutory Auditors; mode of operation; means of financing and method of expressing the will on behalf of the National Chamber of Statutory Auditors, such shall be determined by the statute of the National Chamber of Statutory Auditors as approved by the Minister of Public Finance.

Art. 30

1. The Minister of Public Finance is responsible for the supervision over the National Chamber of Statutory Auditors.

2. Within the scope of his supervision over the National Chamber of Statutory Auditors, the Minister of Public Finance may in particular:
1) lodge an appeal to the Regional Court in Warsaw against resolutions of the bodies of the National Chamber of Statutory Auditors which violate the law or its statute, within 30 days from the date when the resolution has been submitted,
2) apply for particular matters to be examined by the body of the National Chamber of Statutory Auditors; a resolution pertaining to such cases should be adopted within a month.

3. Should the Minister of Public Finance appeal against resolutions adopted by the bodies of the National Chamber of Statutory Auditors, which violates the law or the statute of the National Chamber of Statutory Auditors, the implementation of these resolutions shall be suspended.

4. The bodies of the National Chamber of Statutory Auditors are obliged to submit adopted resolutions to the Minister of Public Finance within 30 days from the date of their approval.

Chapter 4

Disciplinary Responsibility

Art. 31

1. Statutory Auditors shall bear disciplinary responsibility for violating the principles of professional practice or professional ethics for Statutory Auditors.

2. Disciplinary penalties shall include:
1) admonition,
2) reprimand,
3) suspension from practising as an auditor for a period of one year to three years,
4) removal from the Statutory Auditors self-governing body.

3. A reprimanded or suspended Statutory Auditor loses his right to be elected to the bodies of the National Chamber of Statutory Auditors until these penalties are extinguished.

4. Admonitions and reprimands are subject to extinguishment one year from the effective date of the judgment of the National Disciplinary Court.

5. Suspensions from practising as an auditor are subject to extinguishment after 3 years from the date when the suspension period is expired.

6. Removal from the register of Statutory Auditors is subject to extinguishment after 5 years from the date of removal. Entry on the register may be obtained after having fulfilled the conditions determined in Art. 5.

7. Expenses incurred for disciplinary proceedings shall be borne by persons subjected to legally binding penalties.

8. A Statutory Auditor against whom the disciplinary proceedings are in course, has the right to call a defender in the process of disciplinary proceedings.

Art. 32

1. There are following parties in disciplinary proceedings: prosecutor, defendant and injured.

2. The prosecutor in disciplinary proceedings shall be the National Disciplinary Spokesman or his deputies.

3. The defendant is a Statutory Auditor, against whom the disciplinary proceedings are in course.

4. The injured is a person whose legal assets have been directly violated by the actions of a Statutory Auditor against the rules referred to in Art. 31, paragraph 1.

5. Disciplinary proceedings shall be instituted independently of criminal proceedings for the same act. They may however, be suspended until criminal proceedings pertaining to the same matters are completed.

6. In case of defendant´s death before completing disciplinary proceedings, the proceedings shall continue if a formal request is made - within 2 months from the date of defendant´s death - by the defendant´s spouse, direct relative or brother or sister.

7. It is not allowed to institute disciplinary proceedings if a year has passed since an offence has been disclosed or 3 years since an offence has been committed.

Art. 32a

1. Disciplinary proceedings shall include:
1) disciplinary investigation,
2) proceedings before the National Disciplinary Court,
3) executive proceedings.

2. Instituting disciplinary investigations by the National Disciplinary Spokesman can be proceeded by explanatory proceedings in relation to the circumstances resulting in disciplinary responsibility.

3. The National Disciplinary Spokesman can also institute explanatory proceedings at the request of the National Council of Statutory Auditors, of the National Supervisory Committee, of the Minister of Justice or of the Minister of Public Finance.

4. When the National Disciplinary Spokesperson gathers, in the course of disciplinary investigations, evidence that a Statutory Auditor has committed an act which bears disciplinary penalties, the National Disciplinary Spokesman shall prepare, within 14 days from the closure date of disciplinary proceedings, the prosecution act and shall submit it immediately to the National Disciplinary Court.

5. Having received the prosecution act, the Chairman of the National Disciplinary Court shall set a trial date and inform the prosecutor, parties and their representatives.

Art. 32b

1. Justification of the National Disciplinary Court´s pronouncements shall be prepared as a formal letter within 14 days from the date of announcing the pronouncement.

2. The pronouncement, together with justification, shall be submitted to the defendant and to the National Disciplinary Spokesman, and in the case referred to in Art. 32a, paragraph 3, also to the National Council of Statutory Auditors, to the National Supervisory Committee, to the Minister of Justice or to the Minister of Public Finance.

Art. 33

1. An appeal against the verdict of the National Disciplinary Court of first instance to the National Disciplinary Court of second instance is, within a period of 14 days from the date when a verdict and its justification has been delivered, allowed for the defendant and the National Disciplinary Spokesman and, in the case referred to in Art. 32a, paragraph 3, also for the National Council of Statutory Auditors, the National Supervisory Committee, the Minister of Justice or the Minister of Public Finance.

2. An appeal against a verdict of the National Disciplinary Court of second instance to the Court of Appeal (labour and social insurance court) appropriate with a defendant´s place of living, is allowed for the parties within a period of 14 days from the date when a verdict and its justification has been delivered7.

2a. In recognition of an appeal, regulations on appeals of the Code of civil proceedings are applied. A cassation of the verdict of the Court of Appeal is not allowed8.

3. In cases not regulated by the Law, the regulations of the Code of criminal proceedings shall be applied in disciplinary proceedings.


Chapter 5

Temporary and final provisions

Art. 34

1. Statutory Auditors registered on the list of Statutory Auditors before the effective date of this Law shall be regarded as Statutory Auditors pursuant to the provisions of the Law herein and shall be included in the register referred to in Art. 6, paragraph 1.

2. Until 31 December 1998, Statutory Auditors may, at their request, be entered on the list referred to in Art. 14, point 1, despite being employed by entities other than entities referred to in Art. 10, paragraphs 1 and 2, provided they carry out audits of financial statements on the basis of a civil agreement concluded with an entity authorised to carry out audits.

3. Entities entered on the list referred to in Art. 19, paragraph 2, point 2 of the Law dated 19 October 1991 on the audit and publication of financial statements and on Statutory Auditors and their self-governing body (Official Gazette no. 111, item 480, 1992: no. 21, item 85 and 1994: no. 4, item 17) and Statutory Auditors conducting economic activities in their own name and on their own account shall become entities in the meaning of the provisions of Art. 10, paragraph 1 of this Law, provided that they ensure that their activities comply with the terms and conditions specified in this Law.

4. Penalties imposed on Statutory Auditors, in accordance with the Law referred to in paragraph 3 shall remain in force until they are expired.

5. The current bodies of the National Chamber of Statutory Auditors shall continue their activities until the end of their term of office unless it is abbreviated pursuant to a resolution passed by the Extraordinary National Assembly of Statutory Auditors, called upon in accordance with the provisions of this Law.

6. Pursuant to the Law, the National Chamber of Statutory Auditors shall acquire the rights and duties of the existing National Chamber of Statutory Auditors, including the rights and duties resulting from administrative decisions.

Art. 35

1. The Law of 19 October 1991 on the audit and publication of financial statements and auditors and their self-governing body, provided paragraph 2, (Official Gazette no. 111, item 480, 1992: no. 21, item 85 and 1994: no. 4, item 17) shall hereby cease to be effective.

2. The regulations referred to in paragraph 1 shall remain effective and shall be applicable for the audit and publication of financial statements drawn for financial years beginning in 1994.

Art. 36

The Law shall become effective on 1 January 1995.

The amended Law on Auditors and their Self-Governing Body came into force after 14 days from the announcement date, i.e. 8 November 2000, except for Art. 3, paragraph 2 and Art. 11 which became effective on 1 January 2001.





1 Statutory Auditors not being Polish citizens, hitherto entered into the list of Statutory Auditors performing the audit profession, are additionally entered on the register under the Law.

2 partnership companies - established by amendments in Art. 602, point 1 of the Commercial Companies Code

3 Amended by the Law of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Communication Insurers Office

4 It is constituted by the previous list of entities entitled to carry out audits of financial statements.

5 the change introduced by Art. 602, point 2 of the Commercial Companies Code

6 The National Council of Statutory Auditors is authorised to pass resolutions referred in these points until calling the next National Assembly of Statutory Auditors.

7 Amended by the Law of 23 November 2002 on the Supreme Court.

8 Amended by the Law of 23 November 2002 on the Supreme Court.

9 Amended by the Law of 20 April 2004 on changing and repealing some acts due to obtaining the UE membership by Poland.

10 Amended by the Law of 5 March 2004 on modifying the Law on counteracting introducing assets values from illegal or undisclosed sources into financial turnover as well as on counteracting financing terrorism and on modifying some acts.

11 Repealed by the Law of 2 July 2004 - Regulations introducing the Law on Free Economic Activity.

12 Amended by the Law of 27 August 2004 on amendments to the Law on Accounting and amendments to the Law on Auditors and their self-governing body.

13 Amended by the Law of 21 July 2006 on the supervision over the financial market.

14 Amended by the Law of 14 February 2007 on amendments to the Act on disclosing information about documents of state security bodies from 1994 to 1990 and on the content of these documents and the Act on the Institute of National Remembrance - Commission of the Prosecution of Crimes against the Polish Nation

15 Amended by the Law of 14 February 2007 on amendments to the Act on disclosing information about documents of state security bodies from 1994 to 1990 and on the content of these documents and the Act on the Institute of National Remembrance - Commission of the Prosecution of Crimes against the Polish Nation