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Statutory auditor (1762)

Statutory auditor is a title used in various countries to refer to a person or entity with an auditing role, whose appointment is mandated by the terms of a statute.

World usage

[edit]
Main article: External auditor

A "statutory audit" is a legally required review of the accuracy of a company's or government's financial records. The purpose of a statutory audit is the same as the purpose of any other audit – to determine whether an organization is providing a fair and accurate representation of its financial position by examining information such as bank balances, bookkeeping records and financial transactions.[1] The European Union has also made efforts to mandate statutory audits and statutory auditors on an EU-wide level.[2]

By country

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India

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In India, the term "statutory auditor" refers to an external auditor whose appointment is mandated by law.[citation needed]

Japan

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A statutory auditor (監査役, kansayaku) is an official found in Japanese kabushiki gaisha (business corporations). Similar roles are also found in Taiwan and South Korea, which use modified forms of Japanese corporate law, although the English translation most commonly employed for the role in these countries is supervisor or supervisory board.[3]

Statutory auditors are elected by shareholders and hold a position in the hierarchy alongside the board of directors. A kabushiki kaisha must have at least one statutory auditor, unless the transfer of shares is restricted in the articles of incorporation. If the company is classified as a "large" company (i.e. with more than ¥500 million in paid-in capital or ¥20 billion in liabilities), it must have three statutory auditors, or an audit, compensation and nominating committee system similar to that used by public companies in the US.

Statutory auditors have several functions:

  1. They initiate derivative suits against the board of directors on behalf of the shareholders, and represent the company in those suits. This right was once reserved for the auditor; however, following precedent from a recent lawsuit against Daiwa Bank, groups of shareholders can now file suits themselves without going through the auditor.
  2. In "mid-size" and "large" companies (i.e. with more than ¥100 million of paid-in capital), they have the right to attend board meetings to monitor the directors' actions.
  3. In "mid-size" companies, they audit the financial reports submitted by the company.
  4. In "large" companies, they oversee auditing performed by external certified public accountants, i.e. external auditors.

Statutory auditors are often selected from among the senior management of the company, or are former directors of related companies (such as suppliers or keiretsu partners).

The role of the statutory auditor in Japan is distinct from the role of an external auditor or internal auditor as understood in English-speaking countries, which has led to some confusion when discussing their role in internationally prominent cases such as the Olympus scandal.[4] The Japanese association of statutory auditors has recommended adopting the English title "audit & supervisory board member" to avoid such confusion.[3]

References

[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia

Statutory auditor

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from Grokipedia
A statutory auditor is an independent professional, often a qualified , whose appointment is mandated by law in various jurisdictions to examine and express an opinion on the of certain companies and public entities, ensuring transparency and stakeholder protection. The term and requirements vary globally, with specific frameworks in regions like the , , and the . In the , a statutory auditor is defined as a approved by the competent authorities of a to carry out statutory audits of annual accounts or consolidated accounts. This role involves providing an independent opinion on whether the give a true and fair view of the entity's assets, liabilities, financial position, and profit or loss. Statutory audits are legally required for public-interest entities (PIEs), such as listed companies, institutions, undertakings, and certain large entities, though small companies may be exempt under national . Beyond , statutory auditors may also provide assurance on for PIEs as required by the Reporting Directive (EU) 2022/2464. The legal framework is primarily established by Directive 2006/43/EC (as amended, including by Directive 2014/56/), which harmonizes audit requirements across Member States and mandates compliance with international auditing standards adopted by the .

Overview

Definition and Role

A statutory auditor is an independent professional, approved by competent authorities, who is legally mandated to examine and verify the of companies or other entities to ensure they present a true and fair view of the entity's financial position, assets, liabilities, and results of operations in accordance with applicable legal and standards. This examination involves an objective assessment to confirm compliance with relevant regulations and to detect any material misstatements arising from error or . The primary role of a statutory auditor is to provide an unbiased opinion on the reliability of financial reports, thereby safeguarding the interests of stakeholders such as shareholders, creditors, investors, and regulators by enhancing the transparency and of financial information. This involves and performing procedures to obtain reasonable assurance that the are free from material misstatement, while maintaining in both mind and appearance to avoid any influence from the audited entity. By issuing an , the statutory auditor communicates findings on the fairness of the accounts, which supports informed decision-making and market confidence. Unlike voluntary audits, which entities may choose to undertake for internal purposes or lender requirements, statutory audits are compulsory under corporate laws for specific organizations, including public companies, large private entities exceeding certain size thresholds, and entities such as banks and firms. This mandatory nature stems from the need to protect by ensuring in financial reporting. Examples of audits conducted by statutory auditors include reviews of annual accounts, consolidated for groups of companies, and, where required by law, sustainability reports to verify their accuracy and compliance.

Historical Development

The concept of the statutory auditor emerged in the 19th century amid the , as joint stock companies proliferated and the need arose to safeguard shareholder interests through independent verification of financial accounts. The Joint Stock Companies Act 1844 marked the initial milestone by requiring compulsory audits for incorporated companies, establishing auditors' duties to examine balance sheets and report to shareholders. However, the Joint Stock Companies Act 1856 shifted to a more permissive stance, making audits optional under a laissez-faire regulatory environment that relied on model . Mandatory statutory audits were firmly reinstated by the Companies Act 1900, which applied to most companies and solidified the auditor's role in ensuring accurate financial reporting. The 20th century brought expansions to the statutory auditor's framework, often in response to financial crises that exposed weaknesses in corporate accountability. Following the 1929 and the , the introduced transformative legislation through the and the , mandating independent audits for securities registrations and periodic reports to restore public trust in capital markets. These acts emphasized the auditor's independence to certify financial statements, influencing global practices. Later, the collapse of in 2001 highlighted ongoing vulnerabilities, leading to the Sarbanes-Oxley Act of 2002, which prohibited auditors from providing certain non-audit services to audit clients and created the to oversee audit quality and independence. In the international arena, the late 20th century witnessed harmonization efforts to promote consistent statutory auditing standards worldwide. The (IFAC), established in 1977, advanced this through its International Auditing Practices Committee (later the International Auditing and Assurance Standards Board), culminating in the issuance of a comprehensive set of in 1994 to guide global audit practices. The (IOSCO) collaborated with standard-setters to endorse these frameworks, facilitating cross-border adoption. Within , the EU's Directive 2006/43/EC on statutory audits standardized requirements across member states, mandating independence, registration, and quality assurance systems for auditors. The British model extended its influence to colonial territories, as seen in India's Companies Act 1913—which required annual audits modeled on the UK's Companies (Consolidation) Act 1908—and in , where late-19th-century colonial company laws, such as Victoria's 1890 Act, incorporated similar mandatory audit provisions derived from English precedents.

International Standards

The (ISAs) serve as the primary global benchmarks for statutory audits, issued by the International Auditing and Assurance Standards Board (IAASB) under the (IFAC). These standards encompass key areas such as audit planning (e.g., ISA 300), evidence gathering (e.g., ISA 500), and reporting (e.g., ISA 700), aiming to promote consistency, quality, and transparency in audits worldwide. Used in more than 130 jurisdictions worldwide, with over 160 having adopted them partially or fully as of 2025, ISAs provide a framework that auditors must apply to ensure reasonable assurance that financial statements are free from material misstatement. Complementing the ISAs, the International Standards on Quality Management (ISQMs) establish requirements for firms to design, implement, and operate effective quality management systems. Issued by the IAASB in 2020 and effective from 2022, ISQM 1 focuses on proactive risk-based approaches to quality, including governance, resources, and engagement performance, replacing earlier standards like ISQC 1. These standards are integrated into national frameworks, such as the UK's ISAs (UK) adopted by the Financial Reporting Council (FRC), which incorporate ISAs with UK-specific amendments for statutory audits. In the United States, the Public Company Accounting Oversight Board (PCAOB) maintains its own auditing standards but aligns them with ISA principles through ongoing convergence efforts and international cooperation. Harmonization efforts have advanced through endorsements by bodies like the (IOSCO), which in 2000 resolved to encourage acceptance of ISAs for cross-border audits and listings to facilitate multinational offerings. IOSCO further supported the clarified ISAs in 2009, urging securities regulators to recognize audits performed under these standards for investor confidence in global markets. Within the , Directive 2014/56/EU, amending the Statutory Audit Directive 2006/43/EC and transposed by member states around 2016, mandates the use of ISAs for all statutory audits, promoting a uniform application across borders. In December 2023, the IAASB issued the on Auditing for Audits of of Less Complex Entities (ISA for LCE), effective for audits beginning on or after December 15, 2025, providing a tailored framework for audits of smaller entities while delivering the same level of reasonable assurance as full ISAs. Despite these advancements, challenges persist in ISA adoption, as many countries implement modifications to accommodate local laws, leading to variations that can complicate cross-border consistency. For instance, independence requirements under ISAs, such as restrictions on non-audit services to avoid threats to objectivity (outlined in ISA 200 and the IESBA ), are often strengthened or adapted nationally, creating hurdles in full . These adaptations, while necessary for regulatory alignment, underscore ongoing efforts by the IAASB to address implementation barriers through scalability guidance and revisions.

Key Regulatory Bodies

The (IFAC), founded on October 7, 1977, in , , serves as the global organization representing the accountancy profession and champions the development and adoption of international standards for and assurance, , , and public sector accounting to enhance statutory auditing practices worldwide. The International Auditing and Assurance Standards Board (IAASB), an independent standard-setting body operating under IFAC's oversight, develops high-quality (ISAs), quality management, review, other assurance, and related services that underpin statutory audits and promote consistency and reliability in financial reporting. For public sector statutory audits, the International Organization of Supreme Audit Institutions (INTOSAI), established in 1953, acts as the professional association of supreme audit institutions, issuing the International Standards of Supreme Audit Institutions (ISSAIs) to ensure effective, independent auditing of public finances and resources. At the supranational level, the European Commission's Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA) oversees the formulation and implementation of audit directives, such as Directive 2006/43/EC as amended, to harmonize statutory audit requirements across member states and protect investors through robust oversight of audit firms and statutory auditors. The (IOSCO), comprising securities regulators from over 130 jurisdictions, addresses securities-related oversight by issuing principles for the regulation, supervision, and enforcement of auditors of publicly listed entities, emphasizing independence, , and investor protection in capital markets. Enforcement of statutory auditing standards by these bodies involves inspection systems, including peer reviews to assess compliance with international standards, as facilitated by IFAC's Member Compliance Program, which evaluates adherence among member bodies and can lead to recommendations for remedial actions. Sanctions for non-compliance may include public , monetary penalties, or , enforced through coordinated mechanisms like IOSCO's principles for auditor oversight and the EU's supervisory convergence efforts under DG FISMA. DG FISMA also plays a pivotal role in third-country auditor equivalence decisions, assessing whether non-EU jurisdictions' oversight systems are comparable to EU standards; for instance, the European Commission has granted equivalence to the United States and Japan, allowing auditors from these countries to conduct statutory audits of EU-listed entities under reciprocal arrangements since 2011.

Qualifications and Appointment

Eligibility Requirements

To qualify as a statutory auditor, individuals must typically hold membership in a recognized professional body, such as those granting the Certified Public Accountant (CPA) or Chartered Accountant (CA) designation, which serve as equivalents in various jurisdictions. These qualifications generally require a minimum of a bachelor's degree in accounting or a related field, followed by passing comprehensive professional examinations that assess knowledge in financial reporting, auditing standards, and relevant laws. For instance, in the European Union, Directive 2006/43/EC (the 8th Company Law Directive) mandates that statutory auditors attain at least university entrance level education, complete theoretical instruction in subjects like accounting and auditing, and pass an examination testing professional competence, including financial reporting and company law. Practical experience is a core eligibility component, usually requiring 3 to 5 years of supervised auditing work under a qualified professional or firm. Under the EU's 8th Company Law Directive, this includes a minimum of 3 years of practical training, with at least two-thirds conducted under the supervision of a statutory auditor or audit firm, or alternatively, possession of a university degree, theoretical training, and five years of relevant professional experience in accountancy, auditing, or law. Ethical standards form another essential barrier to entry, emphasizing and to ensure unbiased audits. Statutory auditors must adhere to rules prohibiting financial interests in the audited entity, such as ownership stakes or close familial ties that could impair objectivity, as outlined in international ethics codes like those from the International Ethics Standards Board for Accountants (IESBA). Additionally, ongoing compliance involves continuing professional education (CPE), with many professional bodies and Member States requiring around 40 hours annually or 120 hours over three years in areas like auditing, , and regulatory updates to maintain competence; following amendments to Directive 2006/43/EC, this includes training in sustainability assurance for public-interest entities where applicable. The EU Directive requires statutory auditors to follow that uphold , objectivity, and professional behavior, and to participate in appropriate continuous programs. Eligibility also includes basic thresholds verifying good repute, often through checks for no disqualifying criminal history or ethical violations that could undermine public trust, as part of registration with supervisory bodies.

Appointment and Rotation

The appointment of a statutory auditor is typically conducted by the shareholders of a company during its annual general meeting (AGM), where an ordinary resolution is passed to select an individual or firm to serve for a specified term, often up to five years subject to reappointment. For public interest entities (PIEs), such as listed companies or financial institutions, the process involves additional safeguards: the audit committee must recommend at least two candidates following a transparent selection procedure, and the general meeting appoints based on this recommendation, with notification to the competent regulatory authority to ensure compliance with independence standards. In the United States, the Sarbanes-Oxley Act of 2002 mandates that the audit committee of the board pre-approve the appointment of the external auditor, enhancing oversight to prevent conflicts of interest. Mandatory rotation rules are designed to mitigate familiarity threats and promote by limiting tenure. Under EU Regulation No 537/2014, audit firms engaged by PIEs must rotate after a maximum of 10 years, with a possible extension to 20 years if a competitive tender is conducted or to 24 years in cases of involving at least two firms. Additionally, the key partner responsible for the engagement must rotate after seven years, followed by a mandatory three-year cooling-off period during which they cannot sign the report or assume a key role for that client. These provisions apply across member states, though some may impose shorter periods at the national level. Tendering processes for statutory auditors emphasize competitive bidding to foster objectivity and prevent entrenched relationships that could compromise . For PIEs in the , a transparent and non-discriminatory tender is required for initial appointments and extensions, with criteria published in advance to allow participation by firms holding less than 15% of the , thereby prohibiting undue advantages for or dominant providers. Regulations explicitly aim to address familiarity threats from prolonged engagements by mandating and prohibiting non-competitive reappointments without tender. Non-compliance with or tendering rules can result in significant penalties, including fines imposed by regulatory bodies; for instance, the UK's has levied fines of up to £500,000 on firms for breaching tenure limits, alongside reprimands and remedial actions.

Responsibilities and Duties

Audit Scope and Procedures

The scope of a statutory audit encompasses the independent examination of an entity's to provide reasonable assurance that they are free from material misstatement, whether due to or error, and that they comply with the applicable financial reporting framework, such as Generally Accepted Accounting Principles (GAAP) or (IFRS). This involves assessing the as a whole for fair presentation or true and fair view, while also evaluating the effectiveness of internal controls relevant to financial reporting to identify risks of material misstatement. The auditor's objective is not to guarantee absolute accuracy but to reduce to an acceptably low level through sufficient appropriate evidence, acknowledging inherent limitations like sampling and potential override of controls. Audit procedures begin with , where the identifies and evaluates risks of material misstatement at both the and assertion levels by understanding the entity, its environment, and systems. This includes performing inquiries of management and others within the entity, analytical procedures to detect unusual trends, and observations or inspections of operations to gain insights into the control environment, such as segregation of duties and monitoring activities. Once risks are assessed, the designs and implements responses, including tests of controls to verify their operating effectiveness if reliance is planned, and substantive procedures to detect material misstatements directly. Substantive testing forms a core component, involving detailed examinations such as vouching transactions to supporting , confirming balances with third parties, and recalculating amounts to ensure accuracy and completeness. Analytical reviews complement these by comparing financial across periods or against expectations to identify anomalies, particularly for or accounts where relationships are predictable. To enhance efficiency, auditors apply sampling techniques, selecting representative items from populations for testing while considering factors like level and tolerable misstatement to determine sample and method, such as statistical or non-statistical sampling. Central to these procedures is the concept of materiality, which guides the auditor's focus on misstatements that could influence users' economic decisions; for instance, overall materiality might be set at 5% of profit before tax from continuing operations as a benchmark for profit-oriented entities. Under ISA 240, auditors bear specific responsibilities for detection, maintaining professional skepticism to identify of fraudulent financial reporting or asset through procedures like evaluating journal entries for unusual patterns and inquiring about risk assessments, treating risks as significant unless clearly inconsequential. Modern statutory audits increasingly incorporate technology, such as data analytics tools, to analyze entire datasets for anomalies, predict risks, and automate substantive testing, thereby improving coverage and efficiency beyond traditional sampling. Site visits allow direct observation of physical assets and processes, while interviews with personnel provide qualitative insights into operational controls and potential fraud indicators, all integrated to gather comprehensive audit evidence. These procedures culminate in evidence that supports the auditor's opinion on the financial statements.

Reporting and Disclosure

Statutory auditors issue audit reports that express an on the of an entity, primarily following International Standard on Auditing (ISA) 700 (Revised), which outlines the auditor's responsibility to form an and report on whether the are prepared, in all material respects, in accordance with the applicable financial reporting framework. The standard emphasizes a clear for the report, including the basis for the , to enhance transparency and usefulness for users. Audit opinions are categorized into four types: (also known as unmodified or clean), which indicates that the present fairly, in all material respects, the financial position and performance without reservations; qualified, issued when there are material misstatements in specific areas or limitations on scope that do not pervade the statements; adverse, stating that the do not present fairly due to widespread misstatements; and , provided when the auditor cannot obtain sufficient appropriate audit evidence, rendering an impossible. Since the 2014 EU Audit Directive reforms, effective from 2016, statutory auditors in the must disclose Key Audit Matters (KAMs) in their reports for entities of , as required by ISA 701. KAMs are selected from matters that, in the auditor's professional judgment, were of most significance in the , such as areas of higher assessed risk of material misstatement or significant events requiring judgment, and include a description of how they were addressed. This disclosure aims to provide greater insight into the process without compromising confidentiality. Disclosure requirements in audit reports are guided by materiality, defined under ISA 320 as the magnitude of misstatements that could reasonably influence users' economic decisions, typically set at 5-10% of a relevant benchmark like profit before tax or total assets, though auditors apply professional judgment to determine entity-specific thresholds. For non-compliance with laws and regulations (NOCLAR), ISA 250 requires auditors to obtain sufficient evidence on identified or suspected instances and communicate them to and those charged with , with potential disclosure in the if or if management fails to address them appropriately. Under the EU's Corporate Sustainability Reporting Directive (CSRD, Directive 2022/2464), statutory auditors or assurance providers must perform limited assurance engagements on sustainability reports starting from 2025 for large entities newly in scope, verifying compliance with European Sustainability Reporting Standards (ESRS) and focusing on double materiality—impacts on both the entity and /environment—while former NFRD reporters are delayed to 2028 per the April 2025 Omnibus "Stop the Clock" Directive, with escalation to reasonable assurance by 2028 for non-delayed entities and by 2030 for delayed ones. Legal implications of audit reports include auditor liability for negligence, where statutory auditors in EU member states are generally held civilly liable to the audited entity for damages arising from faulty audits, with some jurisdictions applying when multiple parties contribute to harm, as explored in the European Commission's 2001 study on civil liability systems. Audit reports must be filed with relevant regulators, such as national company registries or supervisory authorities like the (ESMA), to ensure public access and oversight, with failure to file potentially triggering penalties under national laws transposing the EU Audit Directive. Post-audit responsibilities encompass addressing subsequent events under ISA 560, where auditors evaluate information arising after the report date that may require adjustments or emphasis in the report, and handling other information in annual reports via ISA 720 to identify material inconsistencies. Statutory auditors must also respond to regulatory queries or investigations, cooperating with bodies like national audit oversight authorities to provide or clarifications, as mandated by the EU Audit Regulation (537/2014), which imposes ongoing obligations to maintain audit quality and .

Global Variations

European Union

The European Union's regulatory framework for statutory auditors seeks to ensure high-quality audits, independence, and transparency across member states, primarily through harmonized directives and regulations that apply to all statutory audits while imposing stricter rules on public-interest entities (PIEs) such as listed companies, banks, and firms. This framework promotes consistency in audit practices while allowing national adaptations for implementation. The cornerstone legislation is Directive 2006/43/EC, known as the Audit Directive, which establishes minimum standards for the statutory audit of annual and consolidated accounts, including requirements for , approval, and . This directive was amended by Directive 2014/56/EU to strengthen audit quality, introduce mandatory rotation, and limit non-audit services following the . Complementing these is Regulation (EU) No 537/2014, which applies specifically to PIEs and mandates enhanced transparency, such as annual transparency reports from audit firms, and prohibits certain non-audit services to preserve independence. Statutory audits are mandatory for limited liability companies exceeding at least two of three thresholds: a total of €7.5 million, net turnover of €15 million, or an average of 75 employees (criteria assessed over two consecutive financial years), with exemptions for smaller entities subject to national thresholds that may be lower. For PIEs, joint audits are encouraged to foster and reduce concentration in the market, particularly among the largest firms. Additionally, audit firms are prohibited from providing prohibited non-audit services—such as advisory or legal services—to their PIE clients to mitigate conflicts of interest, with fees for permitted non-audit services capped at 70% of the fee. Oversight is coordinated at the EU level by the (ESMA), which facilitates cooperation on audit supervision for issuers of securities, while primary responsibility lies with national competent authorities. In , for example, the Haut Conseil du Commissariat aux Comptes (H3C) serves as the independent oversight body, handling registration, inspections, and disciplinary actions for statutory auditors. For non-EU auditors, the EU assesses third-country equivalence of oversight systems to allow cross-border audits; equivalence decisions for countries like the and enable registered third-country audit entities to audit EU-listed companies under supervised conditions. Key specific provisions include mandatory rotation of audit firms for PIEs every 10 years (extendable to 20 years with joint audits or tendering), aimed at enhancing and preventing long-term relationships that could impair objectivity. Looking ahead, the Corporate Sustainability Reporting Directive (CSRD, Directive (EU) 2022/2464) introduces updates effective from 2025, requiring limited assurance on reports for large undertakings and PIEs, with reasonable assurance phased in later, thereby expanding the statutory auditor's role to non-financial information.

Asia

In Asia, statutory auditing practices vary significantly across jurisdictions due to diverse legal traditions, economic structures, and regulatory priorities, with a strong emphasis on ensuring financial transparency in rapidly growing markets. Major economies like , , and mandate statutory audits for a broad range of entities, often overseen by national professional bodies, while requirements are tailored to company size, listing status, and ownership type. These frameworks align with international standards but incorporate local adaptations, such as enhanced oversight for state-influenced enterprises. In , statutory audits are governed by the , which requires all companies—regardless of turnover—to undergo an annual to verify and compliance with accounting standards. The Institute of Chartered Accountants of India (ICAI) provides oversight through its standards and disciplinary mechanisms, ensuring auditors adhere to generally accepted auditing practices. Auditor rotation is mandatory, with individual auditors serving a maximum of five consecutive years and audit firms up to ten years, followed by a five-year cooling-off period to maintain independence. Additionally, the (NFRA), established in 2018, exercises regulatory powers over audits of large listed companies and significant non-listed entities, focusing on enforcing accounting and auditing standards for public interest. Japan's statutory auditing regime is primarily regulated under the Financial Instruments and Exchange Act (FIEA), which mandates audits for companies, including kabushiki kaisha (joint-stock corporations), to ensure reliable financial disclosures for investors. The Japanese Institute of Certified Accountants (JICPA) oversees the profession, requiring certified accountants to conduct s in line with Japanese Generally Accepted Auditing Standards (GAAS). Peer reviews are mandatory for audit firms, conducted by JICPA's Quality Control Review Team to assess compliance and quality. also permits group audits, allowing component auditors to perform portions of the overall under the principal auditor's responsibility, facilitating efficiency in multinational structures. In , the Company Law of the stipulates that all companies must prepare annual and undergo statutory audits by licensed certified public accountants to confirm the accuracy of accounts and regulatory adherence. The Chinese Institute of Certified Public Accountants (CICPA) regulates the auditing profession, issuing standards and monitoring practitioner conduct, with a particular emphasis on audits of state-owned enterprises (SOEs) due to their economic significance and government oversight. Audits for SOEs often involve additional scrutiny of internal controls and compliance with state directives, reflecting 's hybrid model of market and administrative regulation. Other Asian and nearby jurisdictions, such as , maintain distinct yet comparable systems; under the , statutory audits are required for all public companies and large proprietary entities (defined by thresholds like annual revenue exceeding AUD 50 million, gross assets over AUD 100 million, or more than 100 employees). The Australian Securities and Investments Commission (ASIC) registers and regulates auditors, enforcing independence and quality through ongoing inspections. This framework supports investor confidence in Australia's capital markets while exempting smaller entities from full audits to reduce compliance burdens.

Americas and Other Regions

In the United States, the Sarbanes-Oxley Act of 2002 () established the (PCAOB) as an independent regulator to oversee the s of companies and broker-dealers, ensuring compliance with auditing standards and protecting interests. Statutory audits are mandatory for all companies registered with the Securities and Exchange Commission (SEC), with PCAOB-registered public accounting firms required to conduct these audits in accordance with PCAOB standards. Unlike some jurisdictions, the U.S. does not mandate rotation of audit firms, but SOX Section 203 requires the lead and concurring audit partners to rotate off the engagement every five years to enhance independence. A key provision under SOX Section 404 mandates that management assess the effectiveness of internal controls over financial reporting, with external auditors attesting to this assessment, thereby strengthening the reliability of financial disclosures. In , statutory auditing is governed primarily at the provincial level through bodies like the Canadian Public Accountability Board (CPAB), which oversees and inspects audits of public companies to promote high-quality financial reporting and investor confidence. For federally incorporated companies under the Canada Business Corporations Act (CBCA), Section 162 requires the appointment of an at each annual meeting to examine and report on their fairness, with audits aligning closely with (ISAs). National Instrument 52-108 mandates that auditors of reporting issuers register with the CPAB, facilitating oversight similar to the U.S. PCAOB model, particularly for cross-border listings where Canadian audits must accommodate SEC requirements to ensure compatibility. Brazil's statutory auditing framework is regulated by the Comissão de Valores Mobiliários (CVM), the federal securities commission, which requires independent audits for all publicly traded companies and those issuing securities to ensure transparent financial reporting. Resolution CVM 23 outlines the registration and duties of independent auditors in the securities market, emphasizing adherence to ethical standards and audit procedures. Since 2010, Brazil has achieved full convergence of its accounting standards with International Financial Reporting Standards (IFRS) through the Comitê de Pronunciamentos Contábeis (CPC), endorsed by the CVM for public entities, allowing audited to be prepared under IFRS for consolidated reporting. In the , following , the (FRC) serves as the primary regulator for statutory auditors, setting eligibility criteria, auditing standards, and oversight requirements for audits of entities under the Companies Act 2006. Post- legislation, including the Statutory Audit Services for Large Companies Market Investigation Order 2014 (as amended), mandates enhanced independence rules, such as five-year partner rotation and restrictions on non-audit services, while the FRC maintains a register of approved auditors and conducts inspections to uphold audit quality. In South Africa, the Independent Regulatory Board for Auditors (IRBA) regulates statutory auditors for Johannesburg Stock Exchange (JSE)-listed companies, requiring all such entities to appoint IRBA-registered auditors who comply with International Standards on Auditing and the Auditing Profession Act of 2005. To bolster auditor independence, the IRBA implemented mandatory audit firm rotation every 10 years for public interest entities, including JSE-listed firms, effective for financial years starting on or after April 1, 2023, with the JSE maintaining a list of accredited auditors to ensure compliance with listing requirements.

References

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  30. https://www.ethicsboard.org/focus-areas/strengthening-international-independence-standards
  31. https://eur-lex.europa.eu/eli/dir/2022/2464/oj
  32. https://www.frc.org.uk/library/supervision/professional-bodies-supervision/supervision-of-audit/eligibility-criteria-for-statutory-auditors/
  33. https://ca2013.com/appointment-of-auditors/
  34. https://www.taxmann.com/research/company-and-sebi/top-story/105010000000018484/notice-of-invitation-to-statutory-auditors-to-attend-agm-of-the-company--consequences-of-not-sending-the-notice%2520-experts-opinion
  35. https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014R0537
  36. https://pcaobus.org/About/History/Documents/PDFs/Sarbanes_Oxley_Act_of_2002.pdf
  37. https://www.accountancyeurope.eu/wp-content/uploads/2022/12/Audit-Rotation-2022_Accountancy_EU.pdf
  38. https://ec.europa.eu/commission/presscorner/detail/fr/memo_16_2244
  39. https://www.internationalaccountingbulletin.com/news/frc-fines-ey/
  40. https://pasai.squarespace.com/s/isa-200.pdf
  41. https://www.icjce.es/images/pdfs/tecnica2/normativainternacional/isa315r.pdf
  42. https://pasai.squarespace.com/s/isa-330.pdf
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  45. https://iaasa.ie/wp-content/uploads/docs/media/IAASA/Documents/Publications/AQU/Data-Analytics-in-Ireland-s-statutory-audit-market.pdf
  46. https://www.iaasb.org/publications/international-standard-auditing-isa-700-revised-forming-opinion-and-reporting-financial-statements
  47. https://finance.ec.europa.eu/news/sustainable-finance-2025-05-21_en
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  50. https://eur-lex.europa.eu/eli/reg/2014/537/oj/eng
  51. https://www.accountancyeurope.eu/wp-content/uploads/Audit-exemption-thresholds-in-Europe.pdf
  52. https://eur-lex.europa.eu/eli/dir_del/2023/2775/oj
  53. https://finance.ec.europa.eu/eu-and-world/equivalence-non-eu-financial-frameworks_en
  54. https://finance.ec.europa.eu/capital-markets-union-and-financial-markets/company-reporting-and-auditing/company-reporting/corporate-sustainability-reporting_en
  55. https://www.setindiabiz.com/blog/statutory-audit-companies
  56. https://taxguru.in/company-law/rotation-auditors-companies-act-2013.html
  57. https://nfra.gov.in/about-department/introduction/
  58. https://www.japaneselawtranslation.go.jp/en/laws/view/2355/en
  59. https://jicpa.or.jp/english/files/5-30-0-2-20230921.pdf
  60. https://www.ifac.org/about-ifac/membership/members/japanese-institute-certified-public-accountants
  61. https://www.gsl.org/en/audit-foreign/audit-china/
  62. https://www.cicpa.org.cn/BNIE/201611/W020210118380348441870.pdf
  63. https://www.ifac.org/about-ifac/membership/profile/china-mainland
  64. https://www.asic.gov.au/regulatory-resources/financial-reporting-and-audit/preparers-of-financial-reports/reporting-obligations-for-public-companies/
  65. https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Corporations_and_Financial_Services/RegulationofAuditing/Interim_Report/section?id=committees%2Freportjnt%2F024330%2F27743
  66. https://pcaobus.org/oversight/standards/auditing-standards
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  69. https://cpab-ccrc.ca/
  70. https://laws-lois.justice.gc.ca/eng/acts/c-44/page-18.html
  71. https://www.osc.ca/en/securities-law/instruments-rules-policies/5/52-108/notice-national-instrument-52-108-auditor-oversight
  72. https://www.gov.br/cvm/en/foreign-investors/regulation-files/resol023Traduo_v.SDM22032023.pdf
  73. https://www.ifrs.org/content/ifrs/home/use-around-the-world/use-of-ifrs-standards-by-jurisdiction/view-jurisdiction.html/brazil
  74. https://www.icaew.com/technical/trust-and-ethics/ethics/auditor-independence/auditor-independence-changes-post-brexit
  75. https://insights.issgovernance.com/posts/south-africa-audit-firm-rotation-rule-coming-for-fy2023/
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