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Administrative Regulations of
Shenzhen Special Economic Zone on Certified Public Accountants
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(Originally
Adopted at the 28th Meeting of first session of the
Standing Committee of Shenzhen Municipal People' s Congress on
February 24th, 1995, as revised in Accordance with
the Decision on Revision of Administrative Regulations of
Shenzhen Special Economic Zone on Certified Public Accountants
of the Fifteenth Meeting of the third session of the Standing
Committee of Shenzhen Municipal People'
s Congress on April
26th, 2002.) |
Chapter I
General Provisions
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Article
1 In
order to standardize the act of the certified public
accountants, to strengthen the administration
of the trade of
the certified public accountants, to protect the social public
benefits and the
lawful rights and interests of the investors,
and to promote the healthy development of the socialist market
economy, taking into account the specific conditions of Shenzhen
Special Economic Zone (hereinafter
referred to as "Special
Zone" ),
these regulations are hereby formulated in accordance with Law
on Certified Public Accountants
of the People' s
Republic of China, and basic principle of related national laws
and regulations.
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Article
2 These
regulations shall be applicable to any independent audit and
related operations in the Special
Zone.
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In
these regulations, Independent Audit means any audit undertaken
by certified public accountants
stipulated by laws and
regulations.
Article 3 Shenzhen Municipal People' s
Government Finance Department (hereinafter referred to as "Municipal
Finance Department" )
is the administrative department in charge of trade of certified
public accountants, in accordance
with laws and regulations, and
shall exercise the supervision, administration and direction
over
the certified public accountants, certified public
accountants firms and Shenzhen Municipal Certified Public
Accountants Association (hereinafter referred to as "Municipal
Certified Public Accountants Association" ).
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The
Municipal Certified Public Accountants Association is the
Self-Discipline Organization in charge
of trade of certified
public accountants.
Article 4 Shenzhen Municipal People' s
Government Auditing Department (hereinafter referred to as "Auditing
Department" )
shall exercise the supervision over the Audit Reports of
State-Owned Corporations issued by certified
public accountants
in accordance with laws and regulations.
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The
Municipal Auditing Department shall have the authority to
supervise of income and expenses audit
of certified public
accountants firms whose asset mainly owned by the state.
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Article
5 Certified
public accountants and certified public accountants firm shall
abide by laws and regulations,
strictly conform to the
practicing rules and professional ethics code to execute the
operation,
they shall comply with principles of independence,
impersonality and justification.
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The
certified public accountants and the certified public
accountants firm shall implement the operations
according to
law, and shall be protected by law.
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Chapter II
Certified Public Accountants
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Article
6 The
certified public accountant is a professional who has obtained
the Chinese certificate to practice
of the certified public
accountant, and is authorized to undertake independent audit and
related
operations.
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Anyone
without certified public accountant certificate shall be
prohibited to undertake related
activities using the title or in
the name of certified public accountant.
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Article
7 Certified
public accountants shall join a certified public accountants
firm to implement the operation.
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Article
8 The
following auditing operations shall be undertaken by the
certified public accountants:
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(1)
To examine accounting report of an enterprise, and issue the
auditing report;
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(2)
To verify the capital of the enterprise, and issue the capital
verification report;
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(3)
To act on behalf of enterprises to declare taxation, and issue
the taxation report forms;
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(4)
To conduct the auditing operation on the reorganization,
amalgamation, separation, rectification,
dissolution and
bankrupt liquidation events of an enterprise, and issue relevant
report;
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(5)
Other auditing operation stipulated by laws and regulations.
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The
above reports issued by the certified public accountants in
accordance with laws and regulations
shall have the legal
evidential effect.
Article 9 Certified public accountants may undertake the
following auditing operations:
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(1)
To design accountant system of an enterprise, act as accounting
consultant, and train accountants.
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(2)
To undertake the operation as enterprises registration agent;
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(3)
To conduct assets evaluation;
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(4)
To provide finance, accountant, taxation, investment service and
other consultation and service.
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Article
10
Anyone who has attended and passed the national uniform
qualification examination of the certified
public accountants,
and has practiced the auditing operation in a certified public
accountants
firm for more than two years may apply to the
Municipal Certified Public Accountants Association for
registration as Chinese certified public accountant.
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Article
11
To apply for the registration of certified public accountants,
the applicant shall submit the following
documents to the
Municipal Certified Public Accountants Association:
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(1)
Personal application report;
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(2)
Certification of all-subjects qualified of examination for
certified public accountants;
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(3)
Certification issued by the certified public accountants firm in
which the applicant practiced
for more than two years;
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(4)
Employment contract or employment remove certification of the
certified public accountants firm
in which the applicant
practiced;
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(5)
Recommendation letter of two certified public accountants;
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(6)
List of auditing items in which the applicant participated.
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Article
12
The Municipal Certified Public Accountants Association shall
make a decision on approval or disapproval
within sixty days
upon accepting the application. To the applicant approved, the
association shall
grant the certified public accountants
certificate of the People' s
Republic of China which printed uniformly by the state; To the
applicant disapproved, the association
shall inform the
applicant in writing within 10 days after the decision. In case
the applicant
objects to the decision, he may apply for
reconsideration to the Municipal Finance Department within 15
days after receiving the notice of disapproval.
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Article
13 The
applicant shall not be registered or shall be revoked of
registration by the Municipal Certified
Public Accountants
Association in case he falls into any one of the following
circumstances:
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(1)
Without civil capacity of conduct or with limited civil capacity
of conduct;
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(2)
Punished for a crime of fixed-term imprisonment or above, it is
less than five years from the
date of completing the criminal
punishment, except negligent crime;
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(3)
Subjected to administrative punishment and disciplinary sanction
above dismissal from post due
to illegal economic acts, and it
is less than three years from the date of the decision for such
punishment of sanction;
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(4)
Revoked of the certificate of the certified public accountant,
and it is less than five years
from the date of the decision on
revocation;
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(5)
Lost the capacity of debt redemption;
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(6)
Having violated rules on registration by providing false
materials, and
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(7)
Other circumstances that the applicant shall not be registered
or shall be revoked of registration
stipulated by laws and
regulations.
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In
case the person revoked of registration object to the decision,
he may apply for reconsideration
to the Municipal Finance
Department within 15 days after receiving the notice of
revocation.
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The
person revoked of registration may again file an application,
but the application shall be in
accordance with related
provisions of these regulations.
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Article
14 The
certified public accountants shall accept annual examination
implemented by the Municipal Certified
Accountants Association,
and only those who are up to standard can carry over their
operations.
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Chapter III
Certified Public Accountants Firm
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Article
15 The
certified public accountants firm is the professional service
institution established in accordance
with law to undertake the
operations of the certified public accountants.
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The
forms of certified public accountants firms may be in
partnership, in individual, and with legal
person status.
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The
establishment of certified public accountants firm is initiated
by certified public accountants.
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Party
and government organizations, enterprises and institutions,
social organization and other
organizations shall be prohibited
to establish certified public accountants firms.
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Article
16 The
partners of partnership certified public accountants firm shall
bear unlimited joint and several
liabilities for debts of the
firm.
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The
certified public accountant of an individual certified public
accountant firm shall bear unlimited
joint and several
liabilities for debts of the firm.
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Those
certified public accountants firms with juristic personality
shall bear liabilities for debts
of the firms by all of its
assets. But those certified public accountants firms have
juristic personality
shall be limited to reorganization of
certified public accountants firms owned by the whole people
which established before these regulations come into force.
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Article
17 The
establishment of partnership certified public accountants firm
shall meet the following requirements:
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(1)
There are more than five full-time practicing personnel who have
Chinese certificate of certified
public accountants;
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(2)
The registered capital shall be no less than 500,000 yuan;
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(3)
Have permanent practicing place and essential equipments.
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Article
18 Initiator
of partnership certified public accountants shall meet the
following requirements:
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(1)
Having Chinese certificate of certified public accountants;
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(2)
Having practiced auditing operations in the trade of certified
public accountant for more than
five years, and having no
records of undesirable operations.
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Article
19 To
establish partnership certified public accountants firm, the
initiator partners shall apply to
the Municipal Certified Public
Accountants Association, and submit the certification materials
stipulated in Article 17 and Article 18 of these regulations.
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Article
20
To establish individual certified public accountants firm shall
meet the following requirements:
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(1)
The applicant shall have Chinese certificate of certified public
accountants;
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(2)
The applicant shall have practiced auditing operations in the
trade of certified public accountant
for more than five years,
and shall have no records of undesirable operations;
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(3)
The registered capital shall be no less than 500,000 yuan;
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(4)
Have permanent practicing place in Shenzhen and essential
equipments;
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(5)
There are more than two full-time practicing personnel who have
Chinese certificate of certified
public accountants.
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Certified
public accountant to establish individual certified public
accountants firm, he shall
apply to the Municipal Certified
Public Accountants Association and submit certification
materials
stipulated in the first paragraph of this Article.
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Article
21
To establish a certified public accountants firm with juristic
personality shall meet the following
requirements:
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(1)
There are more than ten full-time practicing personnel who have
Chinese certificate of certified
public accountants, and at lest
five of them are initiators;
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(2)
The registered capital shall be no less than 2,000,000 yuan;
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(3)
Have permanent practicing place and essential equipments.
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Article
22 To
establish a certified public accountants firm with juristic
personality, the initiator shall
meet the following
requirements:
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(1)
Having Chinese certificate of certified public accountant;
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(2)
Having practiced the auditing operation in the other certified
public accountants firm for more
than five years, and shall have
no records of undesirable operations.
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Article
23 To
establish a certified public accountants firm with juristic
personality, the initiators shall
jointly apply to the Municipal
Certified Public Accountants Association and submit
certification
materials stipulated in Article 21 and Article 22
of these regulations.
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Article
24
The Municipal Certified Accountants Association shall make a
decision on approval or disapproval
within sixty days upon
accepting the application for establishment of certified public
accountants
firm. After the application for establishment
approved, the Municipal Finance Department shall issue the
applicant practice license; To the application for establishment
disapproval, the association shall inform
the applicant within
15 days after the decision. In case the applicant objects to the
decision,
he may apply for reconsideration to the Municipal
Finance Department within 15 days after receiving the notice of
disapproval.
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Article
25
A certified public accountant shall be ordered to suspend
business by the Municipal Certified Public
Accountants
Association after its establishment in case it fails to meet the
conditions for the
establishment due to personnel change or
other reasons; It shall be revoked in case it still cannot meet
the conditions for establishment within 90 days. The party may
apply for reconsideration to the Municipal
Finance Department
within 15 days after receiving the decision for suspension of
business or revocation
of establishment in case it objects to
the decision.
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Article
26
The establishment of a branch of a certified public accountants
firm in the Special Zone shall
be approved by the Municipal
Certified Public Accountants Association.
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Article
27
Any certified public accountants firm outside Shenzhen shall be
registered by the Municipal Certified
Public Accountants
Association to practice in the Special Zone; Any report issued
in the Special
Zone by the firm shall enclose with the written
certification for registration of the business before the
Municipal Certified Public Accountants Association, and shall
accept the operation supervision implemented
by the association.
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Article
28
The permanent representatives of certified public accountants
firm from Hong Kong, Macao, Taiwan
and overseas, which approved
to establish in the Special Zone, shall submit the following
documents
to the Municipal Certified Public Accountants
Association within thirty days after the establishment approved:
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(1)
Duplicate document of approval for establishment of permanent
representative issued by the Ministry
of Finance;
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(2)
A copy of permanent representative certificate issued by the
Ministry of Finance;
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(3)
Practicing place and contacting phone;
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(4)
Name and resume of the permanent representative.
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Article
29
The permanent representatives established by the certified
public accountants firms from Hong Kong,
Macao, Taiwan and
overseas shall accept the supervision and administration
implemented by the Municipal
Certified Public Accountants
Association.
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Article
30
The permanent representative of foreign certified public
accountants firm shall practice the operation
within the
business scope ratified.
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Article
31
To temporarily practice in the Special Zone, foreign certified
public accountants firms shall get
the approval to practice and
handle the registration for practice according to provisions of
related
laws of the state.
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Chapter IV
The Certified Public Accountants Association
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Article
32 The
main official duties of the Municipal Certified Public
Accountants Association are:
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(1)
To examine and approve the establishment of certified public
accountants firms and the registration
of certified public
accountant, to carry out annual examination on certified public
accountant
and certified public accountants firm;
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(2)
To draw out practice rules and system for certified public
accountants;
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(3)
To reflect advices and demands of the trade of certified public
accountants, to protect the
lawful rights and interests of
certified public accountants;
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(4)
To carry out operation examination, to punish those certified
public accountants and certified
public accountants firms who
violate laws and regulations;
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(5)
To organize qualification examination and training for certified
public accountants;
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(6)
To intercede internal disputes of the trade;
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(7)
To organize operation communication, to advance the relationship
with the same trade of Hong
Kong, Macao, Taiwan and overseas.
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Article
33
The members of the Municipal Certified Public Accountants
Association include group members and
individual members,
individual members include practicing members and non-practicing
members.
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Those
certified public accountants firms registered in the Special
Zone shall join the Municipal
Certified Public Accountants
Association and be group members.
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The
Chinese certified public accountants practicing in certified
public accountants firms registered
in the Special Zone shall
join the Municipal Certified Public Accountants Association and
be the
practicing members.
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The
following personnel shall join the Municipal Certified Public
Accountants Association to be
non-practicing members:
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(1)
Those obtain the certificate for all-subjects qualified of
examination for certified public
accountants;
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(2)
Those obtain qualification for non-practicing member of China
Certified Public Accountants Association
before these
regulations coming into effect;
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(3)
Those practicing members who no longer carry out practice for
reason of change of work.
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Article
34
Group members and individual members shall abide by constitution
of the Municipal Certified Public
Accountants Association and
pay prescribed membership dues.
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Article
35
The membership meeting is the supreme power of the Municipal
Certified Public Accountants Association;
The membership meeting
shall be convoked annually, but temporally meeting shall be
convoked if
one of the following circumstances occur:
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(1)
Proposed by the chairman;
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(2)
Jointly proposed by more than three directors;
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(3)
Jointly proposed by more than twenty members;
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(4)
Number of members of Board of Directors is less than two-third
of quorum.
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Article
36
The powers of the membership meeting are：
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(1)
To discuss, pass and revise constitution of the association;
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(2)
To elect and dismiss non-governmental-appointed directors;
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(3)
To discuss and pass development plan and annual working plan of
the association;
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(4)
To discuss and pass annual working report and annual financial
revenue and expenditure report.
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Article
37
The board of directors consist of the following members:
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(1)
Three to five directors appointed by the Municipal Finance
Department. Municipal Taxation Department
and Municipal Auditing
Department;
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(2)
Eleven to thirteen directors elected by certified public
accountants.
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Article
38
The board of directors is the executing body of the membership
meeting, and its duties are:
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(1)
To report work to the membership meeting and execute resolution
of the meeting;
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(2)
To advance development program of the association and draft of
annual working plan;
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(3)
To advance revision scheme for constitution of the association;
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(4)
To make decision on the setting and authorities of internal
framework;
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(5)
To examine and approve working scheme of the association, and to
supervise on its implementation;
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(6)
To elect chairman and vice-chairman;
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(7)
To approve the registration of certified public accountant and
establishment of certified public
accountants firm;
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(8)
To punish those certified public accountants and certified
public accountants firms who violated
laws and regulations;
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(9)
To decide the candidates of the registration committee,
punishment committee, and other special
committee, and to
supervise their work;
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(10)
To draw up measures on administration of risk fund uniformly
managed by the association;
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(11)
To examine financial revenue and expenditure of the association,
to examine and approve standard
for membership dues and measures
to collect it;
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(12)
Other proceedings stipulated by the association constitution.
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The
secretariat, which established under the board of directors,
takes charge of daily work of the
association.
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Article
39
The registration committee, which established under the
Municipal Certified Public Accountants
Association, is in charge
of examination of the establishment of certified public
accountants and
the registration of certified public
accountants.
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The
punishment committee, which established under the Municipal
Certified Public Accountants Association,
brings forward advice
for the punishment of those certified public accountants and
certified public
accountants firms who violated laws and
regulations.
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The
registration committee and the punishment committee shall be
responsible for and make work report
to the board of directors.
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Article
40
When examine operation of certified public accountants and
certified public accountants firms,
the Municipal Certified
Public Accountants Association may look up and ask for working
paper and
other documents of certified public accountants.
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The
Municipal Certified Public Accountants Association and its
staffs shall keep business secrets
of party examined.
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Except
for the examination of daily operation conducted by the
Municipal Certified Public Accountants
Association, there shall
be more than two staffs to conduct investigation and take
evidence with
their perfect instrument produced.
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Certified
public accountants, certified public accountants firms, related
unit and individual examined,
shall offer cooperation for the
Municipal Certified Public Accountants Association.
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Article
41
The Municipal Certified Public Accountants Association shall
report its resolution and decision
proceedings to the Municipal
Financial Department.
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The
resolution and decision made by the Municipal Certified Public
Accountants Association, which
violate laws and regulations,
shall be revoked by the Municipal Financial Department.
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Article
42
The Municipal Certified Public Accountants Association shall be
registered in accordance with laws
and regulations and acquire
the status of body corporate.
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Chapter V
Administration of Operations
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Article
43
Only after checked and approved by the
Municipal Certified Public Accountants Association and obtain
practicing license issued by the
Municipal Financial Department,
can a certified public accountants firm carry out its business.
Article 44 When the certified
public accountant undertakes and conducts operation, the
certified public accountants
firm which he belongs to shall
uniformly accept and enter into the commission contract with the
consignor. |
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The
certified public accountants firm shall bear the civil
responsibility for the operation undertaken
by its certified
public accountants in accordance with first paragraph of this
Article. |
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Article
45 A certified public accountant
shall withdraw in case he has the following interested
relationship
with the consignor: |
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(1)
He had ever hold a post in the consignor and dismissed from it
lest than five years; |
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(2)
He himself, his spouse or his lineal descent has investment,
loan or other economic interested
relationship with the
consignor; |
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(3)
He has the spouse, lineal descent, lineal affinity or collateral
consanguinity relationship
with the director, manager or other
related governor of the consignor; |
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(4)
He hold the post of perennial accounting consultant or conduct
accountant proceeding on behalf
of the consignor; |
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(5)
Other proceedings he shall withdraw for reason of keeping
independence. |
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Except
for operation charge, in case the certified public accountants
firm has other economic interested
relationship with the
consignor, he shall withdraw. |
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Article
46
The certified public accountant shall issue the operation report
in accordance with the working
procedure specified by guidelines
and requirements of the practicing rules when he implements the
auditing operation.
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The
certified public accountant shall not commit the following acts
when he implements auditing
operation and issues auditing
report:
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(1)
Not pointing out the contradiction of the financial and
accounting disposal on the important
issues of the consignor
with the relevant provisions of the state knowingly; |
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(2)
Knowing that the financial and accounting disposal of the
consignor may directly harm the interest
of the report user or
other party interested, but covering up or makeing untruthful
report; |
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(3)
Not pointing out that the financial and accounting disposal of
the consignor may conduce the
significant misleading to the
report user or other party concerned knowingly; |
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(4)
Not pointing out that there are other untruthful contents on the
important issues of the financial
and accounting report of the
consignor knowingly. |
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If
the consignor commits the acts listed in the preceding paragraph
that the certified public accountants
shall know according to
the practicing guideline and rules, the provision of the
preceding paragraph
shall apply.
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Article
47
When a certified public accountant conducts an auditing
operation, he shall refuse to issue the
operation report under
any one of the following circumstances:
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(1)
The consignor indicates him to provide untruthful or improper
evidence; |
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(2)
The consignor does not supply intentionally the accounting
information and relevant documents; |
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(3)
Due to other unreasonable requests of the consignor, the report
to be issued by the certified
public accountants cannot make
correct description of the important issues of the financial
accounting. |
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Article
48
The certified public accountants shall not commit the following
acts:
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(1)
Within six months in the process of implementing to fulfilling
the auditing operation, he himself,
his spouse or his lineal
descent trades the stocks and bonds of the unit being audited, or has assets trading,
loans, tenancy or other economic interested
relationship with
the unit being audited;
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(2)
Demanding or accepting money or other valuables not prescribed
in the commission contract, or
taking advantage of his duty to
seek other improper benefits;
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(3)
Allowing others to implement the operation in his name;
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(4)
Implementing the operation at two or more than two certified
public accountants firms simultaneously.
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Article
49
The certified public accountants shall bear the duty of keeping
business secrets that he got to
during the implementation of the
operation, but it is otherwise in case the consignor approved in
writing or required to provide by laws and regulations.
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Article
50 It
shall be prohibited that certified public accountants firm pay
or pay in disguised form any unit
or individual business
introduction fees.
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It
shall be prohibited that any unit appoints certified public
accountants firm to undertake relevant
business for its
jurisdiction counterpart.
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It
shall be prohibited that any unit and its staff seek improper
profits for themselves by taking
advantage of their position to
introduce business to certified public accountants firm.
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Article
51
A certified public accountants firm shall implement accountants
system and financial administrative
system laid down by finance
department.
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A
certified public accountants firm shall uniformly account the
revenue and expenditure of its branches.
Contracted management
shall be prohibited.
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A
certified public accountants firm shall submit accountant report
to the Municipal Certified Public
Accountants Association on
schedule, and accept financial supervision implemented by the
association.
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Article
52
It shall be prohibited that certified public accountant and
certified public accountants firm conduct
propaganda by
publishing, setting and placarding advertisement or in virtue of
news media.
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The
public notice of practice, office movement and employment of
certified public accountants firm
shall be published in
accordance with rules laid down by the Municipal Certified
Public Accountants
Association.
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Article
53 Certified
public accountants firm shall draw risk-fund by five percent
from its business revenue.
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Risk-fund
shall be used to compensate damage caused by the certified
public accountants firm during
its operation.
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Risk-fund
shall be uniformly administrated by the Municipal Certified
Public Accountants Association.
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Risk-fund
shall be deposited in special account and used as special fund.
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The
measures on administration of risk-fund shall be drafted by the
Municipal Certified Public Accountants
Association and submitted
to the Municipal Finance Department for approval.
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Article
54
Those certified public accountants firms with juristic
personality shall purchase the professional
liability insurance.
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The
minimum amount of insurance shall be stipulated by the Municipal
Certified Public Accountants
Association.
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Chapter VI
Legal Responsibility
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Article
55 Certified
public accountant, certified public accountants firm or other
relevant person shall bear
the liability for compensation in
case they violate these regulations and cause harm to other
relevant
persons.
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Article
56
Anyone who has violated the second paragraph of Article 6 shall
be noticed to the public by the
Municipal Certified Public
Accountants Association and be imposed a fine of more than 5,000
yuan
but less than 10,000 yuan by the Municipal Finance
Department; His illegal income, if any, shall be confiscated;
He
shall be prosecuted for criminal responsibility in case he
commits a crime.
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Article
57
Anyone without certificate of certified public accountant
undertakes the business stipulated in
Article 8 of these
regulations, his auditing report shall be invalid and his
illegal income shall
be confiscated, and he shall be
concurrently imposed a fine of more than 2 times but less than 5
times of the illegal gains by the Municipal Finance Department;
In case he commits a crime, he shall be prosecuted
for criminal
responsibility.
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Article
58
The auditing report issued by anyone who carried over operation
in violation of Article 25 shall
be invalid. He shall be
confiscated of his illegal income and imposed a fine of more
than 1 time
but less than 2 times of the illegal gains by the
Municipal Finance Department.
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Article
59
Any branches established in violation of Article 26 of these
regulations shall be revoked by the
Municipal Certified Public
Accountants Association; In case of gross violation, it shall be
imposed
a fine of more than 10,000 yuan but less than 50,000
yuan by the Municipal Finance Department and have its practicing
license revoked by the Municipal Certified Public Accountants
Association.
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Article
60
Any certified public accountants firm violated Article 27 of
these regulations shall be imposed
a fine of more than 10,000
yuan but less than 50,000 yuan by the Municipal Finance
Department.
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Article
61 Auditing
report issued in violation of Article 30 and Article 31 of these
regulations shall be invalid.
The violator shall be confiscated
illegal income and be imposed a fine of more than 2 times but
less than 5 times of the illegal gains by the Municipal Finance
Department.
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Article
62
Auditing report issued by any certified public accountant firm
that undertakes operations in violation
Article 43 of these
regulations having no license shall be invalid. The violator
shall be noticed
to the public by the Municipal Certified Public
Accountants Association, have its illegal gains confiscated and
be imposed a fine of more than 2 times but less than 5 times of
the illegal gains by the Municipal
Finance Department.
Article 63 Any auditing report issued in violation of
Article 45 of these regulations shall be invalid and shall be
circulated a notice of criticism by the Municipal Certified
Public Accountants Association.
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Article
64
Anyone shall be warned or suspended of the business by the
Municipal Certified Public Accountants
Association in case he
violated Article 46, Article 47 and Article 48 of these
regulations; In
case of gross violation, he shall be revoked of
practicing license and certificate of certified public
accountant; Illegal income shall be confiscated by the Municipal
Finance Department in case he gains; He
shall be prosecuted for
criminal responsibility in case he commits a crime.
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Article
65
Anyone shall be warned by the Municipal Certified Public
Accountants Association in case he violated
Article 49 of these
regulations; In case of gross violation, he shall have his
certificate of certified
public accountant revoked; In case he
commits a crime, he shall be prosecuted for criminal
responsibility.
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Article
66
Anyone shall be imposed a fine of more than 10,000 yuan but less
than 50,000 yuan by the Municipal
Finance Department, and shall
be circulated a notice of criticism by the Municipal Certified
Public
Accountants Association in case he violated paragraph 1
of Article 50 of these regulations; In case of gross violation,
it shall be revoked of his practicing license by the
association; In case he commits a crime, he
shall be prosecuted
for criminal responsibility.
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Anyone
shall be ordered to make corrections and be imposed
administrative responsibility in case
he violated paragraph 2 of
Article 50.
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Anyone
shall be confiscated of his illegal gains and be imposed
administrative responsibility in
case he violated paragraph 3 of
Article 50; In case he commits a crime, he shall be prosecuted
for criminal responsibility.
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Article
67
Anyone shall be imposed a fine of more than 20,000 yuan but less
than 50,000 yuan by the Municipal
Finance Department in case he
violated Article 51 of these regulations; In case of gross
violation,
he shall be revoked of his practicing license by the
Municipal Certified Public Accountants Association and be
circulated a notice of criticism.
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Article
68
Anyone shall be imposed a fine of more than 10,000 yuan but less
than 20,000 yuan by the Municipal
Finance Department, and shall
be circulated a notice of criticism by the Municipal Certified
Public
Accountants Association in case he violated paragraph 1
of Article 52 of these regulations.
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Article
69
The staff of the Municipal Certified Public Accountants
Association shall be imposed discipline
punishment in case he
violated these regulations by neglecting his duties, misusing of
his authorities,
practicing irregularities for personal gains,
and taking bribes; In case he commits a crime, he shall be
prosecuted for criminal responsibility.
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Article
70 The
official of the Municipal Finance Department shall be
imposed administrative responsibility by the Municipal
Supervision Department in case he violated these regulations by
neglecting his duties, misusing of
his authorities, practicing
irregularities for personal gains, and taking bribes; In case he
commits
a crime, he shall be prosecuted for criminal
responsibility.
Article 71 In case the party concerned disagrees with the
punishment decision made by the Municipal Certified Public
Accountants Association, he may bring a litigation before the
people' s
court within 15 days after receiving the decision of punishment.
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In
case the party concerned disagrees with the punishment decision
made by the Municipal Finance
Department, he may apply for
reconsideration to Administrative Reconsideration Department of
the
Municipal Government, or directly bring a litigation before
the people' s
court.
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In
case the party concerned neither applies for the reconsideration
of the punishment decision within
the time limit, nor files a
lawsuit at the people's court, nor implements the punishment
decision,
the association that makes the punishment decision or
the Municipal Finance Department shall apply to the people's
court for compulsory enforcement.
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Chapter VII
Supplementary Provisions
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Article
72 The
public certified accountants firms and auditors firms
established in the Special Zone before
these regulations coming
into effect shall be reorganized in accordance with these
regulations
and the reorganization shall be complete before
December 31st, 1996.
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The
specific measures on the reorganization are to be provided by
the Municipal government.
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Article
73 The
detailed implementing measures shall be formulated by the
Municipal People's Government according
to these regulations.
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Article
74
These regulations shall take effect as of April 1st,
1995. |
