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Chapter Law Content

Title: Certified Public Accountant Act CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter 1 General Principles
Article 1
(Legislative Intent)
This Act is enacted to establish a professional system for certified public accountants (CPAs) and safeguard the quality of the profession, so as to ensure that CPAs play their proper professional role in the economic sphere.
Article 2
(Mission of CPAs)
The mission of CPAs is to improve the quality of their practice, improve their professional skills, and promote economic development.
Article 3
(Competent Authority)
The competent authority under this Act is the Financial Supervisory Commission.
Article 4
(Attestation)
The term "attest" or "attestation" as used in this Act means a CPA, acting pursuant to laws or regulations of the competent authority with the relevant jurisdiction, carrying out an audit, review, secondary review, or special audit, preparing an opinion based thereon, and affixing his or her signature or seal to the opinion.
Article 5
(Qualifications of CPAs)
A citizen of the Republic of China (ROC) who has passed the CPA examination, holds a CPA certificate, and possesses the qualifications of a CPA may practice as a CPA.
A person who has duly acquired a CPA certificate prior to the enforcement of this Act may continue to practice as a CPA.
Article 6
(Disqualifications of CPAs)
A person to whom any of the following circumstances applies may not practice as a CPA:
1. Has previously received a final and unappealable sentence to a punishment of not less than one year of imprisonment for fraud, breach of trust, embezzlement, forgery of documents, or occupational crime. Notwithstanding the foregoing, this provision does not apply if three years have already passed since service of the term was completed or pardon was received after partial service of the prison term, or if the sentence is pronounced suspended.
2. Has been declared by a court to be under guardianship or assistance and that declaration has not been voided.
3. Has been declared bankrupt and his or her rights have not yet been reinstated.
4. Has been discharged from public service as a result of a disciplinary sanction and five years have not yet passed since the date when the disciplinary sanction became final and unappealable.
5. Has been dismissed from public service as a result of disciplinary sanction and the period during which he or she is barred from reappointment has not yet expired.
6. Has been sanctioned by being expelled from practice as provided for in this Act.
If any of the above circumstances applies to a person already practicing as a CPA, his or her CPA certificate will be voided or revoked. Notwithstanding the foregoing, however, if the CPA certificate has been voided or revoked as a result of any of the circumstances under subparagraphs 1 through 5 of the preceding paragraph he or she may still apply for a CPA certificate under this Act once the cause ceases to exist.
Article 7
(Application for CPA Certificate)
A person who wishes to apply for a CPA certificate shall submit an application and documentary proof of qualifications in applying to the competent authority for issuance thereof.
Article 8
(Establishment or Joining of CPA Firm)
The holder of a CPA certificate may practice nationwide as a CPA only after he or she has established or joined a CPA firm, applied to the competent authority for practice registration, and joined, as a practicing member, at least the provincial or municipal certified public accountants association ("CPA association") where the head office (or branch) of his or her CPA firm is located; the CPA association may not refuse membership to such a person.
Provincial and municipal CPA associations shall forward the membership information of their members to the National Federation of CPA Associations of the R.O.C. (NFCPAA) for registration and recordation.
Article 9
(Responsibility of CPAs)
A practicing CPA at a CPA firm may not serve simultaneously as a co-located practitioner, partner, shareholder, or employee of another CPA firm.
Article 10
(Collecting Remuneration)
A CPA engaged to handle a case may collect reasonable remuneration, at a rate agreed upon with the client.
When deciding on the amount or rate of remuneration, a CPA shall give overall consideration to manpower and time requirements as well as the degree of risk involved in a given case, and may not use improper means to solicit business.
Rules governing the matters to be taken into overall consideration and the improper means referred to in the preceding paragraph shall be drafted by each CPA association and filed with the competent authority for review and approval. The same applies in the event of an amendment.
Article 11
(Performing Professional Services in Accordance with Laws and Regulations)
A CPA shall perform professional services in accordance with the laws and regulations of each competent authority with the relevant jurisdiction.
A CPA engaged to provide auditing and attestation of a financial report shall do so in accordance with the regulations for auditing and attestation prescribed by the competent authority, except as otherwise provided for by law.
The regulations for auditing and attestation referred to in the preceding paragraph shall specify matters related to the audit procedures to be carried out by the CPA, the audit working papers, the audit report, and other matters to be observed.