Temporary and Occasional Basis) Regulations, 2010

L.N. 112 of 2010

ACCOUNTANCY PROFESSION ACT

(CAP. 281)

Accountancy Profession (Provision of Accountancy Services on a

Temporary and Occasional Basis) Regulations, 2010

IN exercise of the powers conferred by article 8 and article 8A

of the Accountancy Profession Act, the Minister of Finance, the

Economy and Investment, on the recommendation of the

Accountancy Board, has made the following regulations

The title of these regulations is the Accountancy

Profession (Provision of Accountancy Services on a Temporary and

Occasional Basis) Regulations, 2010.

The objective of these regulations is to provide for rules

specific to the provision of accountancy services, as herein defined,

pursuant to Part II of the Recognition of Professional Qualifications

Regulations and to Title II of the Directive, as herein defined, and

these regulations shall be interpreted and applied accordingly.

(1)

In these regulations, unless the context otherwise

requires

"accountancy services" means the provision of work and, or the

rendering of services comparable to those listed in regulation 3(2) of

the Regulations;

"the Act" means the Accountancy Profession Act;

"Directive" means Directive 2005/36/EC of the European

Parliament and of the Council of 7 September 2005 on the recognition

of professional qualifications;

"the Regulations" means the Accountancy

Profession

Regulations issued in terms of the Act; and

"temporary service provider" means any individual, other than a

warrant holder, seeking to provide accountancy services on a

temporary and occasional basis in Malta.

(2) Unless the context otherwise requires, terms used in these

regulations which are not defined herein shall have the meaning

assigned to them in the Act.

B

A temporary service provider shall not be prohibited from Conditions

providing accountancy services on a temporary and occasional basis relating

provision of

in Malta, unless he

accountancy

services on a

temporary and

(a) is legally established in any Member State for the occasional

basis.

purpose of performing accountancy services

Provided that where the provision of accountancy services,

or the education and training leading to the accountancy service, is

not regulated in the Member State in which the temporary service

provider is legally established, the temporary service provider shall

not be prohibited from providing accountancy services on a

temporary and occasional basis in Malta if he has provided

accountancy services in the Member State in which the temporary

service provider is legally established for at least two years during the

ten years preceding the provision of accountancy services on a

temporary and occasional basis in Malta;

(b)

is covered by adequate indemnity insurance in

terms of the Act or regulations issued in terms of the Act;

(c)

has the necessary knowledge of the language or

languages necessary for providing accountancy services in

Malta; and

(d)

has submitted to the Board a written declaration

and the documentation provided for in regulation 6.

(1)

The determination of whether accountancy services Determination

are being provided on a temporary and occasional basis in Malta, of

and occasional

shall be assessed by the Board by reference to all the particular services.

circumstances of the relevant accountancy services including, but not

limited to, the duration, frequency, regularity and continuity of the

accountancy service to be provided in Malta.

(2) Where the Board determines that accountancy services

shall not be, or are not being, provided on a temporary and occasional

basis by a temporary service provider in Malta, such temporary

service provider shall, upon notification by the Board of such a

determination, be prohibited from providing such accountancy

services unless in possession of a warrant issued in terms of the Act

Provided that a decision of the Board taken pursuant to this

sub-regulation shall be subject to appeal in terms of article 15B of the

Act.

(3) Where a temporary service provider, notwithstanding

being notified by the Board in terms of sub-regulation (2), provides

accountancy services in Malta, without being in possession of a

warrant, he shall be guilty of an offence and shall, on conviction, be

liable to a fine (multa) of not more than six thousand euro (€6,000).

(1)

A temporary service provider shall, prior to the

date of commencement of the provision of accountancy services in

Malta, submit to the Board, by electronic means or otherwise, a

written declaration in such form as may be determined by the Board

from time to time and made available on the official website of the

Board, setting out the following information

(a)

the full name of the temporary service provider;

(b)

the full legal address of the temporary service

provider;

(c)

details of the accountancy services to be provided

in Malta, including details of the client in Malta;

(d)

if applicable, any register in which the temporary

service provider is registered, his registration number, or

equivalent means of identification contained in that register;

(e)

a declaration that the temporary service provider is

covered by adequate indemnity insurance in terms of the Act or

regulations issued under the Act;

(f)

the details of any professional association or

similar body with which the temporary service provider is

registered or a member thereof; and

(g)

the professional title or designation used, or in the

event that such title or designation does not exist, the formal

qualification of the temporary service provider and the Member

State in which it was awarded.

(2) In addition to the written declaration mentioned in sub-

regulation (1), the temporary service provider shall submit to the

Board the following documents

(a)

evidence of the nationality of the temporary service

provider;

(b)

an attestation from the relevant body in the

Member State where the temporary service provider is legally

established certifying that the temporary service provider is so

legally established in that Member State for the purpose of

pursuing accountancy services and the temporary service

provider is not prohibited from providing accountancy services,

even temporarily, in the Member State where he is legally

established at the time of delivery of the written declaration;

(c)

in the situation mentioned in the proviso to

regulation 4(a), any means of proof that the temporary service

provider has provided accountancy services for at least two

years during the previous ten years;

(d)

attestation that the temporary service provider is

covered by adequate indemnity insurance in terms of the Act or

regulations issued under the Act; and

(e)

evidence of the professional qualification of the

temporary service provider.

(3) Where, due to a material change in the status of the

temporary service provider, the written declaration and, or the

documents being submitted together with such written declaration no

longer reflect such status, the temporary service provider shall submit

to the Board an updated written declaration and, or the documents

reflecting such change in status of the temporary service provider

within fifteen days from the date when such change occurred.

(4) Where a temporary service provider wishes to provide

accountancy services in the calendar year immediately following the

year in which a written declaration has been submitted, or re-

submitted as the case may be, such written declaration shall be

renewed and resubmitted to the Board

Provided that, in any case, such written declaration shall be

renewed and resubmitted prior to the commencement of the provision

of accountancy services in Malta in that particular year.

(1)

A temporary service provider shall, when Professional

providing accountancy services in Malta on a temporary and title

designation.

occasional basis, be entitled to use the professional title or

designation used when providing accountancy services in the

Member State in which he is legally established, followed by the

name and address of the awarding establishment or examining board.

(2) The professional title or designation shall be indicated in

the official language or one of the official languages of the Member

State where the temporary service provider is legally established and

indicated in such a way as to avoid confusion with the designation

used in Malta.

(3) Where no professional title or designation is used in the

Member State in which the temporary service provider is legally

established, the temporary service provider shall indicate his formal

qualification in the official language or one of the official languages

of that Member State.

A temporary service provider shall, when providing

accountancy services in Malta on a temporary and occasional basis,

furnish the recipient of the accountancy services with the following

information

(a)

if applicable, any register in which the temporary

service provider is registered, his registration number, or

equivalent means of identification contained in that register;

(b)

the details of any professional association or

similar body with which the temporary service provider is

registered or a member thereof;

(c)

where the provision of accountancy services is

subject to authorisation in the Member State in which the

temporary service provider is legally established, the details of

the competent supervisory authority or public oversight body;

(d)

the professional title or designation used, or in the

event that such title or designation does not exist, the formal

qualification of the temporary service provider and the Member

State in which it was awarded;

(e)

the VAT identification number referred to in

Council Directive 77/388/EEC of the temporary service

provider; and

(f)

the details of the indemnity insurance cover

maintained by the temporary service provider in terms of the

Act.

(1)

The Board shall cooperate with the competent

authorities of the Member States in which temporary service

providers are legally established to carry out the responsibilities

arising from these regulations and the Recognition of Professional

Qualifications Regulations.

(2) The Board shall provide the competent authorities of the

Member States in which temporary service providers are legally

established with the information necessary to ensure that complaints

against a temporary service provider made by clients in Malta are

correctly pursued. The Board shall further ensure that the recipients

are informed of the outcome of the complaint.

(3) The Board may, following receipt of the written

declaration mentioned in regulation 6, ask the competent authorities

of the Member States in which temporary service providers are

legally established for, inter alia, information relevant to the legality

of the establishment of the temporary service provider and his good

conduct, as well as the absence of any disciplinary or criminal

sanctions of a professional nature

Provided that where, on the basis of the information

provided by the competent authorities of the Member States in which

temporary service providers are legally established, the Board is of

the opinion that the provision of accountancy services by such

temporary service provider is prejudicial to the interests of recipients,

the Board may, by notice to him, prohibit such temporary service

provider from providing accountancy services in Malta

Provided further that the provisions of regulation 5(3)

shall, mutatis mutandis, apply to a temporary service provider who,

notwithstanding notification in terms of this sub-regulation, continues

to provide accountancy services in Malta

Provided further that a decision of the Board taken

pursuant to this sub-regulation shall be subject to appeal in terms of

article 15B of the Act.

A temporary service provider providing accountancy Professional

services on a temporary and occasional basis in Malta shall adhere to conduct.

any directives or guidelines regulating the professional conduct of

warrant holders and practising certificate holders, code of ethics,

standards of competency and integrity and independence to be kept

by the profession.

(1)

A temporary service provider shall be prohibited Sanctions.

by the Board from providing accountancy services in Malta where,

following an enquiry held by a disciplinary committee appointed

under article 7(16) of the Act, the temporary service provider has

been found guilty of

(a)

a contravention of these regulations; or

(b)

a contravention of the directives or guidelines

regulating the professional conduct of warrant holders and

practising certificate holders, code of ethics, standards of

competency and integrity and independence to be kept by the

profession mentioned in regulation 10.

B B 1248

(2) A decision of the Board taken pursuant to sub-regulation

(2) shall be subject to appeal in terms of article 15B of the Act.

The provisions of these regulations shall apply mutatis

Application to

certain audit

mutandis to any work or service required or permitted by any law to

be provided or rendered by an auditor

Provided that this regulation shall not apply to statutory

audits.

€0.65