PART II | REGISTRATION OF PUBLIC ACCOUNTANTS |
| Applications for registration |
3.—(1) An applicant for registration as a public accountant shall provide the Oversight Committee with —| (a) | such documentary proof of the qualifications entitling him to be registered under the Act; and | | (b) | such other information or particulars as may be required by the Oversight Committee. |
| (2) Unless otherwise required by the Oversight Committee, every application for registration as a public accountant shall be circulated to the members of the Oversight Committee or placed before a meeting of the Oversight Committee for consideration without undue delay. |
| (3) The decision of the Oversight Committee on any application shall be communicated to the applicant in writing by the Registrar. |
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| 4.—(1) Subject to paragraph (2), the fees specified in the second column of the First Schedule are payable in respect of the matters set out in the first column of that Schedule. [S 953/2022 wef 15/12/2022] | (2) In respect of the conduct of a practice review under a practice monitoring programme of a specified public accountant, the hourly charges payable in the second column of item 6(a) of the First Schedule are subject to the cap specified in the second column of the Fifth Schedule opposite the category to which the specified public accountant belongs in the first column of the Fifth Schedule. [S 953/2022 wef 15/12/2022] |
| (2A) The Registrar may for any reason waive, refund or remit, whether wholly or in part, any fee specified in the First Schedule. [S 953/2022 wef 15/12/2022] |
| (2B) Despite paragraph (2A), no fee paid is refundable in respect of the withdrawal of any application. [S 953/2022 wef 15/12/2022] |
(3) In this rule —| “listed entity” means an entity whose shares or stock are quoted or listed on a stock exchange operated by Singapore Exchange Limited; [S 953/2022 wef 15/12/2022] |
| “specified period” means the year preceding the year in respect of which the certificate of registration of the public accountant concerned was renewed; |
“specified public accountant” means a public accountant who is —| (a) | a director or an employee of an accounting corporation, where none of the directors or employees of the accounting corporation has audited any listed entity in a specified period; | | (b) | a partner or an employee of the accounting firm, where none of the partners or employees of the accounting firm has audited any listed entity in a specified period; | | (c) | a partner or an employee of the accounting LLP, where none of the partners or employees of the accounting LLP has audited any listed entity in a specified period; [S 953/2022 wef 15/12/2022] |
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| “year” means a calendar year. [S 680/2017 wef 01/12/2017] |
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| Requirements for registration |
5. A person shall be entitled, on payment of the appropriate fee specified in the First Schedule, to be registered as a public accountant if he satisfies the Oversight Committee that —| (a) | he has fulfilled the requirements for registration set out in the Second Schedule; | | (b) | he is carrying on or is about to carry on the public practice of accountancy in Singapore by placing his services as a public accountant at the disposal of the community, but not entirely at the disposal of any one individual, firm or corporation; | | (c) | he is maintaining or is about to maintain an office or place at which his services may be engaged; and | | (d) | he is available or is about to make himself available to undertake work on behalf of any member of the public. |
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| Oversight Committee to decide whether person is engaged in public practice of accountancy |
6.—(1) Any question as to whether or not a person is engaged in the public practice of accountancy shall be referred to the Oversight Committee for decision.| (2) Any person who is aggrieved by the decision of the Oversight Committee may, within 30 days of the decision, appeal to the Minister whose decision shall be final. |
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6A.—(1) Subject to paragraphs (2E) and (3), in these Rules, an audit principal, for a pupil, is any of the following persons, being neither a parent, adoptive parent, sibling, spouse nor child of the pupil, who consents to be an audit principal of the pupil:| (a) | a public accountant who satisfies —| (i) | all of the conditions set out in paragraph (2); and | | (ii) | such other conditions as the Oversight Committee may impose in any particular case; |
| | (b) | the Commissioner of Inland Revenue, or any senior officer of the Inland Revenue Authority of Singapore designated by the Commissioner of Inland Revenue and who fulfils the specified criteria; | | (c) | the Accountant-General, or any senior officer of the Accountant-General’s Department designated by the Accountant-General and who fulfils the specified criteria; | | (d) | the Auditor-General, or any senior officer of the Auditor-General’s Office designated by the Auditor-General and who fulfils the specified criteria; | | (e) | the Registrar of Public Accountants, or any senior officer of the Authority designated by the Registrar and who fulfils the specified criteria; | | (f) | the Registrar of Companies, or any senior officer of the Authority designated by the Registrar of Companies and who fulfils the specified criteria; | | (g) | the chief executive of any professional accountancy body or organisation in Singapore, or any senior officer of any professional accountancy body or organisation in Singapore designated by its chief executive and who fulfils the specified criteria. [S 51/2015 wef 01/02/2015] [S 329/2023 wef 01/07/2023] |
(2) The conditions referred to in paragraph (1)(a)(i) are as follows: | (a) | the public accountant must have at least 5 years’ experience in public practice; | | (b) | the public accountant must not be subject to any of the following orders:| (i) | an order imposed by the Oversight Committee under section 52(2)(g) of the Act prohibiting the public accountant from being an audit principal; [S 696/2020 wef 21/08/2020] [S 329/2023 wef 01/07/2023] | | (ii) | a hot review order; | | (iii) | a restriction order; | | (iv) | a suspension order. [S 51/2015 wef 01/02/2015] |
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| (2A) For the purposes of paragraph (2)(a), but subject to paragraphs (2C) and (2D), “experience in public practice” includes experience in foreign audit practice (called in these Rules foreign public practice experience). [S 696/2020 wef 21/08/2020] |
| (2B) For the purposes of paragraph (2A), “foreign public practice experience” means practical experience acquired by a foreign auditor in the course of auditing any financial statements in a foreign audit entity. [S 696/2020 wef 21/08/2020] |
(2C) Any period of foreign public practice experience only qualifies as experience in public practice if —| (a) | the country or territory in which the foreign audit entity mentioned in paragraph (2B) is licensed or registered adheres to auditing standards which the Oversight Committee considers to be equivalent to the standards applicable in Singapore; and | | (b) | the Oversight Committee is satisfied with the quality of the foreign public practice experience having regard to one or more of the following:| (i) | whether the foreign audit entity mentioned in paragraph (2B) has implemented, or has taken steps to implement, quality controls in accordance with standards which the Oversight Committee considers to be equivalent to the prescribed quality control standards applicable in Singapore; [S 329/2023 wef 01/07/2023] | | (ii) | whether the foreign audit entity or the foreign auditor mentioned in paragraph (2B) has been subject to any audit inspection carried out by or on behalf of the regulator of the audit profession in the country or territory in which the foreign audit entity or the foreign auditor is licensed or registered, and whether that regulator is satisfied with the findings or results of such audit inspection; | | (iii) | whether the Oversight Committee is of the opinion that the foreign audit entity mentioned in paragraph (2B) is of good standing in the country or territory of its licensing or registration; | | (iv) | any other factor that the Oversight Committee considers to be relevant. [S 696/2020 wef 21/08/2020] |
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| (2D) Foreign public practice experience does not include any period during which the foreign auditor’s licence or registration to audit financial statements in a country or territory outside Singapore has been withdrawn, suspended, cancelled or revoked. [S 696/2020 wef 21/08/2020] |
(2E) A public accountant must not be or must cease to be (as the case may be) an audit principal if —| (a) | the public accountant has undergone a practice review and the Oversight Committee has determined that —| (i) | the public accountant’s compliance with any of the professional standards is partially satisfactory under the Oversight Committee’s professional standards assessment framework; or | | (ii) | the public accountant’s compliance with any of the professional standards is not satisfactory under the Oversight Committee’s professional standards assessment framework; and |
| | (b) | the Oversight Committee has notified the public accountant in writing that the public accountant must not be or must cease to be an audit principal for the period specified in the notification. [S 329/2023 wef 01/07/2023] |
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(3) If any of the circumstances set out in the first column of the following table apply to an audit principal when he is directly supervising or undertaking the overall oversight of a pupil, then the audit principal only ceases to be an audit principal with effect from the date set out opposite those circumstances in the second column of the table: | | | | | | Effective date of cessation |
| | 1. | The audit principal is subject to an order referred to in paragraph (2)(b)(i), (iii) or (iv) |
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| | | | 2. | The audit principal is subject to a hot review order and does not apply to the Oversight Committee for consent under rule 6B |
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| | | The date immediately after the period of 30 days referred to in rule 6B(1) expires |
| | 3. | The audit principal is subject to a hot review order and applies to the Oversight Committee for consent under rule 6B |
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| | | The date on which the Oversight Committee informs the audit principal of its refusal under rule 6B |
| | 4. | The audit principal is notified in writing that he must not be or must cease to be an audit principal under paragraph (2E) |
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| | | The date on which the notification takes effect |
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[S 51/2015 wef 01/02/2015] [S 329/2023 wef 01/07/2023] |
| (4) Upon a public accountant ceasing to be an audit principal under paragraph (3), the public accountant must inform his pupil or pupils of this fact. |
(5) In this rule, “specified criteria” means any criteria specified by the Oversight Committee relating to any of the following:| (a) | any experience in performing any function which the Oversight Committee determines to be equivalent to any key audit function; | | (b) | any experience which the Oversight Committee determines to be equivalent to qualifying audit experience. [S 51/2015 wef 01/02/2015] |
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| Application for consent by audit principal subject to hot review order |
| 6B.—(1) For the purposes of rule 6A(3), an audit principal who becomes subject to a hot review order when he is directly supervising, or undertaking overall oversight of, any pupil must, if he wishes to continue to be an audit principal, apply to the Oversight Committee for consent to do so within 30 days after the date on which the order becomes effective. [S 51/2015 wef 01/02/2015] | (2) Where the Oversight Committee refuses a public accountant’s application under paragraph (1), it must notify the public accountant of its decision as soon as is practicable. [S 51/2015 wef 01/02/2015] |
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