Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
22 January 2004 [shall come
into force on 19 February 2004];
29 March 2007 [shall come into force on 1 May
2007];
12 June 2008 [shall come into force on 29 June
2008];
29 January 2009 [shall come into force on 4 March
2009];
11 February 2010 [shall come into force on 31 March
2010];
3 June 2010 [shall come into force on 6 July 2010];
3 March 2011 [shall come into force on 6 April
2011];
22 March 2012 [shall come into force on 25 April
2012];
12 September 2013 [shall come into force on 1 January
2013];
18 April 2013 [shall come into force on 22 May
2013];
9 July 2013 [shall come into force on 7 August
2013];
12 September 2013 [shall come into force on 1 January
2014];
29 October 2015 [shall come into force on 1 January
2016];
15 December 2016 [shall come into force on 1 January
2017];
19 April 2018 [shall come into force on 23 May
2018];
21 June 2018 [shall come into force on 18 July
2018];
20 June 2019 [shall come into force on 16 July
2019];
14 September 2023 [shall come into force on 11 October
2023];
26 September 2024 [shall come into force on 17 October
2024];
19 June 2025 [shall come into force on 16 July
2025];
4 September 2025 [shall come into force on 11 September
2025].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted
and the President has proclaimed the following law:
Law on Audit
Services
[15 December 2016]
Chapter I
General Provisions
Section 1. Terms Used in this
Law
(1) The following terms are used in this Law:
1) opinion - an integral part of an auditor's report
which states a clearly expressed view on whether the financial
statements included in the annual statement, also in the
consolidated annual statement, present a fair and clear view of
the financial position, profits or losses, and cash flow of the
relevant client in accordance with the relevant financial
statement preparation principles (standards) and conform to the
legal acts. There may be an opinion without reservations, an
opinion with reservations, and a negative opinion;
2) audit working papers - materials which are prepared
for a sworn auditor or a commercial company of sworn auditors or
which are prepared, obtained, and stored by a sworn auditor or
commercial company of sworn auditors and which are related to the
provision of audit services. The audit working papers may be
prepared in printed form, on electronic data carriers, or in
other form [for example, documents the information included
wherein is formed by an image or sound and which are perceived
and used via a relevant equipment (audiovisual and
cinematographic records, photographs, and sound records)];
3) [19 June 2025];
4) client - a merchant, a State or local government
authority, an association or foundation, or any other person who
receives an audit service in accordance with this Law;
5) [19 April 2018];
6) self-employed person - a natural person who earns
employment income independently without entering into contractual
employment relationship with an employer as a paid employee, and
does not hold a position that gives the right to remuneration. A
natural person who is a member (shareholder) of a partnership and
earns employment income based on a contract entered into with
such partnership and the assignor of an audit task shall also be
considered a self-employed person;
7) auditor's report - a written document prepared by a
sworn auditor or the responsible auditor of a commercial company
of sworn auditors regarding the audit (review) of the annual
statement and consolidated annual statement;
8) audit service:
a) the audit (review) of a client's annual statement, also
consolidated annual statement, specified in the legal acts and
the provision of an auditor's report;
b) the performance of an audit task upon request specified by
law of the Commercial Register institution, an investigative
institution, a prosecutor, a judge, or a court in the cases
specified in the law;
c) the financial audit of State and local government
authorities and the provision of an auditor's report, and also
the provision of an opinion on the report on the financial
year;
d) the performance of an audit task provided for in other
legal acts or an audit service contract;
e) the limited review of a client's annual statement specified
in the legal acts and the provision of a review report;
9) [19 June 2025];
10) audit task - the review of an annual statement,
also a consolidated annual statement, of a client, and also the
review of the economic activities of a client in accordance with
the law or a contract entered into;
11) [19 April 2018];
12) international auditing standards recognised in
Latvia - the international auditing standards, the
international standards on review engagements, the international
quality management standards that are issued by the International
Auditing and Assurance Standards Board of the International
Federation of Accountants and determined by the Latvian
Association of Sworn Auditors, and the statements and standards
related thereto insofar as they are related to audit
services;
121) international auditing standards for public
sector recognised in Latvia - the international standards
determined by the Auditor General for supreme audit
institutions;
13) network of commercial companies of auditors -
cooperation between sworn auditors, commercial companies of sworn
auditors, Member State or third country auditors or commercial
companies of auditors the purpose of which is income or cost
allocation, joint administration or ownership, joint quality
assurance policy and procedures, or joint strategy for commercial
activities and which provides for the partners of this
cooperation to use the same commercial company or a significant
portion of the professional resources at the disposal of these
cooperation partners;
14) third country - a country which is not a European
Union Member State or a country of the European Economic
Area;
141) Member State - a European Union Member
State or a country of the European Economic Area;
15) third country auditor - a natural person who, in
accordance with the laws of a third country, is entitled to
provide an audit service and, in the relevant case, a
sustainability report assurance service and who is not an auditor
of the Member State;
16) third country commercial company of auditors - a
commercial company of any type registered in a third country
which, in accordance with the laws of a third country, is
entitled to provide an audit service and, in the relevant case, a
sustainability report assurance service and which is not a
commercial company of auditors of the Member State;
17) [19 June 2025];
18) competent authority of the Member State - an
authority to which the responsibility for the supervision of the
auditor and the commercial company of sworn auditors and also the
audit services provided thereby is specified in the legal acts of
the relevant Member State, and of which the relevant Member State
has notified the European Commission;
19) auditor of the Member State - a natural person who
is approved by the competent authority of the Member State other
than the Republic of Latvia (hereinafter - another Member State)
to be entitled to carry out an audit (review) of the annual
statement and the consolidated annual statement of the commercial
company registered in this another Member State;
20) commercial company of auditors of the Member State
- a commercial company of any type registered in another Member
State which has been approved by the competent authority of this
another Member State as entitled to carry out an audit (review)
of the annual statement and the consolidated annual statement of
the commercial company registered in this another Member
State;
21) competent authority of the third country - an
authority to which the competence to carry out the supervision of
auditors of this third country and commercial companies of
auditors of the third country, and also the audit services
provided by them, has been granted under the legal acts of the
third country;
22) State or local government authority - a State or
local government institution, a derived public entity fully or
partly financed from the State or local government budget, and
also a State or local government agency;
23) sustainability report assurance service -
performance of the assurance engagement of the sustainability
report, also the consolidated sustainability report (if such has
been prepared), of the subject (client) and the preparation of an
assurance report laid down in the Law on Sustainability
Disclosures;
24) lead sustainability auditor - a sworn auditor who
has been designated by the management of a commercial company of
sworn auditors as the auditor being primarily responsible for
carrying out the specific assurance engagement of the
sustainability report and who signs the assurance report on
behalf of the commercial company of sworn auditors. In case of
the consolidated sustainability report assurance service, it is a
sworn auditor who has been designated by the commercial company
of sworn auditors as the auditor being primarily responsible for
carrying out the specific assurance engagement of the
consolidated sustainability report at the level of the group of
companies (group), or a sworn auditor who has been designated by
the commercial company of sworn auditors as the auditor being
primarily responsible for carrying out the assurance engagement
of the sustainability report of material subsidiaries of the
group of companies (group);
25) assurance report - a written document prepared by a
sworn auditor or the lead sustainability auditor designated by
the management of a commercial company of sworn auditors on the
review results of the sustainability report and the consolidated
sustainability report (if there is an obligation to prepare one)
of the client.
26) professional code of ethics - the International
Code of Ethics for Professional Accountants (including the
International Independence Standards) approved by the
International Federation of Accountants.
(11)The term "public-interest entity" used in this
Law corresponds to the term "public-interest entity" included in
Regulation (EU) No 537/2014 of the European Parliament and of the
Council of 16 April 2014 on specific requirements regarding
statutory audit of public-interest entities and repealing
Commission Decision 2005/909/EC (hereinafter - Regulation No
537/2014), and it constitutes:
1) a commercial company which is registered in Latvia and the
transferable securities of which are admitted to trading on the
regulated market of Latvia or any other Member State;
2) a financial institution.
(12) Within the meaning of this Law, a financial
institution is:
1) a credit institution which operates in accordance with the
Credit Institution Law;
2) an insurance and reinsurance undertaking which operates in
accordance with the Insurance and Reinsurance Law;
3) an open pension fund which operates in accordance with the
Private Pension Fund Law;
4) an investment management company which operates in
accordance with the Law on Investment Management Companies;
5) a licensed payment institution and an electronic money
institution which operate in accordance with the Law on Payment
Services and Electronic Money and the operation of which
corresponds to all of the following criteria:
a) more than 50 per cent of its clients are natural persons
who are residents of the Republic of Latvia;
b) it opens payment accounts for natural persons who are
residents of the Republic of Latvia;
c) the total amount of payments made within a year exceeds EUR
100 000 000;
6) an investment firm which conforms to:
a) the term "credit institution" defined in Section 1,
Paragraph two, Clause 1 of the Credit Institution Law and which
has received a licence (permit) of a credit institution in
accordance with the requirements of Section 11.2 of
the Credit Institution Law;
b) the term "investment firm" defined in Section 1, Paragraph
one, Clause 6 of the Law on Investment Firms and which, in
accordance with Section 3, Paragraph three of the Law on
Investment Firms, applies the prudential requirements provided
for in the Credit Institution Law and in the regulations issued
by Latvijas Banka on the basis thereof.
(2) The term "international accounting standards" used in this
Law corresponds to the definition included in Regulation (EC) No
1606/2002 of the European Parliament and of the Council of 19
July 2002 on the application of international accounting
standards.
(3) The term "related parties" used in this Law corresponds to
the term used in IAS 24 "Related party disclosures" referred to
in Annex to Regulation (EC) No 1126/2008 of 3 November 2008
adopting certain international accounting standards in accordance
with Regulation (EC) No 1606/2002 of the European Parliament and
of the Council.
(4) The term "a sworn auditor and a commercial company of
sworn auditors providing audit services to public-interest
entities" used in this Law shall be used in the meaning of the
sworn auditor and commercial company of sworn auditors which have
provided audit services to a public-interest entity at least once
in three years after the audit services quality control referred
to in Section 35.1, Paragraph one of this Law. This
term corresponds to the term "statutory auditor and an audit firm
carrying out statutory audits of a public-interest entity" used
in Regulation No 537/2014.
(5) The terms "transferable securities", "regulated market",
and "regulated market operator" used in this Law correspond to
the terms used in the Financial Instrument Market Law.
(6) The terms "sustainability report" and "consolidated
sustainability report" used in this Law correspond to the terms
used in the Law on Sustainability Disclosures.
(7) The term "data reporting services provider" used in this
Law corresponds to the term used in Regulation (EU) No 600/2014
of the European Parliament and of the Council of 15 May 2014 on
markets in financial instruments and amending Regulation (EU) No
648/2012.
[22 January 2004; 12 June 2008; 9 July 2013; 29 October
2015; 15 December 2016; 19 April 2018; 21 June 2018; 20 June
2019; 14 September 2023; 26 September 2024; 19 June 2025 /
See Paragraph 36 of Transitional Provisions]
Section 2. Purpose and Scope of
Application of the Law
(1) The purpose of this Law is to govern the legal basis of
such professional activities of persons which are manifested as
audit services and sustainability report assurance services and
to ensure the supervision of professional activities of such
persons in order to promote a stable, safe, and credible market
of audit services and to protect the common interests of the
public (as the user of annual statements and consolidated annual
statements).
(2) The Law shall apply to sworn auditors, commercial
companies of sworn auditors, recipients of audit services and
sustainability report assurance services, public-interest
entities, and also competent authorities in the field of the
supervision of professional activities of sworn auditors and
commercial companies of sworn auditors, and public-interest
entities.
(21) The requirements laid down in this Law for the
audit service, the conditions, rights and obligations specified
for the provider of the audit service, and the supervision of
such service provider shall also apply to the sustainability
report assurance service and its provider, except for the cases
specified in this Law where specific requirements are provided
for the sustainability report assurance service and its
provider.
(3) The Law prescribes:
1) the procedures for the obtaining and registration of the
sworn auditor certificate and the licence for a commercial
company of sworn auditors;
11) the procedures by which a sworn auditor and a
commercial company of sworn auditors are granted the right to
provide the sustainability report assurance service and the
procedures for registering such a right;
2) the requirements for the independence, objectivity, and
professional ethics of sworn auditors and commercial companies of
sworn auditors, the regulations of professional activities, and
the liability for the failure to comply with the requirements
laid down in this Law and Regulation No 537/2014;
3) the rights and obligations of the recipients of audit
services;
4) the competent authorities in the field of the supervision
of the professional activities of sworn auditors and commercial
companies of sworn auditors, the obligations and rights of such
institutions and authorities;
5) the legal basis for the establishment, operation, and
supervision of the audit committee of a public-interest
entity;
6) the regulations for ensuring the application of Regulation
No 537/2014.
[15 December 2016; 19 April 2018; 26 September 2024; 19
June 2025]
Section 3. Sworn Auditors and
Commercial Companies of Sworn Auditors
(1) Only sworn auditors and commercial companies of sworn
auditors which conform to the requirements laid down in this Law
are entitled to provide audit services.
(2) A sworn auditor may provide audit services as:
1) a sole proprietorship;
2) a responsible sworn auditor appointed by a commercial
company of sworn auditors;
3) a self-employed person.
(3) A commercial company of sworn auditors may be a commercial
company of any type.
[19 April 2018; 19 June 2025]
Section 3.1 Special
Provisions for Sustainability Report Assurance Service
Providers
The sustainability report assurance service shall be provided
by:
1) a sworn auditor or commercial company of sworn auditors
which at the same time is the responsible sworn auditor of the
annual statement or, if the client is the parent undertaking of a
group of companies, the consolidated annual statement of the
relevant client;
2) another sworn auditor or commercial company of sworn
auditors which at the same time is not the responsible sworn
auditor of the annual statement or, if the client is the parent
undertaking of a group of companies, the consolidated annual
statement of the relevant client;
3) several sworn auditors who provide the sustainability
report assurance service as sole proprietorships or self-employed
persons, or several commercial companies of sworn auditors who
have agreed to jointly provide the sustainability report or
consolidated sustainability report assurance service (if there is
an obligation to prepare one).
[26 September 2024]
Section 4. Status of a Sworn
Auditor
(1) A natural person shall obtain the status of a sworn
auditor after such person has passed a sworn auditor
qualification examination in accordance with the procedures laid
down in this Law, has obtained the sworn auditor certificate
issued by the Latvian Association of Sworn Auditors, and has been
registered in the Sworn Auditor Register.
(2) The status of a sworn auditor is valid only during the
period of validity of the sworn auditor certificate.
Section 5. Status of a Commercial
Company of Sworn Auditors
(1) A commercial company shall obtain the status of a
commercial company of sworn auditors after it has obtained, in
accordance with the procedures laid down in this Law, a licence
issued by the Latvian Association of Sworn Auditors and has been
registered with the Register of Commercial Companies of Sworn
Auditors.
(2) The status of a commercial company of sworn auditors is
valid only during the period of validity of the licence.
Chapter
II
Latvian Association of Sworn Auditors
Section 6. Status, Purpose of
Activities, and Tasks of the Latvian Association of Sworn
Auditors
(1) The Latvian Association of Sworn Auditors is an
independent professional corporation of Latvian sworn
auditors.
(2) All the sworn auditors and commercial companies of sworn
auditors of Latvia are, on the principle of professional
activity, united in the Latvian Association of Sworn
Auditors.
(3) The Latvian Association of Sworn Auditors shall supervise
that the professional activities of sworn auditors in the field
of provision of audit services and sustainability report
assurance services conform to the requirements of this Law, other
legal acts governing the provision of such services, the
requirements of the international auditing standards recognised
in Latvia, standards for sustainability report assurance, and
also the international auditing standards for public sector
recognised in Latvia, and the norms of the professional code of
ethics.
(4) The Latvian Association of Sworn Auditors shall:
1) [19 June 2025];
2) organise qualification examinations for sworn auditors;
3) decide on the issuance or cancellation of a sworn auditor
certificate, suspension and restoration of the validity
thereof;
31) decide on the issuance, re-registration, and
cancellation of a licence for a commercial company of sworn
auditors, suspension or restoration of the validity thereof;
4) keep the Sworn Auditor Register and the Register of
Commercial Companies of Sworn Auditors;
5) [19 June 2025];
6) organise and supervise the continuation of education and
improvement of professional qualification of sworn auditors as
part of the further education process recognised by the Latvian
Association of Sworn Auditors;
7) perform the quality control of the audit services and
sustainability report assurance services provided by sworn
auditors and commercial companies of sworn auditors;
8) perform other tasks laid down in laws and its articles of
association.
(5) To finance the operation of the Latvian Association of
Sworn Auditors, its members shall pay an annual fee in the amount
specified by the general meeting of the Association.
(6) The Latvian Association of Sworn Auditors shall inform the
public of its activities once a year. The Latvian Association of
Sworn Auditors shall make the abovementioned information
available on its website each year by 31 March as well as send it
to the Ministry of Finance.
[12 June 2008; 22 March 2012; 18 April 2013; 19 April 2018;
19 June 2025]
Section 7. Administrative Bodies and
Permanent Committees of the Latvian Association of Sworn
Auditors
(1) The supreme administrative body of the Latvian Association
of Sworn Auditors is the general meeting. It shall elect the
chairperson of the board of the Latvian Association of Sworn
Auditors, members of the board and establish the permanent
committees.
(2) The permanent committees shall operate in accordance with
the articles of association of the Latvian Association of Sworn
Auditors and shall implement the decisions of the general meeting
and the board.
[19 April 2018]
Chapter
III
Qualification Examinations for Sworn Auditors
Section 8. Specific Requirements for
Applicants
(1) An applicant for sworn auditor may be a natural person
with the capacity to act who meets all the requirements referred
to in this Section:
1) has reached 25 years of age;
2) has obtained higher education in the Republic of Latvia or
in a foreign country in the field of economics, management, or
finances or also has obtained the qualification of an auditor of
the relevant foreign country. The decision to recognise the
documents certifying the relevant education issued by foreign
countries shall be taken by the Latvian Association of Sworn
Auditors in conformity with the procedures laid down in the
Education Law;
3) is fluent in the Latvian language;
4) has acquired at least three-year experience which is
recognised by the Latvian Association of Sworn Auditors in the
auditing of annual statements of clients and also in financial
auditing. At least two-thirds of the abovementioned length of
experience must be obtained under the supervision of an auditor
of a Member State or in a commercial company of auditors of a
Member State;
41) [19 June 2025];
5) has a perfect reputation (none of the conditions referred
to in Section 9 of this Law is applicable).
(2) In order for an applicant who meets the requirements of
Paragraph one of this Section to acquire the right to take the
qualification examination in the field of sustainability, he or
she must obtain eight months of experience recognised by the
Latvian Association of Sworn Auditors in performing a
sustainability report assurance engagement or preparing a
sustainability report. These eight months of experience may be
counted as part of the period of three years referred to in
Paragraph one, Clause 4 of this Section.
[22 January 2004; 15 December 2016; 26 September 2024; 19
June 2025]
Section 8.1 Training of
Applicants
(1) A precondition for taking a sworn auditor qualification
examination shall be training in the subjects of qualification
examination which is attested by a document certifying the
completion of the training issued by the training organisers.
(2) The Latvian Association of Sworn Auditors shall develop
and approve the content of the training programmes of applicants
and publish it on its website.
(3) An applicant shall undergo the training referred to in
Paragraph one of this Section at the Latvian Association of Sworn
Auditors or another training organiser. Any training organiser
shall ensure that the training content conforms to the content of
the training programme for applicants approved by the Latvian
Association of Sworn Auditors. A document certifying the
completion of the training shall be issued to the applicant for
the acquisition of the relevant training.
(4) The Cabinet shall determine the process of the training
referred to in Paragraph one of this Section, the minimum
content, and the information to be included in the document
certifying the completion of the training.
(5) The applicant has the obligation to submit a derivative
(copy) of the document certifying the completion of the training
to the Latvian Association of Sworn Auditors before taking each
sworn auditor qualification examination.
[26 September 2024; 19 June 2025 / See Paragraph 35
of Transitional Provisions]
Section 9. Persons who May not be
Sworn Auditors
(1) A sworn auditor may not be a person to whom at least one
of the following conditions referred to in this Section applies,
that is, a person:
1) in relation to whom insolvency proceedings of a natural
person have been declared;
2) who is a defendant or an accused in criminal proceedings
for the commission of an intentional criminal offence;
3) who has been convicted of committing an intentional
criminal offence (irrespective of whether the criminal record of
a person has been extinguished or set aside), except for the case
referred to in Paragraph two, Clause 1 of this Section;
4) against whom the criminal proceedings regarding commitment
of an intentional criminal offence have been terminated for
reasons other than exoneration, except for the case referred to
in Paragraph two, Clause 2 of this Section;
5) [19 June 2025];
6) whose occupation is not compatible with the professional
activity of a sworn auditor due to ethical considerations.
(2) When conducting an individual evaluation, the Latvian
Association of Sworn Auditors may permit the following person to
become a sworn auditor:
1) a person who is subject to the restriction specified in
Paragraph one, Clause 3 of this Section if the respective person
committed the intentional criminal offence while being a minor
and the criminal record for this criminal offence has been
extinguished or set aside;
2) a person who is subject to the restriction specified in
Paragraph one, Clause 4 of this Section if the respective person
committed the intentional criminal offence while being a
minor.
[22 March 2012; 19 June 2025]
Section 10. Procedures for the
Submission and Examination of Applications of Applicants
(1) The applicant shall submit to the Latvian Association of
Sworn Auditors a written application for the recognition of
experience. The applicant shall certify in his or her application
that he or she meets the requirements laid down in Section 8 of
this Law and that none of the circumstances referred to in
Section 9 of this Law apply to him or her. The applicant shall
attach to the application:
1) derivatives (copies) of the documents certifying education
and confirming that he or she has obtained higher education in
the Republic of Latvia or in a foreign country in the field of
economics, management, or finances or also has obtained, in a
foreign country, the qualification of an auditor of the relevant
foreign country;
2) documents certifying that the applicant has acquired at
least three-year experience in the auditing (reviewing) of annual
statements of a client, and also in financial auditing;
3) documents certifying that the applicant has acquired the
experience of eight months referred to in Section 8, Paragraph
two of this Law in the field of sustainability (if the applicant
takes the examination in the field of sustainability).
(2) The applicant shall submit to the Latvian Association of
Sworn Auditors a written application for the taking of sworn
auditor qualification examinations. In order for the applicant to
acquire the right to provide also sustainability report assurance
services, the applicant shall indicate in the application that he
or she will take the examination in the fields specified in
Section 14, Paragraph two of this Law, and also the date when the
Latvian Association of Sworn Auditors has taken the decision to
recognise the experience referred to in Section 8, Paragraph one,
Clause 4 and Paragraph two of this Law.
(3) After receipt of the application and the documents
attached thereto, the Latvian Association of Sworn Auditors shall
examine the application and the documents attached thereto within
one month and take the decision to recognise the experience and
the decision on the right of the applicant to take sworn auditor
qualification examinations or on the refusal.
(4) The decision of the Latvian Association of Sworn Auditors
of Latvia shall be notified to an applicant in writing.
(5) If the applicant has received a refusal because the
application and the documents attached thereto are incomplete or
do not prove conformity to the requirements laid down in Section
8 of this Law, he or she may resubmit the application to the
Latvian Association of Sworn Auditors only after rectification of
the relevant deficiencies. A repeated application may not be
submitted by a person who may not be a sworn auditor in
accordance with Section 9, except for the cases where the
circumstances which preclude such person from being a sworn
auditor have ceased to exist.
(6) Examination of applications for the recognition of
experience and applications for the taking of sworn auditor
qualification examinations shall be charged for. The procedures
for making the payment and the amount thereof shall be determined
by the Cabinet.
[22 January 2004; 26 September 2024; 19 June 2025]
Section 11. General Provisions for
Sworn Auditor Qualification Examinations
(1) The sworn auditor qualification examinations shall examine
whether the applicants have an adequate level of theoretical
knowledge as well as the ability to apply such theoretical
knowledge in practical work so that they might perform the
professional activity referred to in Section 2 of this Law
appropriately in conformity with the laws and with the
international auditing standards recognised in Latvia.
(11) If the sworn auditor or the applicant has
indicated in the application that he or she wishes to be granted
the right to provide the sustainability report assurance service,
the qualification examination in the field of sustainability
shall examine whether he or she has an adequate level of
theoretical knowledge in the field of sustainability, and also
the ability to apply such theoretical knowledge in practice when
providing sustainability report assurance services.
(2) Sworn auditor qualification examinations and qualification
examination in the field of sustainability (hereinafter
collectively - the sworn auditor qualification examinations)
shall be taken in writing, in the Latvian language.
(21) An applicant who has received the document
certifying the completion of the training referred to in Section
8.1 of this Law is entitled to take the sworn auditor
qualification examination.
(3) Sworn auditor qualification examinations shall be charged
for. The procedures for making the payment and the amount thereof
shall be determined by the Cabinet.
[22 January 2004; 26 September 2024; 19 June 2025]
Section 12. Organisation of Sworn
Auditor Qualification Examinations
(1) Sworn auditor qualification examinations shall be
organised and held by the Latvian Association of Sworn
Auditors.
(2) By-laws for sworn auditor qualification examinations,
indicating the number and names of the examination subjects,
their programmes, the rules for the establishment of the
examination commission, the procedures for the acceptance and
examination of applications and also for the preparation, course,
and evaluation of examinations shall be approved by the Latvian
Association of Sworn Auditors after agreement with the Ministry
of Finance.
(3) The sworn auditor qualification examination commission
shall be established by the Latvian Association of Sworn
Auditors.
[22 January 2004; 19 June 2025]
Section 13. Recognition of
Professional Qualifications Obtained Abroad
The Latvian Association of Sworn Auditors shall recognise the
qualifications of such person who has obtained his or her
professional qualification in a foreign country (an EU Member
State, a country of the European Economic Area, or a third
country) as equal to the qualifications of a sworn auditor and
shall issue the sworn auditor certificate to him or her if such
foreign auditor conforms to all the conditions referred to in
this Section:
1) in accordance with the procedures laid down in the
Education Law, has submitted a document certifying a professional
qualification recognised by the Latvian Association of Sworn
Auditors which confirms that its holder is entitled, in
accordance with the laws of the relevant foreign country, to
perform professional activities in that country which, in
accordance with the laws of Latvia, are performed by a sworn
auditor;
2) has passed such part of the subjects of the sworn auditor
qualification examinations, arranged by the Latvian Association
of Sworn Auditors, which include a test of the knowledge of
applicants in public law, the Civil Law, labour law, and laws
governing social guarantees, commercial activity and insolvency
laws and tax laws, and also, in the relevant case, a test of the
knowledge of applicants in the requirements for the provision of
the sustainability report and assurance report;
3) [3 June 2010];
4) has been recorded in the relevant register of auditors of a
foreign country (European Union Member State, country of the
European Economic Area, or third country).
[12 June 2008; 3 June 2010; 15 December 2016; 26 September
2024]
Section 14. Content of Sworn Auditor
Qualification Examinations
(1) The programmes of subjects for sworn auditor qualification
examinations shall include questions and tasks which are directly
linked to the audit (review) of annual statements and
consolidated annual statements, or linked to them indirectly,
insofar as they are applicable to the provision of audit
services, and which allow to determine the knowledge of
applicants in the following areas:
1) theory and technique of an audit, international auditing
standards;
2) preparation and analysis of annual statements and
consolidated annual statements, accounting methods, and the
regulations for evaluation;
3) financial and management accounting;
4) internal audit;
5) public law, the Civil Law, labour law, and laws governing
social guarantees;
6) commercial activity and insolvency laws;
7) tax laws;
8) information and computer systems;
9) general and financial economics;
10) management and analysis of commercial activity risk;
11) basic principles for financial management;
12) mathematics and statistics;
13) international accounting standards;
14) professional ethics and independence.
(2) The programme of the qualification examination in the
field of sustainability shall include questions and tasks which
are directly linked to the sustainability report assurance and
other services related to sustainability and which allow to
determine the knowledge of applicants in the following areas:
1) legal framework and standards in relation to the content
and preparation of the sustainability report and consolidated
sustainability report;
2) sustainability analysis;
3) due diligence processes in relation to sustainability
matters;
4) legal framework and standards in relation to the procedures
for the provision of the sustainability report assurance.
[22 January 2004; 12 June 2008; 26 September 2024; 19 June
2025]
Section 15. Procedures for the
Announcement of the Results of Sworn Auditor Qualification
Examinations
(1) The decision on the results of the sworn auditor
qualification examinations shall be taken by the Latvian
Association of Sworn Auditors not later than within two months
after the date of the relevant examination, on the basis of the
minutes confirmed by the sworn auditor qualification examinations
commission, and shall be made known to applicants within 10 days
after taking of the decision.
(2) If an applicant has not passed a sworn auditor
qualification examination, such examination may be taken again
during one of the following examination periods.
(3) The work of an applicant at a sworn auditor qualification
examination shall be regarded as restricted access information
and shall be stored in the relevant file at the archives of the
Latvian Association of Sworn Auditors.
(4) An applicant has the right to become acquainted with the
evaluation of his or her work for the sworn auditor qualification
examination and to submit a complaint regarding it to the Latvian
Association of Sworn Auditors within one month from the day when
the applicant has received a notification of the results of the
sworn auditor qualification examination.
[22 January 2004; 19 June 2025]
Chapter
IV
Procedures for the Issuance, Suspension of Validity, or
Cancellation of the Sworn Auditor Certificate, the Sworn Auditor
Register
Section 16. Procedures for the
Issuance of the Sworn Auditor Certificate
(1) The Latvian Association of Sworn Auditors shall take a
decision and shall issue the sworn auditor certificate to
applicants who have passed the relevant sworn auditor
qualification examinations and afterwards have certified again in
writing that none of the conditions referred to in Section 9 of
this Law apply to them, and shall specify the date for the
signing of the oath of a sworn auditor and for the issuance of
the certificate.
(2) Before receipt of the sworn auditor certificate,
applicants who wish to become sworn auditors shall sign the
following text of the oath: "I swear to comply with the laws of
the Republic of Latvia, the articles of association of the
Latvian Association of Sworn Auditors and to fulfil my duties
honourably, acknowledging that for violation of this oath I shall
be liable before the public and the law."
(3) The signed oath of a sworn auditor shall be stored in the
relevant file in the archives of the Latvian Association of Sworn
Auditors.
[12 June 2008]
Section 16.1 Granting the
Right to Provide the Sustainability Report Assurance Service to a
Sworn Auditor
(1) A sworn auditor shall commence the provision of the
sustainability report assurance service only after an entry is
made in the Sworn Auditor Register that the sworn auditor is
entitled to provide the sustainability report assurance
service.
(2) To make the entry referred to in Paragraph one of this
Section in the Sworn Auditor Register, a sworn auditor shall,
after passing the qualification examination in the field of
sustainability, submit to the Latvian Association of Sworn
Auditors an application for making an entry in the Sworn Auditor
Register and shall submit a document which certifies that the
further education requirements in the field of sustainability
referred to in Section 28.2, Paragraph two of this Law
have been met. Examination of the application shall be charged
for. The procedures for making the payment and the amount thereof
shall be determined by the Cabinet.
(3) If the Latvian Association of Sworn Auditors has taken the
decision to refuse to make an entry in the Sworn Auditor Register
on the right of the sworn auditor to provide the sustainability
report assurance service, the sworn auditor is entitled to, after
rectification of the deficiencies referred to in the decision,
submit a new application to the Latvian Association of Sworn
Auditors for making an entry in the Sworn Auditor Register.
[26 September 2024; 19 June 2025]
Section 17. Procedures for the
Suspension and Restoration of the Validity of the Sworn Auditor
Certificate
(1) If it is found after the issuance of the sworn auditor
certificate that any of the conditions referred to in Section 9,
Clause 2 or 6 of this Law is applicable to the person who has
received such certificate, the Latvian Association of Sworn
Auditors shall suspend the validity of the sworn auditor
certificate for a specific period.
(2) The Latvian Association of Sworn Auditors shall also
suspend the validity of the sworn auditor certificate for the
persons who, in accordance with Section 28, Paragraph two of this
Law, have submitted an application to suspend the validity of the
sworn auditor certificate for a specific period, indicating the
reason for and duration of the suspension.
(21) The Latvian Association of Sworn Auditors
shall make an entry in the Sworn Auditor Register on the
suspension of the validity of the relevant sworn auditor
certificate for the period determined by the Ministry of Finance
when taking the decision to impose an administrative measure on
this sworn auditor in accordance with Section 38.6,
Paragraph one, Clause 2 of this Law.
(3) During the period when the validity of the certificate is
suspended, a sworn auditor is not entitled to enter into new
contracts for the provision of audit services but is entitled to
continue to provide audit services according to the contracts
entered into before the validity of the certificate was
suspended. If, during the period when the validity of the
certificate is suspended, a sworn auditor continues the provision
of audit services according to contracts which were entered into
prior to the day when the validity of the certificate was
suspended, the Latvian Association of Sworn Auditors shall ensure
the supervision of professional activity of the sworn auditor in
accordance with the procedures stipulated by it until fulfilment
of such contracts which were entered into prior to the day when
the validity of the certificate was suspended.
(4) Contesting or appealing of the decision of the Latvian
Association of Sworn Auditors to suspend the operation of a sworn
auditor certificate shall not suspend the operation of such
decision.
(5) If the validity of the sworn auditor certificate has been
suspended for a period longer than five consecutive years, in
order to restore the validity thereof, the sworn auditor shall,
within the last three years prior to the expiry of the suspension
period of the validity of the certificate, acquire at least
one-year audit experience under the supervision of a Latvian
sworn auditor or a foreign certified auditor working in a Latvian
commercial company of sworn auditors.
(6) In order to restore the validity of the suspended sworn
auditor certificate, the sworn auditor shall, not later than two
weeks before the expiry of the suspension period of the sworn
auditor certificate, submit to the Latvian Association of Sworn
Auditors an application for the restoration of the validity of
the certificate together with a certification indicating that he
or she meets the requirements of Section 8, Paragraph one, Clause
5 of this Law and that none of the circumstances referred to in
Section 9 of this Law apply to him or her. The sworn auditor
shall indicate information in the application on the fact that
the reasons for the suspension of the validity of the certificate
no longer exist or that the violations due to which the validity
of the certificate was suspended have been rectified.
(7) The Latvian Association of Sworn Auditors is entitled to
apply the tacit approval referred to in the Freedom to Provide
Services Law if, after receipt of all the documents referred to
in Paragraph six of this Section, it has not, within the period
laid down in the Administrative Procedure Law, taken the decision
to refuse to restore the validity of the sworn auditor
certificate and has not notified of this fact.
[22 January 2004; 22 March 2012; 15 December 2016; 19 April
2018; 19 June 2025]
Section 18. Cancellation of the
Sworn Auditor Certificate
(1) The Latvian Association of Sworn Auditors shall cancel the
sworn auditor certificate if:
1) after the issuance thereof, it is revealed that any of the
circumstances referred to in Section 9, Clauses 1, 3, 4, and 5 of
this Law apply to the sworn auditor who has received this
certificate or that the sworn auditor has not complied with the
requirements referred to in Section 8 of this Law, or has
provided false information on the circumstances referred to in
Section 9 of this Law;
2) the sworn auditor has been recognised as lacking the
capacity to act by a court ruling or has died;
3) the sworn auditor has not commenced the provision of audit
services within 12 months from the day of receipt of the
certificate, except when the validity of the sworn auditor
certificate has been suspended, or from the day of restoration of
the validity;
4) the sworn auditor has not paid the annual fee in the amount
specified by the general meeting of the Latvian Association of
Sworn Auditors;
5) the sworn auditor has grossly violated the norms of the
professional code of ethics during a period when he or she is not
providing professional services;
6) the sworn auditor has submitted an application for the
cancellation of the sworn auditor certificate.
(2) The Latvian Association of Sworn Auditors is entitled to
decide on the cancellation of the sworn auditor certificate if a
sworn auditor the validity of whose certificate has been
suspended has not submitted an application for the restoration of
the validity of the sworn auditor certificate within the period
referred to in Section 17, Paragraph six of this Law.
(3) If the Ministry of Finance has taken the decision to
impose the sanction, i.e. the cancellation of the sworn auditor
certificate, the Latvian Association of Sworn Auditors shall make
an entry in the Sworn Auditor Register on the fact that the
relevant sworn auditor certificate has been cancelled.
[19 June 2025]
Section 18.1 Provision of
Information on the Suspension and Cancellation of the Validity of
the Sworn Auditor Certificate
(1) If the validity of a sworn auditor certificate is
suspended or a sworn auditor certificate has been cancelled for a
person who at the same time is an auditor registered in the
register of another Member State and who is entitled to audit
(review) annual statements and consolidated annual statements of
commercial companies registered in that Member State, the Latvian
Association of Sworn Auditors shall, within five working days,
notify the Ministry of Finance of the relevant fact in writing,
indicating the term and reason for the suspension of the validity
of certificate or the reason for the cancellation of
certificate.
(2) The Ministry of Finance shall, not later than within five
working days, send the information referred to in Paragraph one
of this Section to the competent authority of the relevant Member
State in the field of audit.
[29 January 2009]
Section 19. Sworn Auditor
Register
(1) In order to identify a provider of audit services,
information on a sworn auditor shall be entered in the Sworn
Auditor Register. The Sworn Auditor Register shall be kept,
stored electronically, and regularly updated by the Latvian
Association of Sworn Auditors. The information included in the
Sworn Auditor Register shall constitute information to be stored
permanently.
(11) The Sworn Auditor Register shall have a public
part and a non-public part. The Ministry of Finance shall include
a reference on its website to the website of the Latvian
Association of Sworn Auditors where the public part of the
Register is available.
(2) The public part of the Sworn Auditor Register shall be
available to any person on the website of the Latvian Association
of Sworn Auditors and it shall include the following information
on a sworn auditor:
1) the given name and surname;
2) the address of the place of practice, the telephone number,
the electronic mail address, and the reference to the website
address, if any;
3) the number of the certificate;
4) the date of and basis for the issuance, suspension and
restoration of validity of the certificate;
5) the firm name (with reference to the type of a merchant),
legal address, and website address, and also the registration
number in the Commercial Register of the commercial company of
sworn auditors if the sworn auditor is in an employment
relationship with this commercial company, is a partner thereof,
or is otherwise linked thereto;
51) the note whether the sworn auditor is entitled
to provide the sustainability report assurance service;
6) if a sworn auditor is at the same time a foreign auditor,
indicate the foreign registration institution in the register of
which the auditor has been entered as a provider of the audit
service or sustainability report assurance service and whether
the sworn auditor is the provider of both such services, and also
the registration number if the law of the relevant foreign
country provides for the entering of the abovementioned auditor
in the register, and the transcript of the relevant services.
(21) In order to identify a person who was entitled
to provide audit services before the cancellation of the
certificate, the non-public part of the Sworn Auditor Register
shall include the information referred to in Paragraph two,
Clauses 1 and 3 of this Section on such sworn auditors whose
certificates have been cancelled, indicating the date of and
basis for the cancellation of the certificate. The information
included in the non-public part of the Sworn Auditor Register
shall be stored in accordance with the requirements of the legal
acts governing the document storage, and such information may be
obtained from the Latvian Association of Sworn Auditors in
accordance with the procedures laid down in legal acts until the
expiry of the storage period of such information.
(22) If the given name, surname, or personal
identity number of a sworn auditor changes, the sworn auditor
shall, within two weeks, submit to the Latvian Association of
Sworn Auditors an application for making amendments to the sworn
auditor certificate. The application shall indicate the new given
name, surname, or personal identity number of the sworn
auditor.
(3) If any information referred to in Paragraph two, Clauses
2, 5, and 6 of this Section is subject to change, the sworn
auditor shall submit a relevant statement to the Latvian
Association of Sworn Auditors within two weeks. A statement shall
be attested with a signature by a sworn auditor.
(31) It shall be indicated in the Sworn Auditor
Register that:
1) the Latvian Association of Sworn Auditors carries out the
certification of sworn auditors and quality control of those
audit services and sustainability report assurance services which
are provided by a sworn auditor to the clients that are not
public-interest entities. In addition, the address of the Latvian
Association of Sworn Auditors shall be indicated;
2) the Ministry of Finance shall:
a) impose sanctions and administrative measures on sworn
auditors for violations of professional activities;
b) carry out the quality control of those audit services and
sustainability report assurance services which are provided by a
sworn auditor to the clients that are public-interest
entities;
c) perform the State supervision of the Latvian Association of
Sworn Auditors. In addition, the address of the Ministry of
Finance shall be indicated.
(32) The Sworn Auditor Register shall be maintained
in Latvian. Additionally, the Latvian Association of Sworn
Auditors may maintain the register in any other official language
of a Member State of the European Union. In such case, it shall
be indicated in the register whether the translation is certified
or not.
(4) [19 June 2025]
(5) [3 June 2010]
(6) [3 June 2010]
[12 June 2008; 29 January 2009; 3 June 2010; 15 December
2016; 26 September 2024; 19 June 2025]
Chapter V
Regulations for the Licensing of Commercial Companies of Sworn
Auditors, Register of Commercial Companies of Sworn Auditors
Section 20. Licensing of Commercial
Companies of Sworn Auditors
(1) A commercial company of sworn auditors shall commence the
provision of audit services only after obtaining a licence issued
by the Latvian Association of Sworn Auditors.
(2) The Latvian Association of Sworn Auditors shall issue a
licence for a commercial company of sworn auditors for an
indefinite period.
[19 June 2025]
Section 21. Criteria for the
Issuance of a Licence
(1) A licence for a commercial company of sworn auditors shall
be issued to a commercial company which is entered in the
Commercial Register maintained by the Enterprise Register of the
Republic of Latvia and which conforms to the criteria specified
in Paragraphs two, three, four, and five of this Section.
(2) A member of the general partnership of sworn auditors and
a complimentary of the limited partnership may be only sworn
auditors or commercial companies of sworn auditors, or auditors
of the Member States, or commercial companies of sworn auditors
of the Member States.
(3) In a capital company of sworn auditors, more than 50 per
cent of the voting capital shares or voting stocks shall be owned
by sworn auditors or commercial companies of sworn auditors, or
auditors of the Member States or commercial companies of auditors
of the Member States.
(4) In a capital company of sworn auditors, at least 75 per
cent of the members of the executive board shall be sworn
auditors or auditors of the Member States.
(5) If a commercial company of sworn auditors is a joint-stock
company, it may only issue registered stocks.
(6) The procedures for the work organisation, resource
planning, document management, creation of registers and files
for sworn auditors and commercial companies of sworn auditors
shall conform to the requirements referred to in the Cabinet
regulation issued on the basis of Section 31.1 of this
Law.
(7) [19 June 2025]
[22 January 2004; 12 June 2008; 15 December 2016; 19 June
2025]
Section 21.1 Recognition
of a Licence for a Commercial Company of Auditors Entered in the
Register of Another Member State
(1) By derogation from Section 3, Paragraph one of this Law, a
commercial company of auditors entered in the register of another
Member State is entitled to provide audit services in the
Republic of Latvia if the Ministry of Finance has recognised it
as equal to a commercial company of sworn auditors, it has been
issued a licence for a commercial company of sworn auditors, and
such commercial company is entered in the Register of Commercial
Companies of Sworn Auditors.
(2) The Ministry of Finance shall prepare an opinion if the
following is received:
1) a submission for obtaining (registering) a licence for a
commercial company of auditors entered in the register of another
Member State which contains also a certification that an
auditor's certificate of another Member State has been issued to
the persons who, on behalf of the abovementioned commercial
company, will provide auditor's report on the audit (review) of
the annual statements and consolidated annual statements of a
client, and that the professional qualification of such persons
has been recognised in accordance with the procedures laid down
in Section 13 of this Law;
2) a document issued by the competent authority of the
relevant Member State on the fact that this commercial company of
auditors has been entered in the relevant register of commercial
companies of auditors of this Member State.
(3) Within five working days after receipt of the documents
referred to in Paragraph two of this Section, the Ministry of
Finance shall examine them and inform electronically a commercial
company of auditors entered in the register of another Member
State accordingly that:
1) a licence for a commercial company of sworn auditors or a
refusal will be issued (sent) within one month;
2) the document referred to in Paragraph two, Clause 2 of this
Section has not been submitted and that a licence for a
commercial company of sworn auditors or a refusal will be issued
(sent) within the period referred to in Clause 1 of this
Paragraph only after receipt of all the information referred to
in Paragraph two of this Section.
(4) If all the information referred to in Paragraph two of
this Section is received, the Ministry of Finance shall examine
the abovementioned documents and prepare an opinion on the
recognition of the commercial company of auditors entered in the
register of another Member State as equal to a commercial company
of sworn auditors.
(5) The Ministry of Finance, where necessary, shall cooperate
with the competent authority of the relevant Member State in
order to find out the conditions related to the information
referred to in Paragraph two of this Section.
(6) If it is recognised that a commercial company of auditors
entered in the register of another Member State is equal to a
commercial company of sworn auditors, the Ministry of Finance
shall prepare and, within five working days, send an opinion:
1) to this commercial company;
2) to the Latvian Association of Sworn Auditors.
(7) The Latvian Association of Sworn Auditors shall issue a
licence for a commercial company of sworn auditors to a
commercial company of auditors entered in the register of another
Member State and enter it in the Register of Commercial Companies
of Sworn Auditors on the basis of the opinion of the Ministry of
Finance and concurrently inform the Ministry of Finance
thereof.
(8) The Ministry of Finance shall, within five working days
after receipt of the information referred to in Paragraph seven
of this Section, inform the competent authority of the relevant
Member State of entering of the commercial company of auditors
entered in the register of this other Member State in the
Register of Commercial Companies of Sworn Auditors.
[15 December 2016; 19 June 2025]
Section 22. Procedures for the
Issuance and Re-registration of a Licence
(1) In order to obtain a licence, the applicant who is a
commercial company which conforms to the criteria specified in
Section 21 of this Law shall submit an application to the Latvian
Association of Sworn Auditors certifying that all the information
provided in the application and the documents attached thereto is
true and complete. The following documents certified in
accordance with the procedures laid down in legal acts shall be
attached to the application:
1) the decision of the Commercial Register on the entry in the
Commercial Register, indicating the officials and beneficial
owners of the commercial company;
2) in the case of a capital company, a derivative (copy) of
the articles of association, and in the case of a general
partnership and a limited partnership, a derivative (copy) of the
partnership agreement, if any;
3) in the case of a capital company, a derivative (copy) of
the division of the register of shareholders or stockholders, and
in the case of a general partnership and a limited partnership, a
list indicating for each partner the given name, surname,
personal identity number, and address where the person may be
reached if the partner is a natural person, or the name,
registration number, and registered office if the partner is a
legal person;
4) if a member, shareholder, or stockholder of the commercial
company is an auditor or a commercial company of sworn auditors
of a European Union or European Economic Area country, the
documents certifying that, in accordance with the laws of the
relevant country, its owner is entitled to perform professional
activity in that country which, in accordance with the laws of
Latvia, is performed by a sworn auditor or a commercial company
of sworn auditors, and also a translation of such documents into
the Latvian language;
5) a list of the sworn auditors (indicating sworn auditor
certificate numbers) who will provide audit services on behalf of
the commercial company.
(2) If a commercial company of sworn auditors is reorganised
or independent parts of undertaking thereof are transferred in
accordance with the provisions of the Commercial Law, and any of
the information referred to in Section 24, Paragraph two, Clauses
1, 2, 5, 6, 8, and 9 of this Law and to be entered into the
Register of Commercial Companies of Sworn Auditors changes in the
case of reorganisation, the commercial company that will continue
to provide audit services as a result of the reorganisation
shall, within one month after promulgation of the entry in the
Commercial Register, submit to the Latvian Association of Sworn
Auditors an application for re-registration of the licence for
the commercial company of sworn auditors or for the issuance of a
new licence. The application shall be accompanied by the
reorganisation agreement or another document certifying which
commercial company retains the licence for the commercial company
of sworn auditors issued to the commercial company to be
reorganised.
(3) After receipt of the application and documents referred to
in Paragraphs one and two of this Section, the Latvian
Association of Sworn Auditors shall issue or re-register the
licence or take the decision to refuse the issuance or
re-registration of the licence.
(4) The Latvian Association of Sworn Auditors is entitled to
apply the tacit approval referred to in the Freedom to Provide
Services Law if, after receipt of the application and documents
referred to in Paragraphs one and two of this Section, it has
not, within the period laid down in the Administrative Procedure
Law, taken the decision to refuse to issue the licence and has
not notified of this fact.
(5) If the Latvian Association of Sworn Auditors has taken the
decision to refuse the issuance or re-registration of a licence,
the applicant of the licence which is a commercial company is
entitled to, after rectification of the deficiencies indicated in
the decision, submit a new application for the issuance or
re-registration of the licence to the Latvian Association of
Sworn Auditors.
(6) The examination of the applications referred to in this
Section shall be charged for. The procedures for making the
payment, and also the amount thereof shall be determined by the
Cabinet.
[19 June 2025]
Section 22.1 Granting the
Right to Provide the Sustainability Report Assurance Service to a
Commercial Company
(1) A commercial company of sworn auditors shall commence the
provision of the sustainability report assurance service only
after an entry is made in the Register of Commercial Companies of
Sworn Auditors that the commercial company is entitled to provide
the sustainability report assurance service.
(2) For the entry referred to in Paragraph one of this Section
to be made in the Register of Commercial Companies of Sworn
Auditors, a commercial company of sworn auditors shall submit to
the Latvian Association of Sworn Auditors an application for
making the entry in the Register of Commercial Companies of Sworn
Auditors, indicating which sworn auditors who meet the
requirement specified in Section 16.1, Paragraph one
of this Law have been appointed by the commercial company of
sworn auditors to provide the sustainability report assurance
service. Examination of the application shall be charged for. The
procedures for making the payment and the amount thereof shall be
determined by the Cabinet.
(3) If the Latvian Association of Sworn Auditors has taken the
decision to refuse to make an entry in the Register of Commercial
Companies of Sworn Auditors regarding the right of the commercial
companies of sworn auditors to provide the sustainability report
assurance service, the commercial company is entitled to, after
rectification of the shortcomings referred to in the decision,
submit a new application to the Latvian Association of Sworn
Auditors regarding making an entry in the Register of Commercial
Companies of Sworn Auditors.
[26 September 2024; 19 June 2025]
Section 23. Suspension, Restoration,
and Cancellation of the Validity of a Licence
(1) If the composition of the members of the executive board
or the composition of the members, stockholders or shareholders
of a commercial company of sworn auditors has changed, such
commercial company shall notify the Latvian Association of Sworn
Auditors thereof in writing within one month from the day of
occurrence of the changes.
(11) If a commercial company of sworn auditors
plans to carry out reorganisation, it shall notify the Latvian
Association of Sworn Auditors thereof in writing not earlier than
one month from the day when the decision on reorganisation was
taken.
(2) The Latvian Association of Sworn Auditors is entitled to
cancel the licence issued to a commercial company of sworn
auditors in the following cases:
1) the information provided for the obtaining of the licence
is false;
2) the conditions referred to in Section 21 of this Law have
been violated, or the reporting obligation referred to in
Paragraph one of this Section has not been complied with;
3) the commercial company has not commenced the provision of
audit services within 12 months from the date of receipt of the
licence;
4) the commercial company has suspended the provision of audit
services for a period exceeding 12 months;
5) [19 June 2025];
6) [19 June 2025];
7) the commercial company has submitted a submission for the
cancellation of the licence;
8) none of the commercial companies created as a result of the
reorganisation of a commercial company of sworn auditors has
submitted an application for the re-registration of the licence
issued to the reorganised commercial company of sworn
auditors.
(21) The Latvian Association of Sworn Auditors
shall make an entry in the Register of Commercial Companies of
Sworn Auditors on the fact that the licence for the commercial
company of sworn auditors has been cancelled if the Ministry of
Finance has taken the decision to impose the sanction, i.e. to
cancel the licence for the commercial company of sworn
auditors.
(3) If the Latvian Association of Sworn Auditors has
determined circumstances that allow to decide on the cancellation
of a licence issued, having assessed the nature of violation, it
may take the decision to suspend the validity of the licence the
period of which may not exceed six months.
(31) If the Latvian Association of Sworn Auditors
has established that the suspension of validity of the licence is
necessary in relation to the settlement of an inheritance matter,
it shall take the decision to suspend the validity of the
licence. The period for the suspension of validity of the licence
may not exceed 12 months. The period for the suspension of
validity of the licence may be extended for a time exceeding 12
months if the commercial company of sworn auditors submits to the
Latvian Association of Sworn Auditors an application containing a
justification for the extension of the period for the suspension
of validity of the licence. After receipt of the abovementioned
application, the Latvian Association of Sworn Auditors shall
evaluate the circumstances referred to in the application and
decide on the extension of the period for the suspension of
validity of the licence.
(32) The Latvian Association of Sworn Auditors
shall cancel the issued licence if the commercial company of
sworn auditors has not submitted to the Latvian Association of
Sworn Auditors an application for the extension of the period for
the suspension of validity of the licence within the period
specified in Paragraph 3.1 of this Section, or if such
violations have not been rectified due to which the validity of
the licence for the commercial company of sworn auditors has been
suspended in accordance with Paragraph three of this Section.
(33) The Latvian Association of Sworn Auditors
shall make an entry in the Register of Commercial Companies of
Sworn Auditors on the suspension of the licence for the
commercial company of sworn auditors for the period determined by
the Ministry of Finance when taking the decision to impose an
administrative measure in accordance with Section
38.6, Paragraph one, Clause 2 of this Law on a sworn
auditor who is the sole sworn auditor in the commercial company
of sworn auditors who is entitled to provide audit services on
behalf of this commercial company of sworn auditors.
(4) During the period when the validity of the licence is
suspended, a commercial company of sworn auditors is not entitled
to enter into new contracts for the provision of audit services
but is entitled to continue to provide audit services according
to the contracts entered into before the date when the validity
of the licence was suspended. If, during the period when the
validity of the licence is suspended, the commercial company of
sworn auditors continues the provision of audit services
according to the contracts which were entered into prior to the
day when the validity of the licence was suspended, the Latvian
Association of Sworn Auditors shall ensure the supervision of
professional activity of the commercial company of sworn auditors
in accordance with the procedures stipulated thereby until
fulfilment of such contracts which were entered into prior to the
day when the validity of the licence was suspended.
(41) To restore the validity of a suspended
licence, a commercial company of sworn auditors shall, within one
month prior to the expiry of the period specified in the decision
on the suspension of validity of the licence, submit to the
Latvian Association of Sworn Auditors the application and other
documents referred to in Section 22, Paragraph one of this Law
for the restoration of the licence. The application shall contain
information that the reasons for the suspension of the validity
of the licence no longer exist or that the violations due to
which the validity of the licence was suspended have been
rectified, and also shall certify that the commercial company of
sworn auditors conforms to the criteria specified in Section 21
of this Law.
(42) The Latvian Association of Sworn Auditors is
entitled to apply the tacit approval referred to in the Freedom
to Provide Services Law if, after receipt of the application and
documents referred to in Paragraph 4.1 of this
Section, it has not, within the period specified by the
Administrative Procedure Law, taken the decision to refuse to
restore the validity of the licence and has not notified of this
fact.
(5) [19 June 2025]
(51) If the validity of the licence has been
suspended, restored, or re-registered or the licence has been
cancelled for a commercial company of sworn auditors which at the
same time is a commercial company of auditors registered into the
register of another Member State and which is entitled to audit
(review) annual statements and consolidated annual statements of
commercial companies registered in that Member State, the Latvian
Association of Sworn Auditors shall, within five working days,
notify the Ministry of Finance in writing of the relevant fact,
indicating the period and reason for the suspension of the
validity of the licence or the reason for and date of the
restoration, re-registration, and cancellation of the
licence.
(52) The Ministry of Finance shall, not later than
within five working days, send the information referred to in
Paragraph 5.1 of this Section to the competent
authority of the relevant Member State in the field of audit.
(53) If the period for the suspension of validity
of the licence for a commercial company of sworn auditors has
expired and the commercial company of sworn auditors has not
submitted an application for the extension of the period for the
suspension of validity of the licence or an application for the
restoration of validity of the licence, the Latvian Association
of Sworn Auditors shall cancel the licence issued to the
commercial company of sworn auditors.
(6) [22 January 2004]
(7) Disputing or appealing a decision of the Latvian
Association of Sworn Auditors to suspend the validity of a
licence for a commercial company of sworn auditors shall not
suspend the validity of such decision.
[22 January 2004; 29 January 2009; 22 March 2012; 15
December 2016; 19 April 2018; 19 June 2025]
Section 24. Register of Commercial
Companies of Sworn Auditors
(1) In order to identify a provider of audit services,
information on a commercial company of sworn auditors shall be
entered in the Register of Commercial Companies of Sworn
Auditors. The Register of Commercial Companies of Sworn Auditors
shall be maintained, stored electronically, and regularly updated
by the Latvian Association of Sworn Auditors. The information
included in the Register of Commercial Companies of Sworn
Auditors shall constitute information to be stored
permanently.
(11) The Register of Commercial Companies of Sworn
Auditors shall have a public part and a non-public part. The
Ministry of Finance shall include a reference on its website to
the website of the Latvian Association of Sworn Auditors where
the public part of the Register is available.
(2) The public part of the Register of Commercial Companies of
Sworn Auditors shall be available to any person on the website of
the Latvian Association of Sworn Auditors and it shall include
the following information on a commercial company of sworn
auditors:
1) the firm name (with reference to the type of a merchant)
and registration number entered in the Commercial Register;
2) the legal address, contact person, telephone number,
electronic mail address, and reference to the website address, if
such exists;
21) the address of the location of the practice of
the commercial company of sworn auditors. If there are several
locations of the practice, the addresses of all locations of the
practice;
3) the number of the licence;
4) the date of and basis for the issuance, re-registration,
suspension and restoration of validity of the licence;
5) the given names, surnames, and numbers of sworn auditor
certificates of members (participants) if the member
(shareholder) is a sworn auditor, but for legal persons - the
firm name, registration number entered in the Commercial
Register, and legal address;
6) the given name, surname, and number of the certificate of
the sworn auditor who is a paid employee of the commercial
company of sworn auditors, its partner, or is otherwise connected
with such commercial company of sworn auditors, and an indication
whether the abovementioned sworn auditor is entitled to provide
also the sustainability report assurance service on behalf of the
commercial company of sworn auditors;
7) the given name, surname, office address, and number of a
sworn auditor certificate of a member of the executive board and
the supervisory board (if the supervisory board has been
established) of the commercial company if the member of the
executive board and supervisory board (if the supervisory board
has been established) is a sworn auditor;
8) if a commercial company of sworn auditors is part of a
network of commercial companies of auditors - information on the
cooperation partners of this network (if available) or reference
regarding where such information is accessible to the public;
9) if a commercial company of sworn auditors is at the same
time a commercial company registered in a foreign country, the
foreign registration institution in the register of which the
commercial company has been entered as a provider of the audit
service or sustainability report assurance service or as a
provider of both such services in the relevant foreign country,
and also the registration number, if the law of the relevant
foreign country provides for the entering of the abovementioned
commercial company of sworn auditors in the register, shall be
indicated.
(21) In order to identify a person who was entitled
to provide audit services before the cancellation of the licence,
the following information shall be entered in the non-public part
of the Register of Commercial Companies of Sworn Auditors:
1) the firm name (with reference to the type of a
merchant);
2) the number of the licence;
3) the date of and basis for the cancellation of the
licence.
(22) The Latvian Association of Sworn Auditors
shall store the information entered in the non-public part of the
Register of Commercial Companies of Sworn Auditors in accordance
with the requirements of the legal acts governing the document
storage, and such information may be obtained from the Latvian
Association of Sworn Auditors in accordance with the procedures
laid down in legal acts until the expiry of the storage period of
such information.
(23) If the name of a commercial company of sworn
auditors changes, the relevant commercial company shall, within
two weeks, submit to the Latvian Association of Sworn Auditors an
application for making amendments to the licence for the
commercial company of sworn auditors. The application shall
indicate the new name of the commercial company of sworn auditors
and it shall be signed by an official acting on behalf of the
commercial company of sworn auditors.
(3) If any of the information referred to in Paragraph two,
Clauses 1, 2, 5, 6, 8, and 9 of this Section is subject to
change, the commercial company of auditors shall, within two
weeks, submit a relevant statement to the Latvian Association of
Sworn Auditors. If any of the information in respect of the given
name, surname, and number of sworn auditor certificate of members
(shareholders) referred to in Paragraph two, Clause 5 of this
Section and also the information referred to in Clause 7 are
subject to change, the commercial company of auditors shall
submit a relevant statement to the Latvian Association of Sworn
Auditors within the time limit referred to in Section 23,
Paragraph one of this Law. The statement shall be submitted in
writing and it shall be signed by an official who acts on behalf
of the commercial company of sworn auditors.
(31) The Register of Commercial Companies of Sworn
Auditors shall indicate that:
1) the Latvian Association of Sworn Auditors carries out the
licensing of commercial companies of sworn auditors and quality
control of those audit services and sustainability report
assurance services which are provided by a commercial company of
sworn auditors to the clients that are not public-interest
entities. In addition, the address of the Latvian Association of
Sworn Auditors shall be indicated;
2) the Ministry of Finance shall:
a) impose sanctions and administrative measures on commercial
companies of sworn auditors for violations of professional
activities;
b) carry out the quality control of those audit services and
sustainability report assurance services which are provided by a
commercial company of sworn auditors to the clients that are
public-interest entities;
c) perform the State supervision of the Latvian Association of
Sworn Auditors. In addition, the address of the Ministry of
Finance shall be indicated.
(32) The Register of Commercial Companies of Sworn
Auditors shall be maintained in Latvian. Additionally, the
Latvian Association of Sworn Auditors may maintain the register
in any other official language of a Member State of the European
Union. In such case, it shall be indicated in the register
whether the translation is certified or not.
(4) [19 June 2025]
(5) [3 June 2010]
(6) [19 June 2025]
[12 June 2008; 29 January 2009; 3 June 2010; 22 March 2012;
15 December 2016; 19 April 2018; 26 September 2024; 19 June
2025]
Section 24.1 Register of
Third Country Auditors and Third Country Commercial Companies of
Auditors
(1) The Register of Third Country Auditors and Third Country
Commercial Companies of Auditors shall be maintained by the
Latvian Association of Sworn Auditors in cooperation with the
Ministry of Finance. Third country auditors and commercial
companies of third country auditors which provide an auditor's
report on the annual statement or consolidated annual statement
of a commercial company which is registered in a third country
(hereinafter in this section - the third country commercial
company) and the transferable securities of which are admitted to
trading on the regulated market of Latvia shall be entered in the
Register. The information on the third country auditor and third
country commercial company of auditors referred to in Sections 19
and 24 of this Law shall be entered into the Register. Annual
statements and consolidated annual statements that have been
audited (reviewed) by third country auditors and third country
commercial companies of auditors not included in the Register of
Third Country Auditors and Third Country Commercial Companies of
Auditors shall have no legal effect.
(11) In accordance with the procedures laid down in
Paragraph one of this Section, an entry shall be made in the
Register of Third Country Auditors and Third Country Commercial
Companies of Auditors regarding such third country auditors and
third country commercial companies of auditors which provide the
assurance report on the sustainability report and consolidated
sustainability report (if there is an obligation to prepare one)
of such third country commercial company the transferable
securities of which are admitted to trading on the regulated
market of Latvia. The sustainability report and consolidated
sustainability report for which the assurance report has been
provided by third country auditors and third country commercial
companies of auditors not included in the Register of Third
Country Auditors and Third Country Commercial Companies of
Auditors shall have no legal effect.
(2) Such third country auditor and third country commercial
company of auditors shall not be entered in the Register of Third
Country Auditors and Third Country Commercial Companies of
Auditors which provide the auditor's report on the annual
statement or consolidated annual statement (if there is an
obligation to prepare one) of the third country commercial
company which has issued only outstanding debt securities to
which one of the following conditions applies:
1) the denomination of one unit of such securities is at least
EUR 50 000 or if the value of debt securities is expressed in a
currency other than euro, the denomination of one unit of such
securities is at least the equivalent of EUR 50 000, and such
securities are admitted to trading on the regulated market in one
or several Member States before 31 December 2010 until the day
when such securities are deleted;
2) the denomination of one unit of such securities is at least
EUR 100 000 or if the value of debt securities is expressed in a
currency other than euro, the denomination of one unit of such
securities is at least the equivalent of EUR 100 000, and such
securities are admitted to trading on the regulated market in one
or several Member States starting from 31 December 2010 until the
day when such securities are deleted.
(21) The conditions of Paragraph two of this
Section shall also be applied to such third country commercial
company for the sustainability report and consolidated
sustainability report (if there is an obligation to prepare one)
of which the third country auditor and third country commercial
company of auditors provide the assurance report.
(3) The Register of Third Country Auditors and Third Country
Commercial Companies of Auditors shall be maintained in Latvian.
Additionally, the Latvian Association of Sworn Auditors may
maintain the register in any other official language of a Member
State of the European Union. In such case, it shall be indicated
in the register whether the translation is certified or not.
(4) The Register of Third Country Auditors and Third Country
Commercial Companies of Sworn Auditors shall be accessible to the
public, and any person has the right to become acquainted with
it. The information contained in this register shall be kept and
stored electronically and it shall be available on the website of
the Latvian Association of Sworn Auditors. The Ministry of
Finance shall include a reference on its website to the website
of the Latvian Association of Sworn Auditors where such Register
is available.
(5) The Latvian Association of Sworn Auditors shall renew
(update) the information included in the Register of Third
Country Auditors and Third Country Commercial Companies of
Auditors within five working days from the date it has received a
written notification from a third country auditor or third
country commercial company of auditors entered in the Register on
changes in the information included in the Register.
[12 June 2008; 12 September 2013; 15 December 2016; 26
September 2024; 19 June 2025]
Section 24.2 Conditions
for the Registration of Third Country Auditors and Third Country
Commercial Companies of Auditors
(1) For the purpose of provision of audit services, a third
country auditor or a third country commercial company of auditors
shall be entered in the Register of Third Country Auditors and
Third Country Commercial Companies of Auditors in accordance with
the procedures laid down in Section 24.1 of this Law
only if an opinion of the Ministry of Finance has been received
that the conditions referred to in this Paragraph of the Section
have been complied with:
1) a third country auditor is a person who has a perfect
reputation and whose professional qualification is equal to the
professional qualification of a sworn auditor;
2) the majority of the members of the executive board of a
third country commercial company of auditors are persons whose
professional qualification is equal to the professional
qualification of a sworn auditor and who have a perfect
reputation;
3) persons who, on behalf of a third country commercial
company of auditors, provide an auditor's report on the annual
statement and the consolidated annual statement of a commercial
company which is registered in this country have perfect
reputation and the professional qualification of these persons is
equal to the professional qualification of a sworn auditor;
4) the audit (review) of the annual statement or consolidated
annual statement of commercial companies registered in the third
country is carried out in accordance with the international
auditing standards recognised in Latvia or with equal
international auditing standards and the requirements for
independence, objectivity, and confidentiality specified in this
Law or the requirements of third countries equal thereto are
complied with. The remuneration of a third country auditor or a
third country commercial company of auditors which has been
received for audit services shall not be affected by the
additional services provided or other conditions;
5) a third country auditor or a third country commercial
company of auditors shall publish on its website a transparency
report containing the information referred to in Article 13 of
Regulation No 537/2014 or information equal thereto.
(11) The equivalence of the requirements laid down
in this Law on eight months of experience and qualification
examination in the field of sustainability shall not be
applicable to the persons referred to in Paragraph one, Clauses 1
and 2 of this Section if a third country auditor and, in the
relevant case, a third country commercial company is entered in
the Register of Third Country Auditors and Third Country
Commercial Companies of Auditors for the provision of audit
services.
(12) For the provision of sustainability report
assurance, a third country auditor or third country commercial
company of auditors shall be entered in the Register of Third
Country Auditors and Third Country Commercial Companies of
Auditors in accordance with the procedures laid down in Section
24.1 of this Law only when the opinion of the Ministry
of Finance has been received that the following conditions have
been fulfilled:
1) a third country auditor conforms to the requirements of
Paragraph one, Clause 1 of this Section and has complied with the
condition referred to in Paragraph one, Clause 5 of this
Section;
2) a third country commercial company of auditors conforms to
the requirements of Paragraph one, Clauses 1 and 2 of this
Section and has complied with the condition referred to in
Paragraph one, Clause 5 of this Section;
3) persons who, on behalf of a third country commercial
company of auditors, provide the assurance report on the
sustainability report and consolidated sustainability report (if
there is an obligation to prepare one) of the commercial company
which is registered in this country have perfect reputation and
the professional qualification of these persons is equal to the
professional qualification of a sworn auditor in the field of
sustainability;
4) the assurance service of the sustainability report and
consolidated sustainability report (if there is an obligation to
prepare one) of a commercial company registered in a third
country is provided in accordance with the assurance standards
for sustainability reporting or equivalent assurance standards,
and the requirements of independence, objectivity,
confidentiality, work organisation and the performance
requirements of sustainability report assurance engagement or
equivalent third country requirements are complied with. The
remuneration of a third country auditor or third country
commercial company of auditors which has been received for
sustainability report assurance services shall not be affected by
the additional services provided or other conditions.
(2) The Ministry of Finance in cooperation with Latvijas Banka
shall prepare an opinion if a registration application filled in
by a third country auditor or third country commercial company of
auditors has been received. The sample form of the registration
application shall be approved by the Cabinet. After preparation
of an opinion, the Ministry of Finance shall inform the European
Commission of such opinion without delay, also indicating whether
all the conditions referred to in Paragraph one of this Section
have been complied with.
(3) The Cabinet shall determine the sample form of the opinion
of the Ministry of Finance referred to in this Section, the
procedures for the drawing up and sending thereof.
(4) If the European Commission has recognised third country
supervision, audit services quality control, investigation, and
penalty systems as equivalent to the supervision, audit services
quality control, investigation, and penalty systems of the Member
States, then, after receipt of a registration application filled
in by such third country auditor or a third country commercial
company of auditors, the Ministry of Finance shall prepare the
opinion referred to in this Section without assessing whether the
conditions referred to in Paragraph one of this Section have been
complied with.
(5) The Ministry of Finance is entitled to enter into a mutual
agreement with the third country competent authority in the field
of audit if it is necessary to obtain additional information on
the quality control results of the audit services provided by a
third country auditor or a third country commercial company of
auditors. The Ministry of Finance shall without delay inform the
European Commission of the conclusion of a mutual agreement.
[29 January 2009; 3 June 2010; 22 March 2012; 15 December
2016; 26 September 2024; 19 June 2025]
Section 24.3 Supervision
of Activities of Third Country Auditors and Third Country
Commercial Companies of Auditors Entered in the Register
A third country auditor or a third country commercial company
of auditors which has been entered in the Register of Third
Country Auditors and Third Country Commercial Companies of
Auditors shall be subject to the quality control of audit
services and sustainability report assurance services specified
in this Law, and the sanctions and administrative measures
specified in this Law shall also be imposed on this auditor or
commercial company of auditors.
[19 June 2025]
Chapter
VI
Independence, Objectivity of a Sworn Auditor and Requirements of
Professional Ethics
[15 December 2016]
Section 25. Independence and
Objectivity of a Sworn Auditor
(1) A sworn auditor (also a responsible sworn auditor
appointed by a commercial company of sworn auditors) shall be
independent and objective in his or her professional
activity.
(2) State and local government authorities, courts,
prosecutors, and pre-trial investigating institutions shall
guarantee the independence of the professional activity of sworn
auditors. In order to guarantee the independence of the
professional activity of sworn auditors, it is prohibited:
1) to interfere with the professional activity of sworn
auditors, to exert influence or pressure upon them;
2) to request information and explanations from sworn
auditors, except for the cases referred to in Section 27,
Paragraph one and Section 33 of this Law, and also to question
them as witnesses regarding facts that have become known to them
while providing professional services;
3) to control the mail, telegraph, and other means of
correspondence as well as the documents which sworn auditors have
received while providing professional services, to perform
inspection and withdrawal of correspondence and documents, or to
perform searches in order to find and withdraw correspondence and
documents;
4) to control, also by the procedural measures referred to in
Clause 3 of this Section, the information systems and means of
communication necessary for the provision of professional
services of sworn auditors, including electronic means of
communication, to obtain information from them and to interfere
with their functioning;
5) to request information from clients on the content of the
professional services provided by sworn auditors;
6) to subject sworn auditors to any sanctions or threats in
respect of the professional services they provide, in accordance
with law, to clients;
7) to bring sworn auditors to any type of liability for
statements made in writing or orally which they have made, in
accordance with the law and in good faith, while fulfilling their
professional duties.
(3) Members, stockholders or shareholders, manager, members of
the executive board and the supervisory board (if the supervisory
board is established) of the commercial company of sworn auditors
and other persons are prohibited from interfering in the
professional activity of the sworn auditor (also a responsible
sworn auditor appointed by the commercial company of sworn
auditors) or affect him or her with a view to influence
independence and objectivity of this auditor, his or her view or
opinion as an independent expert.
(4) Illegal activity of a sworn auditor in the client's
interests and also his or her activity in promoting illegal
commitment of the client shall not be regarded to be a
professional activity which expresses as an audit service.
[29 March 2007; 15 December 2016; 19 April 2018]
Section 26. Circumstances which
Jeopardise the Independence and Objectivity of a Sworn Auditor or
a Commercial Company of Sworn Auditors
(1) A sworn auditor and commercial company of sworn auditors
are entitled to undertake the audit of an annual statement and
consolidated annual statement only if the independence and
objectivity of the sworn auditor, responsible sworn auditor
appointed by the commercial company of sworn auditors, and
commercial company of sworn auditors involved in this audit and
also experts or specialists and assistants invited thereby are
not jeopardised.
(2) The independence and objectivity of a sworn auditor, a
responsible sworn auditor appointed by a commercial company of
sworn auditors, and a commercial company of sworn auditors, and
also experts or specialists and assistants engaged by them shall
be considered to be jeopardised if any of the circumstances
referred to in the professional code of ethics occur, including
those related to professional activities, interests, and
relationships, or facts which create or may create a threat to
independence. The independence and objectivity of the
abovementioned persons are jeopardised by at least the following
circumstances:
1) financial obligations and participation in transactions of
the client;
2) employment relationship with the client which is existing
now or which has existed within the last three years;
3) the performance of management functions of the client;
4) kinship or affinity up to the second degree with the member
of the executive board or supervisory board of the client of a
sworn auditor or his or her spouse, or dependent child, or other
relative who has a shared household with the sworn auditor for at
least one year;
5) substantial dependence for income on the services provided
to one or more mutually connected clients;
6) dependence of the remuneration received for audit services
on the results of the audit or additional services provided;
7) acceptance of gifts or services, discounts or other
favourable conditions of a transaction from the client, except
when an objective and informed third person could consider their
value as insignificant or as such which does not cause any
consequences;
8) holding in the equity of the client (or a commercial
company related thereto) or involvement in the transactions with
a view to obtain financial instruments issued, guaranteed or
otherwise ensured by the client (or a commercial company related
thereto). That referred to in this Paragraph shall not apply to a
holding which is owned only indirectly in different collective
investment schemes (for example, investment funds, alternative
investment funds, life insurance, funded pension schemes in fund
investment plans or private pension plans).
(3) The independence and objectivity of a sworn auditor, the
responsible sworn auditor designated by a commercial company of
sworn auditors, and a commercial company of sworn auditors is
also jeopardised if at least one of the conditions referred to in
Paragraph two of this Section applies to:
1) a cooperation partner of the network of commercial
companies of auditors to which a sworn auditor or a commercial
company of sworn auditors belongs;
2) a member, stockholder, or shareholder, manager, member of
the executive body, employee of the commercial company of sworn
auditors or any other person the services provided by whom are
used by or directly or indirectly controlled by a sworn auditor,
responsible sworn auditor appointed by a commercial company of
sworn auditors, or commercial company of sworn auditors.
(4) A sworn auditor and a commercial company of sworn auditors
may not carry out the audit of an annual statement and a
consolidated annual statement if there is a risk that the client
could be a person related to a sworn auditor or commercial
company of sworn auditors, or a risk that this audit could be
related with self-interests of a sworn auditor, responsible sworn
auditor appointed by a commercial company of sworn auditors, or
commercial company of sworn auditors (defence or intimidation of
the client in relation to participation in the client's
transactions, financial, civil legal, employment, or other
relations between a sworn auditor, commercial company of sworn
auditors, network of commercial companies of auditors, or such
natural person referred to in Paragraph three of this Section who
could directly or indirectly influence the audit result, and the
client) from which an objective and duly informed third person
could conclude that the independence of the sworn auditor,
responsible sworn auditor appointed by a commercial company of
sworn auditors, or commercial company of sworn auditors is
jeopardised.
(5) A sworn auditor, a responsible sworn auditor appointed by
a commercial company of sworn auditors, and a commercial company
of sworn auditors has the obligation to indicate the conditions
referred to in Paragraphs two and three of this Section in the
audit working papers, if such conditions have been established,
and also to indicate measures that have been taken to eliminate
these conditions.
(6) The requirements for the independence of the sworn auditor
and the commercial company of sworn auditors referred to in
Section 25 of this Law and this Section shall apply at least to
the period to which the client's annual statement or consolidated
annual statement to be audited (or reviewed) applies and the
period in which the sworn auditor or commercial company of sworn
auditors provides an audit (or review) service.
(7) If, during the period covered by the client's annual
statement and consolidated annual statement (if such has been
prepared), the client is reorganised by way of merger, division,
or restructuring, a sworn auditor or a commercial company of
sworn auditors shall evaluate whether the circumstances referred
to in Paragraphs two and three of this Section which could
jeopardise the independence of the sworn auditor or commercial
company of sworn auditors have arisen due to the reorganisation
of the client. All non-audit services which have been provided to
the abovementioned client before its reorganisation and which
could influence the independence of the sworn auditor or
commercial company of sworn auditors and the capacity to continue
audit of such client's annual statement or consolidated annual
statement after the date when the client's reorganisation entered
into effect shall also be evaluated.
(8) If a sworn auditor or commercial company of sworn auditors
detects risk to independence due to the reasons referred to in
Paragraph seven of this Section, a sworn auditor and commercial
company of sworn auditors has the obligation, as soon as possible
but not later than within three months from the day of detection,
to take all necessary measures to eliminate conditions that cause
risk to independence and may influence the objectivity of a sworn
auditor.
(9) A sworn auditor, the responsible sworn auditor designated
by a commercial company of sworn auditors, and a commercial
company of sworn auditors shall, before entering into a contract
with a client for the audit of the annual statement or
consolidated annual statement, and also during the provision of
audit service provided for in this contract, assess and
immediately indicate in the audit working papers:
1) whether the sworn auditor, responsible sworn auditor
designated by a commercial company of sworn auditors, and
commercial company of sworn auditors meet the requirements for
independence and objectivity laid down in this Law;
2) whether any of the conditions referred to in Section 25 of
this Law and Paragraphs two and three of this Section is known
that may cast substantiated doubts about the independence and
objectivity of the sworn auditor, responsible sworn auditor
designated by a commercial company of sworn auditors, and
commercial company of sworn auditors, and indicate the measures
taken to eliminate such conditions;
3) whether the experts, specialists, or assistants invited are
sufficiently competent for the performance of the audit of the
annual statement or consolidated annual statement of the
particular client and whether the amount of employees and other
necessary resources attracted to this audit are sufficient;
4) whether the time planned for the audit is sufficient to
fulfil the obligations of the contract for the audit of the
client's annual statement or consolidated annual statement by not
violating the requirements of this Law and other legal acts;
5) in the case of a commercial company of sworn auditors -
whether the requirements of Section 31 of this Law are met.
[15 December 2016; 19 April 2018; 19 June 2025 /
Section 27. Confidentiality
Requirements
(1) A sworn auditor is prohibited from disclosing a trade
secret that he or she has learned while fulfilling professional
duties. A sworn auditor and a commercial company of sworn
auditors are prohibited from using or disclosing, without the
client's written consent, information containing a trade secret,
except in the following cases:
1) to the State Revenue Service in the cases referred to in
the law On Taxes and Fees when the sworn auditor or the
commercial company of sworn auditors has established a suspicious
transaction within the meaning of the Law on the Prevention of
Money Laundering and Terrorism and Proliferation Financing;
2) to the Ministry of Finance and Latvijas Banka as the
competent authorities specified in this Law for the performance
of the tasks referred to in this Law and Regulation No
537/2014;
3) to the Latvian Association of Sworn Auditors for the
performance of the public administration tasks delegated thereto
in accordance with this Law;
4) to the responsible auditor of a group of companies who
provides audit services to the parent undertaking of the client
of the sworn auditor or the commercial company of sworn
auditors;
5) to the sworn auditor carrying out a quality control review
of the audit task;
6) to the sworn auditor or the commercial company of sworn
auditors with whom an information sharing agreement has been
entered into as referred to in the Law on Investment Management
Companies;
7) in the cases where the sworn auditor has the right or
obligation to do so in accordance with a court ruling;
8) in the cases referred to in Paragraph two of this
Section.
(2) If the audit services contract concluded between a client
and a sworn auditor or commercial company of sworn auditors is
terminated and the client has concluded an audit services
contract with another sworn auditor or commercial company of
sworn auditors, the sworn auditor or commercial company of sworn
auditors with which the contract is terminated shall ensure that
the new sworn auditor or commercial company of sworn auditors
(with which the contract has been concluded) has access to all
relevant information on the client and the last audit of the
annual statement and consolidated annual statement thereof.
(3) The requirements of Paragraph one of this Section shall
refer to a sworn auditor and a commercial company of sworn
auditors during the period of validity of the audit services
contract with the client and also after the contract is
terminated.
(4) Without prejudice to the confidentiality provisions
referred to in Paragraph one of this Section, a sworn auditor or
commercial company of sworn auditors which is carrying out an
audit (review) of the annual statement or consolidated annual
statement for a client which is a part of such group of companies
the parent undertaking of which is located in a third country is
entitled to transfer the audit working papers prepared by it to
the responsible auditor or responsible commercial company of
auditors of the abovementioned group of companies located in a
third country if such papers are necessary for the audit (review)
of the consolidated annual statement of the group of companies.
In this case, the processing of personal data shall be subject to
the right of the data subject to request information on the
processing of data as specified in Article 15 of Regulation (EU)
2016/679 of the European Parliament and of the Council of 27
April 2016 on the protection of natural persons with regard to
the processing of personal data and on the free movement of such
data, and repealing Directive 95/46/EC (General Data Protection
Regulation) (hereinafter - Regulation No 2016/679), including
information on the purposes of the processing of data, the data
recipients, the sources of acquisition thereof, the right to
access their data and to request their amending, destruction,
discontinuation, or prohibition of processing.
(5) Without prejudice to the confidentiality provisions
referred to in Paragraph one of this Section, a sworn auditor or
commercial company of sworn auditors which is providing an audit
service for a client the transferable securities of which are
admitted to trading on the regulated market of a third country or
which is a subsidiary of the group of companies of the third
country is entitled, upon request of the competent authority of
this third country, to transfer the audit working papers or other
documents prepared for it which are related to the audit of the
annual statement or consolidated annual statement of the
abovementioned client in conformity with the requirements of
Section 37.4 of this Law.
[12 June 2008; 15 December 2016; 19 April 2018; 19 June
2025]
Chapter
VII
Activities, Rights, and Obligations of Sworn Auditors and
Commercial Companies of Sworn Auditors
Section 28. Professional Activities
of a Sworn Auditor
(1) A sworn auditor shall provide audit services in compliance
with the provisions referred to in Section 3, Paragraph two of
this Law by complying with the requirements of the international
auditing standards recognised in Latvia and the international
auditing standards for public sector recognised in Latvia, and
the norms of the professional code of ethics. If a client is a
public-interest entity, the sworn auditor and the commercial
company of sworn auditors shall also comply with the requirements
laid down in Regulation No 537/2014 for carrying out an audit of
annual statements and consolidated annual statements in such
public-interest entity.
(11) If a client is a State or local government
authority, a sworn auditor and a commercial company of sworn
auditors shall provide audit services in accordance with the
requirements of the legal acts in conformity with the
instructions of the State Audit Office as a group auditor, and
also the international auditing standards for public sector
recognised in Latvia. The State Audit Office as a group auditor
shall provide instructions to a sworn auditor or commercial
company of sworn auditors by 15 October of the current year.
(12) A sworn auditor and a commercial company of
sworn auditors shall provide the sustainability report assurance
service in accordance with the provisions of Section 16 of the
Law on Sustainability Disclosures and of this Law and in
conformity with the assurance standards for sustainability
reporting.
(2) A sworn auditor who cannot for certain reasons perform his
or her professional activity for more than one year shall notify
the Latvian Association of Sworn Auditors thereof and submit an
application for the suspension of the validity of the sworn
auditor certificate for a specified period. If the sworn auditor
wishes to extend the period for the suspension of validity of the
sworn auditor certificate, he or she shall, not later than two
weeks before the expiry of the final period for the suspension of
validity of the sworn auditor certificate, submit to the Latvian
Association of Sworn Auditors an application for the extension of
the period for the suspension of validity of the sworn auditor
certificate, indicating the reason.
(3) A sworn auditor and the responsible sworn auditor
designated by a commercial company of sworn auditors have the
right to request from the client and the client has the
obligation to provide all information, documents, and
explanations required for the provision of the audit service in
accordance with this Law. A sworn auditor and the responsible
sworn auditor designated by a commercial company of sworn
auditors have the right to invite experts or knowledgeable
persons and assistants, notifying the client thereof in advance
and assuming the responsibility for the activities carried out by
the abovementioned persons, and also to check the movable and
immovable property (also securities and cash), claims and
liabilities of the client.
(4) A sworn auditor and a commercial company of sworn auditors
have the right, when providing audit services to a State or local
government authority, to receive information from the State Audit
Office at the disposal of the Office and obtained from public
registers and databases that is necessary for the achievement of
the purpose of the relevant audit.
[22 January 2004; 15 December 2016; 26 September 2024; 19
June 2025]
Section 28.1 Limited
Review of the Annual Statement
(1) A sworn auditor and a commercial company of sworn auditors
shall carry out a limited review of the annual statements laid
down in the Law on Annual Statements and Consolidated Annual
Statements in accordance with the provisions of this Law and in
conformity with the requirements of the international auditing
standards recognised in Latvia, i.e., the International Standards
on Review Engagements. The Latvian Association of Sworn Auditors
shall determine the procedures including a set of measures, also
the methodology for the conformity review of the amounts of the
enterprise income tax, which shall be performed by sworn auditors
and commercial companies of sworn auditors in order to meet the
requirements of this Paragraph.
(2) When the limited review of the annual statements is
completed, a sworn auditor shall prepare a review report in
accordance with the requirements of the international auditing
standards recognised in Latvia, i.e., the International Standards
on Review Engagements.
[29 October 2015 / See Paragraph 11 of Transitional
Provisions]
Section 28.2 Continuing
Vocational Education of Sworn Auditors
(1) A sworn auditor has the obligation to continue his or her
vocational education and to improve his or her professional
qualification in a further education process recognised by the
Latvian Association of Sworn Auditors. The further education
requirements and the procedures for its course shall be approved
by the Latvian Association of Sworn Auditors after agreement with
the Ministry of Finance.
(2) If a sworn auditor and a commercial company of sworn
auditors wish to provide the sustainability report assurance
service, the sworn auditor and the sworn auditor appointed by the
commercial company of sworn auditors and also the sustainability
auditor have the obligation to improve their professional
qualification through the process of further education which is
recognised by the Latvian Association of Sworn Auditors and
includes the fields referred to in Section 14, Paragraph two of
this Law.
[26 September 2024 / See Paragraphs 27 and 32 of
Transitional Provisions]
Section 29. Provision of
Professional Services of a Sworn Auditor and a Commercial Company
of Sworn Auditors
(1) A sworn auditor or commercial company of sworn auditors is
entitled to provide audit services:
1) upon an invitation from the client, in State or local
government authorities and the institutions which are subordinate
to them - upon an invitation from the management of a higher
authority, but in capital companies where a State or local
government authority is a holder of State or local government
capital shares - upon an invitation from the capital company
itself or the holder of capital shares;
2) upon an invitation from the State authorities and officials
specified in the law.
(2) A sworn auditor and a commercial company of sworn auditors
shall provide audit services according to a written contract for
the provision of such services - an audit services contract.
(3) A client, members of a commercial company, or a meeting of
shareholders (stockholders) have the right to freely choose a
sworn auditor or commercial company of sworn auditors with which
to enter into an audit services contract insofar as such choice
is not restricted by the requirements for independence,
objectivity of a sworn auditor or other requirements laid down in
this Law but in respect of a public-interest entity - also the
restrictions laid down in Article 5(1), (4) and (5), and Article
6 of Regulation No 537/2014. A sworn auditor or commercial
company of sworn auditors has the right to freely choose a client
with which to enter into a contract on the provision of audit
services insofar as such choice is not restricted by the
requirements for independence, objectivity of a sworn auditor or
other requirements laid down in this Law but in respect of a
public-interest entity - also the restrictions laid down in
Article 5(1), (4), and (5) and Article 6 of Regulation No
537/2014. The right to a meeting of members or shareholders
(stockholders) of the commercial company referred to in this
Paragraph may not be limited either by the planned provisions of
the audit services contract or any previous agreement, or a
provision included in the agreements entered into by the
executive board of the capital company.
(31) A client may unilaterally withdraw from the
audit services contract with a sworn auditor or commercial
company of sworn auditors only if a substantiated reason exists.
Differences in opinions on accounting techniques or audit
procedures or, in the relevant case, on sustainability reporting
or sustainability report assurance procedures as expressed by a
client and a sworn auditor or commercial company of sworn
auditors shall not constitute the basis for the termination of
the contract. A client who has unilaterally withdrawn from the
audit services contract has the obligation to immediately notify
the Ministry of Finance and the Latvian Association of Sworn
Auditors thereof in writing, but if the client is a
public-interest entity, also to notify Latvijas Banka, indicating
the reason.
(32) If a capital company is a public-interest
entity, shareholders (stockholders) of such capital company who
represent not less than one-twentieth of the equity capital, or
the competent authority referred to in Section 37.5,
Paragraph two of this Law, may bring an action before a court
against such capital company regarding the revocation of the
sworn auditor or commercial company of sworn auditors elected by
the meeting of shareholders (stockholders) if it has a justified
reason.
(33) A sworn auditor and a commercial company of
sworn auditors with which the audit services contract has been
terminated during the term of its validity has the obligation to
immediately notify the Ministry of Finance and the Latvian
Association of Sworn Auditors thereof in writing, but if the
client with whom the prematurely terminated contract was entered
into is a public-interest entity, also to notify Latvijas Banka,
indicating the reason.
(34) A sworn auditor and a commercial company of
sworn auditors which has entered into or extended the audit
services contract on the audit of the annual statement or
consolidated annual statement with a client which is a
public-interest entity has the obligation, as soon as possible
but not later than within one month from the day when the
abovementioned contract has entered into effect, to notify the
Ministry of Finance as the competent authority of the name of the
client and period (in years) for the provision of the audit
services laid down in the abovementioned contract, and also of
the period for which the first annual statement or consolidated
annual statement audited according to this contract has been
prepared.
(35) The stockholders, shareholders or members
(hereinafter in this Paragraph - the shareholders) of large
commercial companies, small and medium commercial companies,
parent undertakings of the group of companies which are
public-interest entities but are not such commercial companies
the transferable securities of which are admitted to trading on
the regulated market of Member States and which, in accordance
with the Law on Sustainability Disclosures, prepare the
sustainability report or consolidated sustainability report (if
there is an obligation to prepare one), jointly representing five
and more per cent of the equity capital or the number of stocks
or shares with voting rights are entitled to submit to the
meeting of shareholders a draft decision proposing the invitation
of another sworn auditor or commercial company of sworn auditors
which is not a sworn auditor or commercial company of sworn
auditors elected at the meeting of shareholders, or a member of
the network of commercial companies of auditors to which the
elected sworn auditor or commercial company of sworn auditors
belongs, to provide the assurance report on specific sections of
the company's sustainability report and consolidated
sustainability report (if there is an obligation to prepare one)
and on the availability of the assurance report to the meeting of
shareholders.
(36) A sworn auditor and a commercial company of
sworn auditors may unilaterally withdraw from the audit services
contract with a client only if there is a justified reason. A
sworn auditor and a commercial company of sworn auditors who have
unilaterally withdrawn from the audit services contract have the
obligation to immediately notify the Ministry of Finance and the
Latvian Association of Sworn Auditors thereof in writing, but if
the client is a public-interest entity, also to notify Latvijas
Banka, indicating the reason.
(4) [15 December 2016]
(41) A sworn auditor and a commercial company of
sworn auditors have no right to provide audit services for the
same State or local government authority for more than six
consecutive years, and also they are prohibited from
participation in the audit of the annual statement of the
abovementioned client for at least two years after the end of
this period.
(5) At least one year after termination of the contract on the
audit of the annual statement or consolidated annual statement, a
sworn auditor and the responsible sworn auditor designated by a
commercial company of sworn auditors are prohibited from holding
an office in the executive board or supervisory board of the
commercial company which has been the client referred to in the
terminated contract. If the client referred to in the terminated
contract on the audit of the annual statement or consolidated
annual statement is a public-interest entity, at least two years
after termination of the abovementioned contract the sworn
auditor and the responsible sworn auditor designated by a
commercial company of sworn auditors are prohibited from:
1) holding an office in the executive board and supervisory
board of such public-interest entity;
2) becoming a member of the audit committee of such
public-interest entity or, if the relevant public-interest entity
does not establish the audit committee, a member of such
authority which performs functions similar to the audit
committee.
(51) At least one year after provision of audit
services, a sworn auditor who provides audit services as a sole
proprietorship or self-employed person and a responsible sworn
auditor appointed by a commercial company of sworn auditors are
prohibited from holding an office in a management body, executive
board, supervisory board, audit committee of the former client
or, if the relevant client does not establish the auditor
committee, in a body which performs functions similar to the
audit committee.
(6) A sworn auditor, a commercial company of sworn auditors,
and a responsible sworn auditor shall, once a year, provide a
written declaration of the independence of their professional
activities of a sworn auditor from the audited client to the
audit committee of a capital company whose transferable
securities are admitted to trading on the regulated market of
Member States, and also inform the audit committee of any
additional services provided to this client. A sworn auditor, a
commercial company of sworn auditors, and a responsible sworn
auditor shall inform the client's audit committee of conditions
jeopardising his or her independence within the meaning of
Section 26, Paragraph two of this Law and shall consult on
measures implemented to eliminate these conditions.
(7) A sworn auditor and a commercial company of sworn auditors
providing audit services to a client that is a public-interest
entity has the obligation to notify the Ministry of Finance as
the competent authority and Latvijas Banka in writing of the
reason for the delay in providing the sworn auditor's report, if
the provision of the sworn auditor's report to the client is
delayed and the delay exceeds the period for the submission of
annual statements and consolidated annual statements specified in
legal acts.
[22 January 2004; 12 June 2008; 29 October 2015; 15
December 2016; 19 April 2018; 26 September 2024; 19 June
2025]
Section 30. Special Provisions for
Audit Services Contracts
(1) Upon receipt of an audit task, a sworn auditor shall
inform the assignor of the task and, if he or she is an employee
of a commercial company of sworn auditors, also the management of
this company as to whether the conditions referred to in Section
26, Paragraph two of this Law apply to him or her. A sworn
auditor may undertake the provision of audit services only if his
or her independence and objectivity in the submission of an
opinion are not jeopardised.
(2) If the conditions referred to in Paragraph two of Section
26 enter into effect during the period after conclusion of the
audit services contract, the sworn auditor has the obligation to,
without delay, notify the assignor of the task and, if he or she
is an employee of a commercial company of sworn auditors, also
the management of this company and to decline the carrying out of
the task specified in the contract.
[15 December 2016]
Section 31. Responsible Sworn
Auditor and Lead Sustainability Auditor
(1) On the basis of an audit services contract with the
client, the management of a commercial company of sworn auditors
shall appoint a responsible sworn auditor (in the case of an
audit of a consolidated annual statement - the responsible
auditor of a group of companies) for the provision of audit
services (performance of audit task) and notify the client of his
or her appointment.
(11) On the basis of a sustainability report
assurance services contract with the client, the management of a
commercial company of sworn auditors shall designate the lead
sustainability auditor for the provision of the sustainability
report assurance service and notify the client of his or her
appointment.
(2) The responsible sworn auditor shall provide the audit
services and prepare an auditor's report. Such document,
indicating the given name, surname, certificate number, and
licence number of the commercial company of sworn auditors, shall
be signed by the responsible sworn auditor and the official who
acts on behalf of the commercial company of sworn auditors.
(3) The mutual legal relations and also the liability of a
commercial company of sworn auditors and the responsible sworn
auditor designated by it, and, where applicable, the lead
sustainability auditor shall be governed by the concluded
contract.
[22 January 2004; 26 September 2024; 19 June 2025]
Section 31.1 Competence
of the Cabinet in the Field of Audit Services
The Cabinet shall determine the requirements for work
organisation, resource planning, document management, creationt
of registers and files for sworn auditors and commercial
companies of sworn auditors.
[15 December 2016]
Section 31.2 Auditor's
Report
The auditor's report shall include:
1) a paragraph where a client is identified (indicating the
name and type of the client) the financial statements included in
the annual statement (consolidated annual statement) of which
have been audited, indicating the date and reporting period
regarding which the annual statement (consolidated annual
statement) has been prepared and the laws and regulations used in
the preparation of the annual statement (consolidated annual
statement) which determine the structure, scope, content, and
procedures for the preparation of the annual statement
(consolidated annual statement) of the relevant client (the laws
and regulations of the Republic of Latvia or the legal acts of
the European Union), and also the information on the
responsibility of the client and sworn auditor is included;
2) a description of the volume of audit work performed and a
reference to the auditing standards applied in the audit;
3) the opinion of a sworn auditor or a statement on the
refusal to provide an opinion;
4) an indication to all conditions or events to which a sworn
auditor wishes to pay attention by emphasising them but not
providing an opinion with reservations, and also an indication to
any material uncertainty (if any detected) relating to the events
or conditions that may cast significant doubt on the client's
ability to continue its activity;
5) the view of the sworn auditor on whether the management
report is consistent with the financial statement, but in
relevant cases - whether the consolidated report is consistent
with the consolidated financial statement and whether the
abovementioned report has been prepared in accordance with the
requirements of the law or regulation governing the preparation
thereof;
6) the view of the sworn auditor on whether, in the light of
the knowledge and understanding of the client and the environment
in which the client operates obtained in the course of the audit,
he or she has identified material misstatements in the management
report, and an indication of the nature of any such material
misstatements;
7) the view of the sworn auditor on whether the corporate
governance statement of a capital company (if the transferable
securities thereof are admitted to trading on the regulated
market of the Member States) contains information in accordance
with the requirements of Section 56.1, Paragraph one,
Clauses 3, 4, 6, 8, and 9, and also Section 56.2,
Paragraph two, Clause 5 and Paragraph three of the Financial
Instrument Market Law and whether the information specified in
Paragraph two, Clauses 1, 2, 3, 4, 7, and 8 of Section
56.2 is included. If a capital company has included
the information referred to in Section 56.2, Paragraph
two, Clause 8 of the Financial Instrument Market Law in the
sustainability report, it is not required to indicate in the view
of the sworn auditor whether the corporate governance statement
contains this information;
8) information on whether a client (if the client is such
capital company the transferable securities of which are admitted
to trading on the regulated market of the Member State, credit
institution, insurance company in the form of a joint-stock
company or reinsurance company in the form of a joint-stock
company) has prepared a non-financial statement, but if the
abovementioned client has the obligation to prepare a
consolidated annual statement - a consolidated non-financial
statement, and on whether the non-financial statement
(consolidated non-financial statement) is included in the
management report (consolidated management report) or prepared as
a separate part of the annual statement (consolidated annual
statement) or included in the consolidated non-financial
statement prepared by the parent undertaking of the
abovementioned capital company;
9) the view of the sworn auditor on whether the information
referred to in Section 59.4 of the Financial
Instrument Market Law has been included in the remuneration
statement of the capital company (if its stocks are admitted to
trading on the regulated market) and whether significant
non-conformities have been established in the remuneration
statement in relation to the financial information indicated in
the annual statement;
10) information on whether the commercial company referred to
in Law on Disclosure of Information on Revenue and Income Taxes
had an obligation to submit the report on income taxes for the
reporting year which was before the relevant reporting year on
which the annual statement to be audited or the consolidated
annual statement to be audited (if there is an obligation to
prepare such) has been prepared and, if there was such an
obligation, whether this report was submitted to the State
Revenue Service in accordance with the requirements of Section 23
of the abovementioned law and published on the website in
accordance with the requirements of Section 24 of the
abovementioned law.
[14 September 2023; 26 September 2024]
Section 32. Particulars of an
Auditor's Report
(1) In order to acquire legal validity, an auditor's report
shall contain the following particulars (identification
data):
1) the addressee;
2) the date of the document and the place of its
preparation;
3) the name of the document;
4) the given name and surname of the sworn auditor (in the
cases provided for in the law - of the responsible sworn
auditor);
5) the number of the certificate;
6) the signature of the sworn auditor (in the cases provided
for in the law - of the responsible sworn auditor);
7) in the cases provided for in this Law - the given name,
surname, and signature of the person who acts on behalf of the
commercial company of sworn auditors and the number of the
licence of the commercial company of sworn auditors;
8) if the author of the report is a commercial company of
sworn auditors - the legal address thereof but if the author of
the report is a sworn auditor as a sole proprietorship or
self-employed person - also the address indicated by a person or,
if such address is not indicated, the address of declared place
of residence.
(2) If several sworn auditors who provide audit services as
sole proprietorships or self-employed persons or responsible
sworn auditors designated by commercial companies of sworn
auditors are involved in the audit of the annual statement or
consolidated annual statement and they have agreed on the results
of the relevant audit, they shall provide a joint auditor's
report which is signed by all the abovementioned sworn
auditors.
(3) If several sworn auditors who provide audit services as
sole proprietorships or self-employed persons or responsible
sworn auditors appointed by commercial companies of sworn
auditors are involved in the audit of the annual statement or
consolidated annual statement and they cannot agree on the
results of the relevant audit in general or on certain issues to
be included in the auditor's report or opinion, they shall submit
a joint auditor's report in which each of the abovementioned
sworn auditors shall include a separate opinion accordingly
regarding the results of the abovementioned audit or a certain
issue of the auditor's report or opinion by indicating a reason
due to which an agreement has not been reached.
(4) That referred to in Paragraph one of this Section shall
apply also to a review report which the sworn auditor provides in
accordance with Section 28.1 of this Law on a limited
review of the annual statement by accordingly applying the
requirements of Section 31.2, Clauses 1, 2, 3, and 4
of this Law thereto.
[12 June 2008; 15 December 2016; 14 September 2023]
Section 32.1 Assurance
Report
(1) The assurance report on the sustainability report shall
contain:
1) a paragraph identifying the client (indicating the client's
name and type) for which the integrity and completeness of the
information included in the sustainability report and
consolidated sustainability report (if there is an obligation to
prepare one) is assured, indicating the date and reporting period
for which the sustainability report and consolidated
sustainability report (if there is an obligation to prepare one)
is prepared, and the legal acts and standards used in the
preparation of the sustainability report and consolidated
sustainability report (if there is an obligation to prepare one)
which lay down the structure, scope, and content of the
sustainability report and consolidated sustainability report (if
there is an obligation to prepare one) of the relevant client and
the procedures for preparing them, and also information on the
liability of the client and sworn auditor;
2) a description of the scope of the carried out assurance
engagement of the sustainability report and consolidated
sustainability report (if there is an obligation to prepare one)
and a reference to the assurance standards for sustainability
reporting complied with during the assurance;
3) a view of the sworn auditor or a refusal to express the
view on the conformity of the sustainability report and
consolidated sustainability report (if there is an obligation to
prepare one) with the requirements of the Law on Sustainability
Disclosures, including a view of the sworn auditor or a refusal
to express the view on the conformity of the requirement for
marking (labelling) sustainability information with the reporting
requirements laid down in Article 8 of Regulation (EU) 2020/852
of the European Parliament and of the Council of 18 June 2020 on
the establishment of a framework to facilitate sustainable
investment, and amending Regulation (EU) 2019/2088.
(2) If several sworn auditors who provide such services as
sole proprietorships or self-employed persons or responsible
sworn auditors designated by commercial companies of sworn
auditors are involved in the assurance engagement of the
sustainability report and consolidated sustainability report (if
there is an obligation to prepare one) and they have agreed on
the results of the relevant sustainability report assurance, they
shall provide a joint assurance report on the sustainability
report which is signed by all the abovementioned sworn
auditors.
(3) If several sworn auditors who provide such services as
sole proprietorships or self-employed persons or responsible
sworn auditors designated by commercial companies of sworn
auditors are involved in the assurance engagement of the
sustainability report and consolidated sustainability report (if
there is an obligation to prepare one) and they cannot agree on
the results of the relevant sustainability report assurance in
general or on certain paragraphs to be included in the assurance
report in relation to the sustainability report or in the view,
they shall submit a joint assurance report on the sustainability
report where each of these sworn auditors shall include a
separate opinion on the results of the abovementioned assurance
report or on the relevant paragraph of the assurance report by
indicating a reason due to which an agreement has not been
reached.
(4) The assurance report on the sustainability report shall be
signed and dated by the sworn auditor who provides the assurance
service of the sustainability report and consolidated
sustainability report (if there is an obligation to prepare one),
indicating the given name, surname, and number of the
certificate. If the sustainability report assurance service is
provided by a commercial company of sworn auditors, the assurance
report shall be signed and dated by the lead sustainability sworn
auditor, indicating the given name, surname, and number of the
certificate of the sworn auditor and the licence number of the
commercial company of sworn auditors. If several sworn auditors
who provide such service as sole proprietorships or self-employed
persons or lead sustainability auditors designated by commercial
companies of sworn auditors are involved in the provision of
assurance service of the sustainability report and consolidated
sustainability report (if there is an obligation to prepare one),
the assurance report on the sustainability report shall be signed
and dated by all the sworn auditors involved in the provision of
this service, or at least by those sworn auditors who are
entitled to assure the integrity and completeness of the
information provided in the sustainability report on behalf of
the commercial company.
(5) A sworn auditor and a commercial company of sworn auditors
have the obligation, upon request from the Latvian Association of
Sworn Auditors and the Ministry of Finance, to inform them of the
sworn auditors, the responsible sworn auditor, the invited
experts or knowledgeable persons and assistants involved in the
assurance engagement of the sustainability report and
consolidated sustainability report (if there is an obligation to
prepare one).
[26 September 2024; 19 June 2025]
Section 33. Provision of Information
to the Management of a Client, Latvijas Banka, and the Corruption
Prevention and Combating Bureau
(1) A sworn auditor or a commercial company of sworn auditors
shall notify the management (executive board or its responsible
members) of a client or an audit committee (if such committee has
been established) of the issues not included in the opinion (for
example, deficiencies, errors, and violations of the internal
control system) which do not affect the opinion delivered.
(11) A sworn auditor and a commercial company of
sworn auditors which provide the sustainability report assurance
service to a public-interest entity have the obligation to comply
with the requirements referred to in Article (7) of Regulation No
537/2014 and, according to these requirements, to inform the
management of the client and to notify the law enforcement
authorities.
(2) A sworn auditor or commercial company of sworn auditors
has the obligation to immediately submit a report in writing to
Latvijas Banka in accordance with Article 12(1)(a), (b), and (c)
of Regulation No 537/2014 on the facts which were discovered
during the provision of audit services in respect of a
public-interest entity or any other electronic money institution,
payment institution, investment firm, regulated market operator,
or data reporting service provider.
(3) A sworn auditor or commercial company of sworn auditors
has the obligation to immediately submit a report in writing to
Latvijas Banka on the facts referred to in Paragraph two of this
Section which have been discovered while providing audit services
to a client who is in close relations with a public-interest
entity or any other electronic money institution, payment
institution, investment firm, regulated market operator, or data
reporting service provider within the meaning of Article 4(1)(38)
of Regulation (EU) No 575/2013 of the European Parliament and of
the Council of 26 June 2013 on prudential requirements for credit
institutions and amending Regulation (EU) No 648/2012.
(31) A sworn auditor or commercial company of sworn
auditors has the obligation to submit such information and
documents to Latvijas Banka which it has requested in writing in
accordance with the legal acts governing the financial market to
ensure the performance of its functions.
(32) A sworn auditor or commercial company of sworn
auditors has the obligation to submit a report in writing to the
Corruption Prevention and Combating Bureau on the facts which
have been discovered during the provision of audit services and
might be related to the transfer of financial values, property
benefits, or benefits of other nature to a public official in the
form of a bribe or related to intermediation in the transfer of
such financial values, property benefits, or benefits of other
nature. A sworn auditor or commercial company of sworn auditors
shall submit a report not later than within three working days
after discovery of such facts. The Latvian Association of Sworn
Auditors shall determine the procedures which include a set of
measures that have to be taken by sworn auditors and commercial
companies of sworn auditors to comply with the requirements of
this Paragraph. Within the meaning of this Section, the term
"public official" shall have the same meaning as the term "public
official" in the Criminal Law.
(4) The reporting of information specified in this Section and
the submission of documents shall not be regarded as a violation
of any contracts, legal acts, or professional code of ethics, and
shall not create a civil legal liability for the sworn auditor or
the commercial company of sworn auditors.
[22 January 2004; 29 March 2007; 12 June 2008; 11 February
2010; 3 March 2011; 29 October 2015; 19 April 2018; 21 June 2018;
26 September 2024; 19 June 2025]
Section 33.1 Transparency
Report of a Sworn Auditor and a Commercial Company of Sworn
Auditors
(1) A sworn auditor and a commercial company of sworn auditors
providing audit services to a public-interest entity shall
prepare and publish a transparency report on their website. The
content of the transparency report and also the procedures for
the preparation and publication thereof are determined by Article
13 of Regulation No 537/2014. After publishing the transparency
report, the sworn auditor and the commercial company of sworn
auditors shall, in accordance with the requirements of Article
13a(1) of Regulation No 537/2014, immediately submit this report
to the Ministry of Finance which shall ensure availability
thereof in the European single access point. The formatting
requirements for the transparency report to be submitted to the
Ministry of Finance are determined by Article 13a(1)(a) and (b)
of Regulation No 537/2014.
(2) [15 December 2016]
(3) The transparency report of a commercial company of sworn
auditors referred to in Paragraph one of this Section shall be
signed by a person acting on behalf of this commercial company of
sworn auditors.
[12 June 2008; 29 October 2015; 15 December 2016; 19 June
2025 / See Paragraph 39 of Transitional
Provisions]
Section 34. Audit Working Papers,
Reports and Other Documents
(1) Audit working papers shall be the property of the provider
of the audit service - the sworn auditor or the commercial
company of sworn auditors accordingly.
(2) A sworn auditor or the management of a commercial company
of sworn auditors has the obligation to properly keep the audit
working papers. They may not be revealed to third parties or
passed to third parties without the permission of the client,
except for the cases specified in this Law. The storage period
for audit working papers shall be six years.
(21) Auditor's reports prepared by a sworn auditor
or a responsible auditor designated by a commercial company of
sworn auditors and other reports and documents referred to in
Article 15 of Regulation No 537/2014 and also descriptions of the
policies and procedures referred to in the legal acts governing
the requirements for work organisation, resource planning,
document management, creation of registers and files for sworn
auditors and commercial companies of sworn auditors, registers
for the record of clients, received written claims, complaints
and registers for the record thereof, and also other documented
information related to audits of the annual statement or
consolidated annual statement shall be kept for at least five
years.
(3) Audit working papers and also reports and other documents
referred to in Paragraph 2.1 of this Section shall be
available for the needs of the audit services quality control and
the inspection of compliance with the requirements for the audit
services quality control. The same confidentiality requirements
which are laid down for a sworn auditor and commercial company of
sworn auditors in Paragraph two of this Section shall also apply
to the persons who perform the audit services quality control.
The same confidentiality requirements which apply to sworn
auditors shall also apply to the persons who perform the audit
services quality control.
[22 January 2004; 15 December 2016; 19 April 2018]
Section 34.1 Audit
Working Papers of Consolidated Annual Statement
(1) The responsible auditor of a group of companies shall have
full responsibility for an auditor's report on the audit of the
consolidated annual statement of the client, but if the client is
a public-interest entity - for the auditor's report referred to
in Article 10 and for the additional report at a level of group
of companies referred to in Article 11 of Regulation No
537/2014.
(11) If the same responsible sworn auditor of a
group of companies audits (reviews) the annual statement and
consolidated annual statement of a parent undertaking of the
group of companies, the auditor's report on the consolidated
annual statement of a group of companies may be combined with the
auditor's report on the annual statement of a parent undertaking
of the group of companies.
(2) The responsible auditor of a group of companies shall
review the work of the audit carried out by another person during
the audit (review) of the group of companies - another sworn
auditor or a third country auditor, another commercial company of
sworn auditors, or a third country commercial company of
auditors. The responsible auditor of a group of companies shall
prepare review materials of an audit work carried out by another
person and include them in his or her audit working papers. The
review materials shall be prepared in such a way that the
competent authority could review the work of the responsible
auditor of a group of companies on an audit review process
carried out by another person.
(3) If an audit (review) of the annual statement of a
subsidiary of the group of companies involved in consolidation is
carried out by a third country auditor or a third country
commercial company of auditors and if there is no cooperation
with the competent authority of this third country in the field
of audit, the responsible auditor of a group of companies shall
have the responsibility to ensure that the audit working papers
prepared by a third country auditor or a third country commercial
company of auditors pertaining to the relevant audit (review) of
the consolidated annual statement are submitted to the competent
authority upon request.
(4) To ensure the conformity with the requirement referred to
in Paragraph three of this Section, the responsible auditor of a
group of companies shall include in his or her audit working
papers the copies of the audit working papers prepared by a third
country auditor or a third country commercial company of auditors
or shall agree with a third country auditor or a third country
commercial company of auditors on adequate and unlimited access
to these papers upon request.
(5) If legal or other conditions impede access to the audit
working papers prepared by a third country auditor or a third
country commercial company of auditors, the responsible sworn
auditor of a group of companies shall attach to his or her audit
working papers the evidence that he or she has taken all the
necessary measures to gain access to the audit working papers
prepared by a third country auditor or a third country commercial
company of auditors and the evidence of existence of the delaying
conditions and inform the Ministry of Finance thereof. Where
necessary, the responsible sworn auditor of a group of companies
(himself or herself or by involving another person referred to in
Paragraph two of this Section) shall ensure additional audit
procedures which he or she considers necessary in relation to the
audit (review) of the annual statement of the subsidiary of the
group of companies involved in the consolidation.
(6) If a quality control of the provided audit services or the
inspection of compliance with the requirements for the audit
services quality control, or investigative actions in relation to
the audit of the consolidated annual statement are carried out
for the responsible sworn auditor of a group of companies, the
responsible sworn auditor of a group of companies shall submit
the relevant documents to the Latvian Association of Sworn
Auditors or the Ministry of Finance accordingly, upon their
request, which he or she has kept in respect of the audit work in
the audit of the consolidated annual statement carried out by a
third country auditor or third country commercial company of
auditors, including all audit working papers which refer to the
audit of the consolidated annual statement.
(7) The Ministry of Finance has the right to request and
receive from other competent authorities the information
necessary for the quality control of audit services, the
inspection of compliance with the requirements for the audit
services quality control, or the investigation referred to in
Paragraph six of this Section and the documents regarding the
work carried out by a sworn auditor or commercial company of
sworn auditors in the audit of the group of companies. When
cooperating with other competent authorities, the Ministry of
Finance shall comply with the confidentiality requirements for
the exchange of information and documents.
(8) If the audit of the annual statement of the parent
undertaking or subsidiary of the group of companies is carried
out by a third country auditor or third country commercial
company of auditors, the Ministry of Finance has the right to
request additional documents and information from the competent
authority of the relevant third country on the audit carried out
by such third country auditor or third country commercial company
of auditors, applying the cooperation measures referred to in
Section 37.4 of this Law.
[12 June 2008; 29 October 2015; 15 December 2016; 26
September 2024; 19 June 2025]
Section 34.2 Audit
(Review) of Adjusted Annual Statements and Consolidated Annual
Statements
If a client submits an adjusted annual statement or
consolidated annual statement before the date when the
responsible sworn auditor signs the auditor's report or review
report, a sworn auditor shall audit (review) it repeatedly
directly in relation to the adjustments made. A sworn auditor
shall indicate the fact of a repeated audit (review) of an annual
statement or consolidated annual statement in the auditor's
report.
[29 October 2015]
Section 34.3 Consolidated
Sustainability Report Assurance
(1) The lead sustainability auditor who carries out the
assurance engagement of the consolidated sustainability report at
the level of group of companies (hereinafter in this Section -
the lead sustainability auditor of a group of companies) shall be
fully responsible for the assurance report on the consolidated
sustainability report.
(2) If, during the consolidated sustainability report
assurance of a group of companies, the sustainability report
assurance service of a subsidiary included in a group of
companies is provided by another lead sustainability auditor,
sworn auditor or third country auditor, another commercial
company of sworn auditors or third country commercial company of
auditors (hereinafter in this Paragraph - another auditor), the
lead sustainability auditor of a group of companies shall
evaluate and document the sufficiency of evidence obtained by
another auditor. The lead sustainability auditor of a group of
companies shall include in his or her working papers also the
assessment of the procedures and conclusions of the
sustainability report assurance engagement carried out by another
sworn auditor. The lead sustainability auditor of a group of
companies shall prepare his or her working papers so that the
competent authority could examine whether the procedures carried
out by him or her to verify the evidence obtained by another
auditor in the sustainability report assurance engagement are
sufficient.
(3) To ensure conformity with the requirement referred to in
Paragraph two of this Section, the lead sustainability auditor of
a group of companies shall include in his or her working papers
the copies of working papers of sustainability report assurance
prepared by a third country auditor or a third country commercial
company of auditors or shall agree with a third country auditor
or a third country commercial company of auditors on adequate and
unlimited access to these papers upon request.
(4) If legal or other conditions impede access to the
sustainability report assurance working papers prepared by a
third country auditor or a third country commercial company of
auditors, the lead sustainability auditor of a group of companies
shall attach to his or her working papers the evidence that he or
she has taken all the necessary measures to gain access to the
sustainability report assurance working papers prepared by a
third country auditor or a third country commercial company of
auditors and to examine them, and also the evidence of existence
of the delaying conditions and shall inform the Ministry of
Finance thereof. Where necessary, the lead sustainability auditor
of a group of companies himself or herself or by involving
another outsourced service provider shall ensure additional
procedures which he or she considers necessary in relation to the
sustainability report assurance of the subsidiary of the group of
companies involved in the consolidation.
(5) If the quality control of the consolidated sustainability
report assurance service provided by the lead sustainability
auditor of a group of companies is carried out or investigative
actions are taken in relation to the assurance engagement of the
consolidated sustainability report, the lead sustainability
auditor of a group of companies shall, upon request of the
respective authority, submit to the Latvian Association of Sworn
Auditors or, in the relevant case, to the Ministry of Finance the
documents which he or she has kept in relation to the assurance
engagement of the consolidated sustainability report assurance
carried out by a third country auditor or third country
commercial company of auditors, including all working papers
related to the consolidated sustainability report assurance.
(6) The Ministry of Finance has the right to request and
receive from other competent authorities the information
necessary for the quality control or investigation referred to in
Paragraph five of this Section and the documents on the assurance
engagement of the consolidated sustainability report of a group
of companies carried out by the lead sustainability auditor of
the group of companies, applying the cooperation measures
referred to in Section 37.1 of this Law. When
cooperating with other competent authorities, the Ministry of
Finance shall comply with the confidentiality requirements for
the exchange of information and documents.
(7) If the sustainability report assurance engagement of the
parent undertaking or subsidiary of the group of companies is
carried out by a third country auditor or third country
commercial company of auditors, the Ministry of Finance has the
right to request additional documents and information from the
competent authority of the relevant third country on the
sustainability report assurance engagement carried out by such
third country auditor or third country commercial company of
auditors, applying the cooperation measures referred to in
Section 37.4 of this Law.
(8) If the sustainability report assurance engagement of the
parent undertaking or subsidiary of the group of companies is
carried out by a third country auditor or third country
commercial company of auditors with which no agreement has been
entered into on cooperation measures, the lead sustainability
auditor of a group of companies shall also be responsible for
ensuring that the additional documents of the sustainability
report assurance engagement carried out by a third country
auditor and a third country commercial company of auditors,
including working papers related to the consolidated
sustainability report assurance engagement, are properly
submitted. To ensure the fulfilment of the requirements of this
Paragraph, the lead sustainability auditor of a group of
companies shall keep the copies of such documents or shall agree
with a third country auditor or third country commercial company
of auditors on unlimited access to these papers upon request.
(9) If legal or other conditions impede access to the
sustainability report assurance working papers prepared by a
third country auditor or a third country commercial company of
auditors and referred to in Paragraph eight of this Section, the
lead sustainability auditor of a group of companies shall attach
to his or her working papers the evidence that he or she has
taken all the necessary measures to gain access to the
sustainability report assurance working papers prepared by a
third country auditor or a third country commercial company of
auditors, and also the evidence of existence of the delaying
conditions and shall inform the Ministry of Finance thereof.
(10) The requirements for the lead sustainability auditor of a
group of companies referred to in this Section shall apply to the
responsible auditor of a group of companies if, in addition to
the audit of the consolidated annual statement of a group of
companies, he or she provides the assurance service of the
consolidated sustainability report of a group of companies.
[26 September 2024]
Section 35. Assistants of a Sworn
Auditor
[15 December 2016]
Section 35.1 Audit
Services Quality Control
(1) The Ministry of Finance shall, in cooperation with the
Latvian Association of Sworn Auditors, ensure audit services
quality control based on risk approach in order to conform to the
requirements of the legal acts, the international auditing
standards recognised in Latvia and the international auditing
standards for public sector recognised in Latvia, the norms of
the professional code of ethics, independence and objectivity in
the provision of audit services. The Ministry of Finance shall
ensure audit services quality control based on risk assessment
(inspection of the conformity with the requirements for the audit
services quality control) for those commercial companies of sworn
auditors and those sworn auditors who have provided audit
services to public-interest entities during the last three years
since the last audit services quality control performed for
them.
(2) The following shall be subject to the audit services
quality control referred to in Paragraph one of this Section:
1) all commercial companies of sworn auditors and sworn
auditors providing audit services, and also sole proprietorships
or self-employed persons, not less than once every six years;
2) all commercial companies of sworn auditors and sworn
auditors providing audit services to public-interest entities,
not less than once every three years;
3) all commercial companies of sworn auditors and sworn
auditors providing audit services to State and local government
authorities, not less than once every six years.
(3) The Latvian Association of Sworn Auditors shall ensure an
audit services quality control for commercial companies of sworn
auditors and sworn auditors and inform the Ministry of Finance of
the results thereof, including of the findings and conclusions
made. The audit services quality control for commercial companies
of sworn auditors and those sworn auditors who do not provide
audit services to public-interest entities shall be carried out
in accordance with the by-laws which, after agreement with the
Ministry of Finance, are approved by the Latvian Association of
Sworn Auditors.
(31) The Latvian Association of Sworn Auditors
shall, each year as soon as possible, but not later than one
month prior to commencing the audit services quality control,
inform the Ministry of Finance of the sworn auditors and
commercial companies of sworn auditors which are subject to the
audit services quality control in accordance with the provisions
of this Section.
(32) Commercial companies of sworn auditors and
sworn auditors who provide audit services to public-interest
entities shall, each year by 1 July, submit the information
referred to in Article 14 of Regulation No 537/2014 to the
Ministry of Finance, and also information on vocational
qualification (further education) programmes acquired in the
previous calendar year. The Ministry of Finance shall compile and
analyse the information received and take measures to rectify the
established non-conformities.
(4) An authorised representative of the Ministry of Finance
shall, not less than once every three years, inspect how the
requirements for the audit services quality control are complied
with by those commercial companies of sworn auditors and sworn
auditors who provide audit services to public-interest entities
and shall draw up an inspection report thereon. The inspection of
compliance with the requirements for the audit services quality
control shall be carried out in accordance with the requirements
of this Law and Article 26 of Regulation No 537/2014. The Cabinet
shall determine the procedures for the inspection of the
compliance with the requirements for the audit services quality
control, the requirements for the qualification of authorised
representatives, the information to be included in an inspection
report, and also the content of the inspection programme. The
authorised representative of the Ministry of Finance has the
right to carry out an inspection of the compliance with the
requirements for the audit services quality control at the
practice place of a sworn auditor or a commercial company of
sworn auditors providing audit services to public-interest
entities.
(41) In order to ensure inspections of compliance
with the requirements for the audit services quality control in
conformity with the requirements of Article 26 of Regulation No
537/2014, the Ministry of Finance is entitled to attract experts
for carrying out certain inspections at the place of practice of
the sworn auditor or commercial company of sworn auditors which
provides audit services to public-interest entities. Within the
meaning of this Section, the term "expert" corresponds to the
term "expert" used in Article 26(1)(c) of Regulation No
537/2014.
(5) When performing an inspection of the compliance with the
requirements for the audit services quality control at the place
of practice of the sworn auditor or commercial company of sworn
auditors which provides audit services to public-interest
entities, an authorised representative of the Ministry of Finance
has the right to become familiar with audit working papers and
transparency report of the sworn auditor or commercial company of
sworn auditors, and also to request other data, documents, and
explanations from the sworn auditor or commercial company of
sworn auditors to be inspected which are necessary for the
performance of the obligations laid down in Article 26(6) of
Regulation No 537/2014 and the performance of the inspection of
the compliance with the requirements for the audit services
quality control and are at the disposal of the sworn auditor or
commercial company of sworn auditors. When performing an
inspection of the compliance with the requirements for the audit
services quality control, the authorised representative of the
Ministry of Finance has the right to get acquainted with the
reports on the audit services quality control carried out and
also to request other information, documents, and explanations
obtained during the audit services quality control which are
necessary for the inspection of the compliance with the
requirements for the audit services quality control.
(51) The authorised representative of the Ministry
of Finance is prohibited from disclosing a trade secret or
personal data obtained when getting acquainted with the
documents, information, or explanations referred to in Paragraph
five of this Section, except for the cases specified in laws. The
authorised representative of the Ministry of Finance shall submit
a written declaration to the Ministry of Finance on compliance
with the confidentiality requirements. The Ministry of Finance
shall send a copy of such declaration to the Latvian Association
of Sworn Auditors within five working days after receipt of the
declaration which has been prepared in accordance with the laws
and regulations regarding the development and drawing up of
documents.
(52) The authorised representative of the Ministry
of Finance has the right to participate in general meetings,
meetings of the executive board, meetings of the commissions and
committees of the Latvian Association of Sworn Auditors in which
issues and documents related to the audit services quality
control are examined, and also to get acquainted with the
decisions taken in such general meetings and meetings which are
related to the audit services quality control.
(6) A sworn auditor to be checked or a person who provides
audit services or has provided them in accordance with the
provisions laid down in Article 26(5)(c) of Regulation No
537/2014 during the last three years under the supervision of
this sworn auditor or is otherwise connected or has been
connected for the last three years with the sworn auditor or
commercial company of sworn auditors to be checked may not be as
the authorised representative of the Ministry of Finance who
inspects the compliance with the requirements for the audit
services quality control. A relative of a sworn auditor up to the
third degree of kinship, a spouse and also a person who is
otherwise interested in the result of an audit also may not be
the authorised representative of the Ministry of Finance who
inspects the compliance with the requirements for the audit
services quality control. The authorised representative of the
Ministry of Finance shall submit to the Ministry of Finance a
declaration in writing that the restrictions referred to in this
Paragraph do not apply to him or her. The Ministry of Finance
shall send a copy of such declaration to the Latvian Association
of Sworn Auditors within five working days after receipt of the
declaration which has been prepared in accordance with the laws
and regulations regarding the development and drawing up of
documents.
(7) The authorised representative of the Ministry of Finance
who inspects the compliance with the requirements for the audit
services quality control is prohibited from holding an office in
the executive board or supervisory board (if a supervisory board
has been established) of such commercial company of sworn
auditors in which he or she has carried out inspections of the
compliance with the requirements for the audit services quality
control for two years after inspection of the compliance with the
requirements for the audit services quality control.
(8) When performing an audit services quality control for a
sworn auditor or commercial company of sworn auditors which
provides audit services to State and local government
authorities, the Latvian Association of Sworn Auditors has the
obligation to obtain information from the State Audit Office on
whether the State Audit Office as a group auditor, in preparing
an opinion on the report on the financial year of the Republic of
Latvia on implementation of the State budget and local government
budgets regarding the previous reporting year, could use the
financial audit carried out by the relevant sworn auditor or
commercial company of sworn auditors in the State or local
government authority and the opinion provided in the result
thereof.
[22 January 2004; 12 June 2008; 29 January 2009; 22 March
2012; 29 October 2015; 15 December 2016; 19 April 2018; 19 June
2025]
Section 35.2 Quality
Control of the Sustainability Report Assurance Service
(1) The Ministry of Finance shall, in cooperation with the
Latvian Association of Sworn Auditors, ensure the quality control
of the sustainability report assurance service based on risk
approach during which it will be ascertained that the
requirements of laws and regulations, assurance standards for
sustainability reporting, and professional code of ethics, and
also the requirements of independence and objectivity laid down
in this Law have been complied with when providing the
abovementioned service.
(2) The Ministry of Finance shall perform the quality control
of the sustainability report assurance service for the sworn
auditors and commercial companies of sworn auditors which have
provided sustainability report assurance services to
public-interest entities.
(3) The Latvian Association of Sworn Auditors shall perform
the quality control of the sustainability report assurance
service for the sworn auditors and commercial companies of sworn
auditors which have provided sustainability report assurance
services to clients other than public-interest entities.
(4) The sworn auditors or commercial companies of sworn
auditors which have provided the sustainability report assurance
service to a public-interest entity shall be subjected to the
quality control of the sustainability report assurance service
referred to in Paragraph two of this Section at least once every
three years. All commercial companies of sworn auditors and sworn
auditors which have provided the sustainability report assurance
service shall be subjected to the quality control of the
sustainability report assurance service referred to in Paragraph
three of this Section at least once every six years.
(5) The time limits referred to in Paragraph four of this
Section shall be counted from the last audit services quality
control and in compliance with the condition specified in
Paragraph six of this Section.
(6) If the sworn auditor or commercial company of sworn
auditors which is subjected to the audit services quality control
referred to in Section 35.1 of this Law has provided
the sustainability report assurance service to the same audit
client, the Latvian Association of Sworn Auditors (if the
abovementioned audit client is a public-interest entity - the
Ministry of Finance) shall perform the quality control of the
sustainability report assurance service within the scope of audit
services quality control.
(7) The representative of the Latvian Association of Sworn
Auditors and the Ministry of Finance who performs the quality
controls of the sustainability report assurance service referred
to in this Section shall have an experience in the preparation of
the sustainability report and in the preparation of the
sustainability report assurance, or other experience in the field
of sustainability.
[26 September 2024 / See Paragraph 34 of
Transitional Provisions]
Chapter
VIII
Supervision of Operations of the Latvian Association of Sworn
Auditors and Commercial Companies of Sworn Auditors
Section 36. Supervision of
Operations of Commercial Companies of Sworn Auditors
(1) The Latvian Association of Sworn Auditors shall verify the
conformity of commercial companies of sworn auditors with the
criteria specified in Section 21 of this Law.
(2) The Latvian Association of Sworn Auditors has the right to
request from commercial companies of sworn auditors information
and documents on their operations.
(3) A representative of the Latvian Association of Sworn
Auditors is entitled to check the documents of commercial
companies of sworn auditors to such extent as is necessary to
decide on questions regarding the review of compliance, the
issuance, suspension, or cancellation of a licence and to
participate, without having the right to vote, in meetings of the
administrative bodies of such company.
(4) If the Latvian Association of Sworn Auditors establishes
that a commercial company of sworn auditors has violated the
criteria specified in Section 21 of this Law, it shall take the
decision to suspend the validity of the licence of such company
within one month from the day when the violation was established.
If, within six months from the date when the decision on the
suspension of the licence has been received, the commercial
company of sworn auditors has not eliminated the abovementioned
violations, the decision to cancel the licence issued is
taken.
(5) The Latvian Association of Sworn Auditors and its
employees do not have the right to disclose information which has
been obtained while carrying out the supervision functions
specified in this Law, for the cases specified in the law.
[22 January 2004; 19 June 2025]
Section 36.1 Responsible
Institution
(1) The State policy in the field of auditing of commercial
companies and in the field of sustainability report assurance
shall be developed and implemented by the Ministry of
Finance.
(2) The Ministry of Finance shall carry out State supervision
of the Latvian Association of Sworn Auditors and cooperate with
the competent authorities in the field of audit of other Member
States and third countries.
(3) The Ministry of Finance shall include information on the
implementation of the State policy in the field of audit of
commercial companies and measures taken throughout the year in
relation to State supervision of the Latvian Association of Sworn
Auditors in the annual public report thereof.
[29 January 2009; 3 June 2010; 22 March 2012; 15 December
2016; 26 September 2024]
Section 36.2 Cooperation
of the Competent Authorities in the Field of the Sustainability
Report Assurance Service
The provisions of Sections 37.1, 37.4,
and 37.5 of this Law for the competent (supervision)
authorities in relation to the field of audit shall also be
equally applicable in the field of sustainability report
assurance service.
[26 September 2024]
Section 36.3 Submission
of Information to the European Single Access Point
(1) In accordance with Article 2(2) of Regulation (EU)
2023/2859 of the European Parliament and of the Council of 13
December 2023 establishing a European single access point
providing centralised access to publicly available information of
relevance to financial services, capital markets and
sustainability (hereinafter - Regulation No 2023/2859):
1) the Ministry of Finance shall be the competent authority
responsible for ensuring that the information published on its
website on the sanctions and administrative measures imposed on
sworn auditors and commercial companies of sworn auditors and
also the transparency reports of sworn auditors and commercial
companies of sworn auditors are submitted to the European single
access point;
2) the Latvian Association of Sworn Auditors shall be the
competent authority responsible for ensuring that the information
on sworn auditors and commercial companies of sworn auditors
published on its website and included in the public part of the
Sworn Auditor Register and the Register of Commercial Companies
of Sworn Auditors is submitted to the European single access
point.
(2) The competent authorities shall submit the information
referred to in Paragraph one, Clauses 1 and 2 of this Section to
the European single access point, ensuring that the information
conforms to the following requirements:
1) the information is prepared in the format specified in
Article 2(3) of Regulation No 2023/2859 that allows data
extraction by a machine;
2) the information is accompanied by the following
metadata:
a) the given name, surname, and address of the location of the
practice of the sworn auditor;
b) the name of the commercial company of sworn auditors and
its legal entity identifier (if available);
c) an indication of the fact that the information has been
submitted in accordance with the requirements of this Law and
Article 13a of Regulation No 537/2014;
d) an indication of whether the information contains personal
data.
[19 June 2025 / See Paragraph 39 of Transitional
Provisions]
Section 37. State Supervision of the
Latvian Association of Sworn Auditors
(1) As regards issues which are associated with the
certification of sworn auditors, the licensing of commercial
companies of sworn auditors and other tasks delegated to the
Latvian Association of Sworn Auditors by this Law and related to
the supervision of audit services, the Latvian Association of
Sworn Auditors shall be under supervision of the Ministry of
Finance. The legal acts of the Latvian Association of Sworn
Auditors which govern the certification of sworn auditors, the
licensing of commercial companies of sworn auditors, and the
execution of other tasks delegated to the Latvian Association of
Sworn Auditors by this Law shall be approved by the Latvian
Association of Sworn Auditors after agreement with the Ministry
of Finance.
(2) An authorised representative of the Ministry of Finance
who implements the supervision of the Latvian Association of
Sworn Auditors and cooperation with the competent authorities of
other Member States and third countries in the field of audit is
entitled to participate in meetings of the executive board,
general meetings, meetings of the committees and commissions of
the Latvian Association of Sworn Auditors, and also to become
acquainted with the decisions taken during the meetings of the
executive board of the Latvian Association of Sworn Auditors. The
Latvian Association of Sworn Auditors has the obligation to
inform the Ministry of Finance of the convening of a general
meeting and the meetings of the executive board and committees,
and commissions not later than three working days before the
general meeting or meeting in question and to inform the Ministry
of Finance of the taken decisions in writing.
(3) The authorised representative of the Ministry of Finance
who implements the supervision of the Latvian Association of
Sworn Auditors and cooperation with the competent authorities of
other Member States and third countries in the field of audit is
entitled to request from the Latvian Association of Sworn
Auditors all information, documents, and explanations which are
necessary to ensure supervision.
(4) A person who, during the last three years before
commencement of the fulfilment of the duties which are connected
with the supervision and cooperation, has provided audit services
or has been a voting shareholder or stockholder or the member of
the executive board or supervisory board, or an employee in a
commercial company of sworn auditors, or has been otherwise
connected with a commercial company of sworn auditors may not be
the authorised representative of the Ministry of Finance who
implements the supervision of the Latvian Association of Sworn
Auditors and cooperation with competent authorities of other
Member States and third countries in the field of audit.
(5) The authorised representative of the Ministry of Finance
who implements the supervision of the Latvian Association of
Sworn Auditors and cooperation with the competent authorities of
other Member States and third countries in the field of audit is
prohibited from disclosing a trade secret and personal data
obtained during the supervision and cooperation specified in this
Law, except for the cases specified in laws.
(6) The requirements referred to in this Section in the field
of supervision of audit services shall be equally applicable to
the supervision of sustainability report assurance service.
[22 January 2004; 12 June 2008; 29 January 2009; 3 June
2010; 22 March 2012; 19 April 2018; 26 September 2024]
Section 37.1 Cooperation
with Competent Authorities of Other Member States
(1) The Ministry of Finance shall be the institution
responsible for cooperation with the competent authorities of
other Member States and third countries in the field of
audit.
(2) Upon request of the competent authority of another Member
State, the Ministry of Finance shall, without delay, provide
assistance in investigative actions that are associated with
audits (reviews) of annual statements and consolidated annual
statements of commercial companies carried out by sworn auditors
or commercial companies of sworn auditors. Within the meaning of
this Section, the assistance shall mean investigation and
communication of information upon request by the competent
authority of the Member State and also the provision of
authorisation to the competent authority of another Member State
or to persons authorised by that institution to participate in
the investigation. If the Ministry of Finance is unable to
provide, without delay, the requested assistance, it shall inform
the requesting entity of this circumstance and indicate the
reasons for delay.
(3) The Ministry of Finance may refuse to provide the
assistance referred to in Paragraph two of this Section if:
1) the communication of information or investigation could
interfere with the interests of the State or are in conflict with
the national security standards;
2) legal proceedings have been initiated against the same
sworn auditors or the same commercial companies of sworn auditors
regarding the same audit services provided by whom or which the
request for assistance referred to in Paragraph two of this
Section has been received;
3) for the same actions the final decision has already been
taken on the same sworn auditors or the same commercial companies
of sworn auditors regarding the same audit services provided by
whom or which the request for assistance referred to in Paragraph
two of this Section has been received.
(4) The Ministry of Finance has the right to request from the
competent authority of another Member State information which is
necessary to provide assistance in investigative actions that are
associated with audits (reviews) of annual statements and
consolidated annual statements of commercial companies carried
out by sworn auditors or commercial companies of sworn auditors
of another Member State eligible to carry out audits (reviews) of
annual statements and consolidated annual statements of
commercial companies registered in this Member State. The
Ministry of Finance shall use the received information only for
the provision of assistance in the investigative actions referred
to in this Section.
(41) The Ministry of Finance shall, without delay,
inform the competent authority of another Member State if, while
taking the investigative actions referred to in Paragraph four of
this Section, at least one of the following situations is
established:
1) a person which is entitled to carry out audits (reviews) of
annual statements and consolidated annual statements of
commercial companies registered in another Member State has not
complied with the requirements connected with professional
ethics, independence, objectiveness, confidentiality or has not
been registered in the public register, or has not been subject
to quality assurance system;
2) an audit (review) of an annual statement or consolidated
annual statement of the commercial company registered in another
Member State has not been carried out in accordance with the
international auditing standards recognised in Latvia or equal
international auditing standards;
3) an audit (review) of an annual statement or consolidated
annual statement of the commercial company registered in another
Member State has been carried out by a person who is not entitled
to carry it out.
(42) The Ministry of Finance is entitled to request
from the competent authority of another Member State information
on the investigative actions which have been taken after receipt
of information on the conditions referred to in Paragraph
4.1 of this Section and significant facts discovered
during the investigation which may be the basis for taking
appropriate measures to eliminate these conditions.
(43) If the Ministry of Finance receives the
information from the competent authority of another Member State
that a sworn auditor or a commercial company of sworn auditors
has not complied with the requirements of this Law or that an
audit (review) of annual statement or consolidated annual
statement has been carried out by a person who is not entitled to
carry it out, the Ministry of Finance shall take the necessary
investigative actions and inform the competent authority of
another Member State of the results of this investigation and the
measures taken.
(44) The Ministry of Finance has the right to
request that the investigative actions within the territory of
another Member State are taken by the competent authority of this
Member State or that the competent authority of another Member
State permits an authorised representative of the Ministry of
Finance to participate in the investigation performed by the
competent authority of this Member State.
(45) If the investigation is performed in the
territory of Latvia, the Ministry of Finance shall supervise the
investigation during its entire course.
(5) The Ministry of Finance shall comply with the
confidentiality requirements when cooperating with the competent
authorities of other Member States in the field of audit. When
communicating the information referred to in Paragraphs two and
six of this Section to the competent authority of another Member
State, the Ministry of Finance shall indicate whether the
relevant information contains a trade secret or personal data.
All persons who have become aware of the information referred to
in Paragraph two of this Section while performing the
investigation referred to in this Section and who have
participated in the provision of the information referred to in
Paragraph six of this Section are prohibited from disclosing a
trade secret or personal data obtained while performing the
abovementioned investigation and providing information, except
for the cases specified in laws.
(6) The Ministry of Finance shall cooperate with the competent
authorities of Member States in the field of audit, providing
them with information on the supervision of sworn auditors and
commercial companies of sworn auditors and receiving information
from them on the supervision of foreign auditors and foreign
commercial companies of auditors entered in their register. The
Ministry of Finance shall, when cooperating with the competent
authorities of other Member States in the field of audit, rely on
the supervision conditions of foreign auditors and foreign
commercial companies of auditors in such Member State in the
relevant register of which the foreign auditor or the foreign
commercial company of auditors is entered.
(7) If an auditor of another Member State or a commercial
company of auditors of another Member State carries out the audit
(review) of the annual statement or consolidated annual statement
(if such has been prepared) of a subsidiary of a group of
companies of the Republic of Latvia registered in another Member
State which is used for the preparation of the consolidated
annual statement of a group of companies of the Republic of
Latvia, then the audit (review) of such annual statement or
consolidated annual statement (if such has been prepared) shall
be recognised as equivalent to the audit (review) of the annual
statement or consolidated annual statement (if such has been
prepared) carried out by a sworn auditor or a commercial company
of sworn auditors and the auditor of another Member State or the
commercial company of auditors of another Member State which
carries out the audit (review) of such annual statement or
consolidated annual statement (if such has been prepared) is not
subject to additional requirements in relation to registration,
audit services quality control, independence, the auditing
standards applied during auditing (review) of the consolidated
annual statement and the conformity to the requirements of the
professional code of ethics.
(8) If an auditor of another Member State or a commercial
company of auditors of another Member State provides audit
services to such commercial company which is not registered in
the Republic of Latvia but whose transferable securities are
admitted to trading on the regulated market of the Republic of
Latvia, then such audit services shall be recognised as
equivalent to the audit services provided by a sworn auditor or a
commercial company of sworn auditors, and the auditor of another
Member State or the commercial company of auditors of another
Member State which provides such audit services is not subject to
additional requirements in relation to registration, audit
services quality control, independence, the auditing standards
applied during the audit (review) of the consolidated annual
statement and the conformity to the requirements of the
professional code of ethics.
[12 June 2008; 29 January 2009; 22 March 2012; 19 June
2025]
Section 37.2 Audit
Advisory Council
(1) The Audit Advisory Council (hereinafter - the Council) is
a consultative body which is established and whose staff is
approved by the Minister for Finance. The purpose of the
operation of the Council is promoting the increase of quality of
audit services.
(2) The Council shall consist of one member from each of the
following: the Ministry of Finance, the Ministry of Justice,
Latvijas Banka, the Latvian Association of Sworn Auditors, the
Latvian Association of Accountants, akciju sabiedrība "Nasdaq
Riga" [joint-stock company Nasdaq Riga], the Foreign
Investors Council in Latvia, the Employers' Confederation of
Latvia, and one of the Latvian higher education institutions.
(3) The Council shall act in accordance with the by-laws
approved by the Cabinet. The activities of the Council shall be
technically ensured by the Ministry of Finance from the funds
allocated for this purpose in the State budget.
[12 June 2008; 3 June 2010; 18 April 2013; 26 September
2024; 19 June 2025]
Section 37.3 Tasks and
Rights of Audit Advisory Council
(1) The Council shall examine the documents prepared by the
Latvian Association of Sworn Auditors regarding the examination
and certification of applicants for sworn auditors, licensing of
commercial companies of sworn auditors, maintaining the
qualification of sworn auditors and the audit services quality
control, and also regarding the international auditing standards
recognised in Latvia and requirements for the professional code
of ethics, and shall make recommendations to the Latvian
Association of Sworn Auditors for their improvement while
concurrently informing the Ministry of Finance of the
recommendations it has made.
(2) The Council has a right to receive from the Latvian
Association of Sworn Auditors information and documents necessary
for the execution of the tasks of the Council.
(3) The authorised members of the Council have the right to
participate in general meetings and meetings of the executive
board and committees of the Latvian Association of Sworn Auditors
where the documents referred to in Paragraph one of this Section
are reviewed, as well as to get familiarised with the decisions
pertaining to the documents referred to in Paragraph one of this
Section, taken in these general meetings and sessions.
(4) The Council has the right to make recommendations to the
Ministry of Finance regarding the necessary amendments to the
legal acts governing the field of auditing.
(5) The Council members who, while performing the assignments
of the Council, have become aware of trade secret shall comply
with the confidentiality requirements. The confidentiality
requirements shall apply to all members of the Council, including
persons who have completed their term in the Council.
(6) Once every year, the Council shall submit summarised
information on its activities to the Ministry of Finance.
[12 June 2008; 19 June 2025]
Section 37.4 Cooperation
with the Competent Authorities of the Third Countries
(1) The Ministry of Finance shall enter into a mutual
agreement with the competent authority of a third country in the
field of audit if a request for the audit working papers and
other documents referred to in Paragraph two of this Section has
been received therefrom. The Ministry of Finance shall without
delay inform the European Commission of the conclusion of a
mutual agreement.
(2) Upon request of the competent authority of a third
country, the Ministry of Finance shall hand over thereto copies
of audit working papers and other documents of a sworn auditor
and a commercial company of sworn auditors which are at the
disposal of the sworn auditor or the commercial company of sworn
auditors if all of the following conditions referred to in this
Paragraph of the Section exist:
1) the audit working papers and other documents requested are
related to the provision of audit services to such commercial
companies the transferable securities of which are admitted to
trading on the regulated market of the relevant third country or
to such commercial company which is a subsidiary of the group of
companies involved in consolidation the audit (review) of the
annual statement of which is carried out by an auditor of the
relevant third country or a commercial company of auditors of the
relevant third country;
2) the competent authority of the third country has provided a
justification for the request of audit working papers and other
documents;
3) confidentiality requirements apply to the employees of the
competent authority of the third country who receive copies of
the audit working papers or other documents requested;
4) the competent authority of the third country is from such
third country the supervision, audit services quality control,
investigation, and penalty systems of which have been recognised
by the European Commission as equivalent to the supervision,
audit services quality control, investigation, and penalty
systems of Member States.
(3) The Ministry of Finance is entitled to refuse to hand over
copies of the documents referred to in Paragraph two of this
Section if at least one of the following conditions referred to
in this Paragraph of the Section exists:
1) the handing over of copies of documents may harm the
interests of the State or is in conflict with the national
security standards;
2) judicial proceedings have been commenced against the same
sworn auditors or the same commercial companies of sworn auditors
regarding which or regarding the same audit services provided by
which the request referred to in Paragraph one of this Section
was received.
(4) Within a month after receipt of the request of the
competent authority of a third country referred to in Paragraph
one of this Section, the Ministry of Finance shall send a request
to the Latvian Association of Sworn Auditors to submit the copies
of the audit working papers and other documents referred to in
Paragraph two of this Section to the Ministry of Finance.
(5) Upon request of the Ministry of Finance referred to in
Paragraph four of this Section, the Latvian Association of Sworn
Auditors shall request copies of the audit working papers or
other documents referred to in the request of the Ministry of
Finance from the relevant sworn auditor or commercial company of
sworn auditors which have been certified in accordance with the
legal acts regarding the development and drawing up of
documents.
(6) Within a month after receipt of the request of the
Ministry of Finance, the Latvian Association of Sworn Auditors
shall submit copies of the audit working papers and other
documents referred to in Paragraph two of this Section to the
Ministry of Finance for theu handing over to the relevant
competent authority of the third country. The Latvian Association
of Sworn Auditors shall submit the abovementioned copies of
documents certified in accordance with the legal acts regarding
the development and drawing up of documents. The Latvian
Association of Sworn Auditors shall comply with the
confidentiality requirements and, when submitting copies of the
abovementioned audit working papers and other documents, indicate
whether the particular documents contain a trade secret or
personal data. Personal data shall be handed over to the
competent authorities of third countries in accordance with
Article 15 of Regulation No 2016/679. All persons who have become
aware of a trade secret and personal data when handing over
copies of the abovementioned audit working papers and other
documents to the Ministry of Finance are prohibited from
disclosing them, except for the cases specified in laws.
(7) If the Latvian Association of Sworn Auditors cannot submit
copies of the requested documents within the time limit referred
to in Paragraph six of this Section due to objective reasons, it
shall notify the Ministry of Finance thereof in writing,
indicating the reasons for delay and the date when copies of
documents will be submitted.
(8) The Ministry of Finance shall comply with the
confidentiality requirements when cooperating with the competent
authorities of the third country in the field of audit. When
handing over copies of the audit working papers and other
documents referred to in Paragraph two of this Section, the
Ministry of Finance shall indicate whether the particular
documents contain trade secret or personal data. All persons who
have become aware of trade secret or personal data in handing
over copies of audit working papers and other documents to the
third country competent authority are prohibited from disclosing
them, except for the cases specified in laws.
[22 March 2012; 19 June 2025]
Chapter
VIII.1
Regulations for Ensuring the Application
of Regulation No 537/2014
[15 December 2016]
Section 37.5 Competent
Authorities
(1) In accordance with Article 20(1) of Regulation No
537/2014, the competent authority which is responsible for the
performance of the tasks provided for in this Regulation and
ensuring application of the provisions of this Regulation (except
for the performance of the tasks and ensuring application of the
provisions provided for in Regulation No 537/2014 for the
performance of and ensuring application of which Latvijas Banka
is determined to be the responsible institution in Paragraph two
of this Section) shall be the Ministry of Finance.
(2) In accordance with Article 20(2) of Regulation No
537/2014, the competent authority which is responsible for
ensuring application of the provisions of Chapter III, Articles
16, 17, and 19 of this Regulation shall be Latvijas Banka.
Latvijas Banka shall fulfil the following obligations as the
competent authority referred to in this Paragraph:
1) supervise whether a public-interest entity complies with
the provisions of this Law and Article 16 of Regulation No
537/2014 in respect of appointing of a sworn auditor or
commercial company of sworn auditors in the public-interest
entity and whether the public-interest entity, when entering into
an audit services contract or extending the validity of the
abovementioned contract, has complied with the provisions of
Section 37.8 of this Law and Article 17 of Regulation
No 537/2014 regarding the duration of the period for the
performance of the audit task in the public-interest entity;
2) within 10 days starting from the day when the report
referred to in Section 29, Paragraph 3.1 or
3.3 of this Law on termination of the audit services
contract before expiry thereof, in accordance with the
requirements of Article 19 of Regulation No 537/2014, notify the
Ministry of Finance thereof in writing;
3) immediately notify the Ministry of Finance in writing of
the possible violations of the requirements of this Law and
Regulation No 537/2014 in which a sworn auditor or commercial
company of sworn auditors appointed by the public-interest entity
is involved and which are detected during the supervision process
carried out by Latvijas Banka as the competent authority;
4) not later than until 1 February of the next year, compile
and submit a written information to the Ministry of Finance on
the measures taken and administrative acts issued in the previous
year which are related to the supervision referred to in Clause 1
of this Paragraph.
(3) Latvijas Banka is entitled to issue regulations for the
procedures for the compliance with Chapter III, Articles 16, 17,
and 19 of Regulation No 537/2014.
(4) The competent authorities referred to in Article 8(5)(g)
of Regulation No 537/2014 shall be the Ministry of Finance and
Latvijas Banka.
[15 December 2016; 26 September 2024; 19 June 2025]
Section 37.6 Non-audit
Services
(1) A sworn auditor and a commercial company of sworn auditors
which carry out the audit of annual statements or consolidated
annual statements of a public-interest entity but, if the
abovementioned sworn auditor or commercial company of sworn
auditors is a cooperation partner of the network of commercial
companies of auditors, also any cooperation partner of such
network of commercial companies of auditors are prohibited from
providing prohibited non-audit services referred to in the second
sub-paragraph of Article 5(1) of Regulation No 537/2014 to such
public-interest entity, the parent undertaking thereof and
subsidiaries of such public-interest entity in the European Union
during the period indicated in the first sub-paragraph of Article
5(1) of Regulation No 537/2014. Exception is such non-audit
services which are referred to in Paragraph two of this Section
if all provisions of Paragraph three of this Section are
conformed to.
(2) The non-audit services which the sworn auditor, the
commercial company of sworn auditors, and the cooperation partner
of the network of commercial companies of auditors referred to in
Paragraph one of this Section are entitled to provide if all
provisions of Paragraph three of this Section are complied with
shall be as follows:
1) the provision of tax consultancy services, including
consultations in respect of tax reliefs, tax calculation, and
preparation of tax declarations;
2) the provision of consultations in respect of receipt of
financial aid and support payments.
(3) A sworn auditor, a commercial company of sworn auditors,
and a cooperation partner of the network of commercial companies
of sworn auditors referred to in Paragraph one of this Section
are entitled to provide the non-audit services referred to in
Paragraph two of this Section if all of the following conditions
are met:
1) these services (separately or in the aggregate) have no
direct or have immaterial effect on the annual statement or
consolidated annual statement of the public-interest entity;
2) these services have no relation to the management or
decision-taking of the public-interest entity;
3) the estimation of the effect of these services on the
annual statement or consolidated annual statement of the
public-interest entity is comprehensively documented and
explained to the audit committee of the public-interest entity or
equal entity in accordance with Article 11 of Regulation No
537/2014;
4) a sworn auditor or commercial company of sworn auditors
complies with the independence requirements laid down in this
Law;
5) the provision of these services, before the commencement
thereof, has been approved by the audit committee of the
public-interest entity or an entity equal to the audit
committee.
(4) A sworn auditor and a commercial company of sworn auditors
which provide the sustainability report assurance service to a
public-interest entity but, if the abovementioned sworn auditor
or commercial company of sworn auditors is a cooperation partner
of the network of commercial companies of sworn auditors, also
any cooperation partner of this network of commercial companies
of sworn auditors are prohibited from directly or indirectly
providing the prohibited non-audit services referred to in
Article 5(1)(2)(b), (c), (e), (f), (g), (h), (i), (j), and (k) of
Regulation No 537/2014 to such public-interest entity, its parent
undertaking, or companies controlled by such public-interest
entities:
1) during the period from the beginning of such period for
which the sworn auditor or commercial company of sworn auditors
assures the integrity and completeness of the information
provided in the sustainability report until the date of issue of
the assurance report referred to in Section 32.1 of
this Law;
2) in the reporting year immediately preceding the period
referred to in Clause 1 of this Paragraph, in relation to the
prohibited non-audit services referred to in Article 5(1)(2)(e)
of Regulation No 537/2014.
(5) A sworn auditor and a commercial company of sworn auditors
which provide the sustainability report assurance service to a
public-interest entity but, if the abovementioned sworn auditor
or commercial company of sworn auditors is a cooperation partner
of the network of commercial companies of sworn auditors, also
any cooperation partner of this network of commercial companies
of sworn auditors may provide non-audit services other than the
prohibited non-audit services referred to in Paragraph four of
this Section to such public-interest entity, its parent
undertaking, or companies controlled by such public-interest
entities, except for the services referred to in Paragraph two of
this Section, if all of the provisions referred to in Paragraph
three of this Section have been fulfilled.
(6) If a member of such network of commercial companies of
sworn auditors the cooperation partner of which is a sworn
auditor or commercial company of sworn auditors which provides
the sustainability report assurance service to a public-interest
entity provides the prohibited non-audit services referred to in
Paragraph four of this Section to a commercial company registered
in a third country and controlled by a public-interest entity for
which the integrity and completeness of the information provided
in the sustainability report is being assured, the relevant sworn
auditor or commercial company of sworn auditors shall assess
whether the provision of services of such network member have an
impact on its independence. A sworn auditor and a commercial
company of sworn auditors may continue the provision of the
sustainability report assurance service to the relevant
public-interest entity only if, in accordance with Section 26,
Paragraph nine of this Law, a sworn auditor or commercial company
of sworn auditors justifies that the services provided by such
cooperation partner (member) of the network do not affect the
professional opinion of the sworn auditor and the assurance
report.
[15 December 2016; 19 April 2018; 26 September
2024]
Section 37.7 Restriction
of Receipt of a Fee for Non-audit Services and Granting of an
Exemption
(1) In accordance with the first sub-paragraph of Article 4(2)
of Regulation No 537/2014, when the sworn auditor or commercial
company of sworn auditors provides audit services to a
public-interest entity and concurrently provides also non-audit
services that are not the prohibited non-audit services referred
to in Article 5(1) of this Regulation to such company or parent
company or subsidiary thereof for three consecutive reporting
years or more, the total amount of calculated consideration
(hereinafter - the fee) for such non-audit services shall be
limited to maximum 70 % of the average annual fee received for an
audit (review) of the annual statement and consolidated annual
statement within the period of the last three consecutive years.
The average annual fee shall be calculated on the basis of the
fee calculated within the last three reporting years for an audit
(review) of the annual statement and consolidated annual
statement which is carried out for a public-interest entity and,
in the relevant case, for its parent undertaking or
subsidiary.
(11) The restrictions of receipt of the fee for
non-audit services referred to in Paragraph one of this Section
shall not be applicable to the sustainability report assurance
services.
(2) In exceptional case, when a submission of the sworn
auditor or commercial company of sworn auditors which carries out
an audit (review) of the annual statement and consolidated annual
statement for a public-interest entity is received where the need
to receive exemption in respect of a particular public-interest
entity is substantiated, Latvijas Banka is entitled to exempt the
abovementioned sworn auditor or commercial company of sworn
auditors from the requirement of the first sub-paragraph of
Article 4(2) of Regulation No 537/2014 referred to in Paragraph
one of this Section in respect of the particular public-interest
entity. Such exemption may be granted for a period not exceeding
two reporting years.
[15 December 2016; 26 September 2024; 19 June 2025]
Section 37.8 Maximum
Duration of an Audit Task and the Extension Thereof
(1) In accordance with the second sub-paragraph of Article
17(1) of Regulation No 537/2014, a sworn auditor or commercial
company of sworn auditors do not have the right to carry out an
audit (review) of the annual statement and consolidated annual
statement for more than 10 consecutive years in the same
public-interest entity (hereinafter in this Section - the maximum
duration of audit task).
(2) By way of derogation from the provisions of Paragraph one
of this Section, a public-interest entity is entitled to extend
the duration of the audit task for a commercial company of sworn
auditors so that this term would be longer than the maximum
duration of audit task referred to in Paragraph one of this
Section if both of the following conditions are complied
with:
1) after expiry of the maximum duration of the audit task, the
public-interest entity organises an open procurement for the
provision of audit services by using a tendering procedure;
2) the maximum duration of the audit task together with the
extension thereof (hereinafter in this Section - the extended
duration of audit task) does not exceed 20 years.
(3) In accordance with Article 17(3) of Regulation No
537/2014, after expiry of the maximum duration of audit task
referred to in Paragraph one of this Section or after expiry of
the extended duration of the audit task referred to in Paragraph
two of this Section, a sworn auditor and a commercial company of
sworn auditors are prohibited from undertaking a new audit task
in the abovementioned public-interest entity within the following
four-year period. If the sworn auditor or commercial company of
sworn auditors belongs to a network of commercial companies of
sworn auditors, the prohibition referred to in this Paragraph
shall also apply to the cooperation partners of such network.
[15 December 2016 / See Paragraph 18 of Transitional
Provisions]
Section 37.9
Establishment of the Audit Committee
(1) A commercial company which is registered in Latvia and the
transferable securities of which are admitted to trading on the
regulated market in Latvia or any other Member State shall
establish an audit committee or an equivalent body and ensure its
operation in accordance with the requirements for the
establishment and operation of the audit committee laid down in
Part D, Chapter II.1 of the Financial Instrument
Market Law.
(2) A public-interest entity other than the commercial company
referred to in Paragraph one of this Section shall establish an
audit committee or similar entity thereto, applying the
requirements for the establishment and operation of the audit
committee laid down in Part D, Chapter II1 of the
Financial Instrument Market Law accordingly. The public-interest
entity need not establish the audit committee if such entity
conforms to any of the conditions of Section 55.11,
Paragraph four of the Financial Instrument Market Law or it is an
open pension fund within the meaning of the Private Pension Fund
Law, or a manager of the State funded pension scheme funds within
the meaning of the Law on State Funded Pensions.
(21) A public-interest entity has the obligation to
inform Latvijas Banka in writing of the establishment of the
audit committee or equivalent body, composition thereof, and any
changes in the composition of the audit committee. If the
public-interest entity applies the exemption provided for in the
law and does not establish the audit committee, it shall inform
Latvijas Banka of the fact that it does not establish an audit
committee and provide a justification for this decision. Latvijas
Banka is entitled to issue regulations by specifying the scope of
information to be submitted and the period within which a
public-interest entity shall provide information on the
establishment of the audit committee or equivalent body,
composition thereof, and any changes in the composition of the
audit committee, or a justification for not establishing it.
(3) A public-interest entity has an obligation to provide the
additional report to the audit committee referred to in Article
11 of Regulation No 537/2014 to Latvijas Banka within five
working days after a written request by Latvijas Banka.
[15 December 2016; 26 September 2024; 19 June 2025]
Section 37.10
Responsibility of a Public-interest Entity
[19 June 2025]
Chapter
VIII.2
Responsibility of Public-interest
Entities
[19 June 2025]
Section 37.11 Types of
Sanctions Imposed by Latvijas Banka
Latvijas Banka may impose the following sanctions:
1) a warning;
2) a public notice;
3) a fine.
[19 June 2025]
Section 37.12 Warning of
Latvijas Banka
A warning is a written condemnation of an offence committed by
the natural or legal person responsible for the violation.
[19 June 2025]
Section 37.13 Public
notice of Latvijas Banka
(1) A public notice is a notice which indicates the natural or
legal person responsible for the violation and the essence of the
violation.
(2) Latvijas Banka shall post a public notice on its
website.
(3) A public notice may be imposed in addition to the
sanctions referred to in Section 37.11, Clauses 1 and
3 of this Law.
(4) The public notice shall be available on the website of
Latvijas Banka for a period of five years after the date of its
posting.
[19 June 2025]
Section 37.14 Fine
Imposed by Latvijas Banka
Latvijas Banka is entitled to impose a fine:
1) on a commercial company in an amount of up to 10 per cent
of the net turnover amount of the previous reporting year. If 10
per cent of the net turnover amount of the previous reporting
year is less than EUR 142 300, Latvijas Banka is entitled to
impose a fine of up to EUR 142 300;
2) of up to one million euros on a natural person who is
responsible for the violation.
[19 June 2025]
Section 37.15 Types of
Administrative Measures Imposed by Latvijas Banka
(1) Latvijas Banka may impose the following administrative
measures:
1) to request the person liable for the violation to cease the
relevant activity;
2) to impose a temporary prohibition on a member of the
supervisory board or executive board of the commercial company
who is responsible for the relevant violation to perform duties
determined for him or her in the commercial company until the
violation has been rectified, but for not longer than three
years.
(2) Latvijas Banka may impose one or more administrative
measures separately or in addition to the sanctions.
[19 June 2025]
Section 37.16 Violations
in the Field of Activities of Public-interest Entities
(1) Latvijas Banka is entitled to impose on a public-interest
entity the sanctions or administrative measures specified in this
Law if the public-interest entity fails to comply with:
1) the requirements for the establishment of the audit
committee and the ensuring of operation of this committee;
2) the obligation to provide to Latvijas Banka, within five
working days upon a written request of Latvijas Banka, the
additional report to the audit committee referred to in Article
11 of Regulation No 537/2014;
3) the regulations related to the appointment of a sworn
auditor or a commercial company of sworn auditors in the
public-interest entity;
4) the regulations regarding the duration of the period for
the performance of the audit task in the public-interest entity
when entering into an audit services contract with a sworn
auditor or a commercial company of sworn auditors or extending
the duration of the respective contract.
(2) The fines collected for the violations referred to in
Paragraph one of this Section shall be paid into the State
budget.
(3) The procedures laid down in Section 38.12 of
this Law shall apply to the period within which Latvijas Banka is
entitled to impose the sanctions or administrative measures
specified in this Law.
[19 June 2025]
Section 37.17 Informing
of the Sanctions and Administrative Measures Imposed
(1) Latvijas Banka shall post information on the sanctions and
administrative measures imposed on persons for the violations
referred to in Section 37.16, Paragraph one of this
Law on its website, indicating information on the appeal of the
administrative act issued thereby and the taken court ruling.
(2) Latvijas Banka shall post the information referred to in
Paragraph one of this Section on its website within five working
days from the day when the period for the appeal of the
administrative act has expired and it has not been appealed.
(3) In respect of the information referred to in Paragraph one
of this Section, Latvijas Banka is entitled to:
1) make it available to the public without identifying the
person if, upon previous assessment, it has been ascertained that
the disclosure of data of the natural person on whom a sanction
or administrative measure has been imposed is not commensurate or
that the disclosure of data of the natural or legal person may
pose a threat to the stability of the financial market or the
course of initiated criminal proceedings, or cause incommensurate
damage to the persons involved;
2) not make it available to the public if, upon previous
assessment, it has been ascertained that the disclosure of such
information may pose a threat to the stability of the financial
market or is not commensurate with the committed violation.
(4) If it is expected that the circumstances referred to in
Paragraph three of this Section may terminate within a reasonable
time period, making of the information referred to in Paragraph
one of this Section available to the public may be suspended for
this time period.
(5) The information posted on the website of Latvijas Banka in
accordance with the procedures laid down in this Section shall be
available for five years from the day of its initial posting.
[19 June 2025]
Section 37.18 Appeal of
an Administrative Act Issued by Latvijas Banka
(1) When appealing an administrative act issued by Latvijas
Banka, the application shall be submitted to the Regional
Administrative Court. The court shall examine a case as the court
of first instance. The case shall be examined in the composition
of three judges. A judgement of the Regional Administrative Court
may be appealed by submitting a cassation complaint.
(2) The appeal of the administrative act referred to in
Paragraph one of this Section, except for an administrative act
on the imposition of a fine or a public notice, shall not suspend
the operation of such act.
[19 June 2025]
Section 37.19 Obligation
of Latvijas Banka to Provide Information to the Ministry of
Finance
Latvijas Banka shall, within five working days after the day
of taking the decision, inform the Ministry of Finance in writing
of the sanctions and administrative measures imposed for the
violations referred to in Section 37.16, Paragraph one
of this Law, indicating the responsible person on whom the
abovementioned sanctions and administrative measures have been
imposed, and also the type of such sanctions and measures.
[19 June 2025]
Chapter
IX
Liability of Sworn Auditors and Commercial Companies of Sworn
Auditors
[4 September 2025]
Section 38. Initiation and
Examination of Disciplinary Matters and Procedures for the
Imposition of Sanctions
[22 January 2004]
Section 38.1 Initiation
and Examination of Disciplinary Matters and Imposition of
Sanctions
[4 September 2025]
Section 38.2 Types of
Sanctions Imposed by the Ministry of Finance
The Ministry of Finance may impose the following
sanctions:
1) a warning;
2) a public notice;
3) a fine;
4) a prohibition for a sworn auditor, a commercial company of
sworn auditors, or a responsible sworn auditor to provide audit
services and to sign auditor's report for a period of up to three
years;
5) a prohibition for a sworn auditor, a commercial company of
sworn auditors, a responsible sworn auditor, or a lead
sustainability auditor to provide sustainability report assurance
services and to sign the assurance report on the sustainability
report for a period of up to three years;
6) a prohibition to provide sustainability report assurance
services (cancellation of the entry in the Sworn Auditor Register
on the right of a sworn auditor to provide sustainability report
assurance services, cancellation of the entry in the Register of
Commercial Companies of Sworn Auditors on the right of a
commercial company of sworn auditors to provide sustainability
report assurance services);
7) a prohibition to provide audit services (cancellation of
the sworn auditor certificate or cancellation of the licence for
a commercial company of sworn auditors).
[19 June 2025]
Section 38.3 Warning of
the Ministry of Finance
A warning is a written condemnation of an offence committed by
the natural or legal person responsible for the violation.
[19 June 2025]
Section 38.4 Public
Notice of the Ministry of Finance
(1) A public notice is a notice which indicates the natural or
legal person responsible for the violation and the essence of the
violation.
(2) The Ministry of Finance shall post a public notice on its
website:
1) indicating the sworn auditor responsible for the violation
(the given name, surname, and certificate number of the sworn
auditor) and the responsible commercial company of sworn auditors
(the name and licence number of the commercial company of sworn
auditors), and also the essence of the committed violation;
2) that the signed auditor's report does not conform to the
content of the auditor's report specified in this Law and the
requirements for the auditor's report laid down in Article 10 of
Regulation No 537/2014;
3) that the signed assurance report on the sustainability
report does not conform to the requirements of Section
32.1 of this Law.
(3) A public notice may be imposed in addition to the
sanctions referred to in Section 38.2, Clauses 1, 3,
4, 5, 6, and 7 of this Law.
(4) The public notice shall be available on the website of the
Ministry of Finance for five years after the day of its
posting.
[19 June 2025]
Section 38.5 Fine Imposed
by the Ministry of Finance
The Ministry of Finance is entitled to impose a fine:
1) on a commercial company of sworn auditors - up to EUR 14
200;
2) on the sworn auditor responsible for the violation - up to
EUR 7200.
[19 June 2025]
Section 38.6 Types of
Administrative Measures Imposed by the Ministry of Finance
(1) The Ministry of Finance may impose the following
administrative measures:
1) to request that a sworn auditor or a commercial company of
sworn auditors immediately cease the relevant actions and request
immediate rectification of the violation;
2) to impose a temporary prohibition on a member of the
management body of the commercial company of sworn auditors if he
or she is a sworn auditor and is responsible for the relevant
violation to fulfil the duties determined for him or her in the
commercial company of sworn auditors until the moment of
rectification of the violation, but not longer than for a period
of up to three years.
(2) The Ministry of Finance may impose one or more
administrative measures separately or in addition to the
sanctions.
[19 June 2025]
Section 38.7 Violations
in the Field of Activities of Sworn Auditors and Commercial
Companies of Sworn Auditors
(1) The Ministry of Finance is entitled to impose the
sanctions or administrative measures specified in this Law on a
sworn auditor and a commercial company of sworn auditors if the
sworn auditor or the commercial company of sworn auditors:
1) violates the requirements for maintaining independence and
objectivity;
2) fails to comply with the requirements to provide the new
sworn auditor or the new commercial company of sworn auditors
(with whom a contract has been concluded) with access to all
information on the client and the last audit of its annual
statement and consolidated annual statement;
3) violates the requirements for maintaining
confidentiality;
4) fails to comply with the requirements for the improvement
of professional qualification (further education) of sworn
auditors;
5) fails to comply with the requirements in respect of the
planning, performance, and final procedure of the audit task;
6) fails to comply with the requirement to provide the audit
committee of the audited client with an attestation of
independence of his or her professional activity from the audited
client;
7) fails to comply with the requirement to inform the audit
committee of the client of any circumstances that jeopardise the
independence of the sworn auditor and to consult on the measures
taken in order to eliminate such circumstances;
8) provides audit services in the case when he or she has not
concluded an audit services contract;
9) fails to comply with the requirement to inform the Ministry
of Finance, the Latvian Association of Sworn Auditors, and
Latvijas Banka of the termination of an audit services contract
during its term of validity and of the reasons for its
termination;
10) fails to comply with the requirement to inform the
Ministry of Finance of the concluded or extended audit services
contract for the audit of the annual statement or consolidated
annual statement concluded with a client that is a
public-interest entity;
11) violates the prohibition to hold a position in the
management body, executive board, supervisory board, audit
committee of a former client, or, if the relevant client does not
establish the audit committee, in an authority performing
functions equivalent to those of the audit committee;
12) fails to comply with the requirement to appoint the
responsible sworn auditor for the provision of audit services and
to notify the client of such appointment;
13) fails to comply with the regulations regarding the
particulars and content of the auditor's report;
14) fails to comply with the requirement to inform the audit
committee of the client's management or public-interest entity of
the issues not included in the opinion;
15) fails to comply with the requirement to provide Latvijas
Banka with information in accordance with Article 12(1)(a), (b),
and (c) of Regulation No 537/2014 in respect of the facts
discovered during the provision of audit services;
16) fails to comply with the requirement to provide the
Corruption Prevention and Combating Bureau with information in
respect of the facts discovered during the provision of audit
services which may be related to the bribery of an official;
17) fails to comply with the requirement for the preparation
and publication of a transparency report and reporting to the
competent authorities;
18) fails to comply with the requirements for the keeping of
audit working papers and audit files and the storage of reports
and other documents;
19) fails to comply with the requirements for handing over
audit working papers and ensuring cooperation between the
responsible sworn auditor of a group of companies and the auditor
of a subsidiary of a group of companies;
20) fails to comply with the requirement to perform a re-audit
of the updated annual statement and consolidated annual
statement;
21) fails to comply with the requirements for the organisation
of work and quality management at the level of the audit task or
the practice of sworn auditors;
22) fails to comply with the requirement for the provision of
information to the competent authorities in relation to the list
of audited public-interest entities and the income obtained
therefrom, and also the further education of sworn auditors;
23) fails to comply with the requirements for the provision of
prohibited non-audit services and the independence
requirements;
24) exceeds the determined remuneration limit for the services
not related to the audit of public-interest entities;
25) fails to comply with the requirement for the extension of
the maximum period for the provision of audit service to a
public-interest entity, fails to comply with the prohibition to
provide audit service for four years after the expiry of the
maximum period for the audit task, fails to comply with the
prohibition on lead audit partners to resume participation in the
mandatory audit for three years after the expiry of the maximum
period for the audit task, fails to comply with the requirement
of Article 17 of Regulation No 537/2014 regarding the
establishment of a gradual rotation mechanism for employees,
reporting to the competent authority;
26) fails to comply with the requirement of Article 4(3) of
Regulation No 537/2014 in respect of the notification of the
audit committee of a public-interest entity if the total fees for
audit services received from the public-interest entity for each
of the last three consecutive financial years exceed 15 per cent
of the total income of the sworn auditor or commercial company of
sworn auditors;
27) fails to comply with the requirement of Article 7 of
Regulation No 537/2014 regarding the provision of information to
the competent authorities if a potential violation, including
fraud, has been established during the provision of audit
services;
28) fails to comply with the requirement of Article 10 of
Regulation No 537/2014 regarding the additional content of the
auditor's report prepared by the sworn auditor appointed by a
public-interest entity;
29) fails to comply with the requirement of Article 11 of
Regulation No 537/2014 regarding the additional report to the
audit committee.
(2) For the violations referred to in Paragraph one of this
Section which have been committed by sworn auditors and
commercial companies of sworn auditors providing audit services,
including sustainability report assurance services, to clients
that are not public-interest entities, the Ministry of Finance
may impose sanctions or administrative measures upon the proposal
of the Latvian Association of Sworn Auditors.
(3) The fines collected for the violations referred to in
Paragraph one of this Section shall be paid into the State
budget. The person shall pay the fine imposed by the Ministry of
Finance not later than within one month from the day when the
decision of the Ministry of Finance to impose the fine has
entered into effect.
[19 June 2025]
Section 38.8 Imposing of
Sanctions and Administrative Measures
(1) When taking the decision on the imposition of
administrative measures on sworn auditors and commercial
companies of sworn auditors and on the amount of a fine, the
Ministry of Finance shall assess the proportionality,
effectiveness, and deterrent nature of the imposed sanctions and
administrative measures, and also take into account:
1) the gravity of the violation;
2) the duration of the violation;
3) the level of responsibility of the person;
4) income gained by the person as the result of violation;
5) compensation of losses caused as the result of
violation;
6) cooperation of the person with the Ministry of Finance in
the investigation of the violation;
7) the financial position of the person: for a commercial
company of sworn auditors - the total net turnover in the
previous reporting year, for a sworn auditor who carries out
professional activity as a sole proprietorship or self-employed
person - the total turnover (income) from economic transactions
in the previous reporting year;
8) the previous violations of the person committed in the
field of provision of professional services.
(2) The Ministry of Finance shall issue recommendations
(guidelines) on the imposition of the sanctions referred to in
Section 38.2 of this Law and the administrative
measures referred to in Section 38.6, Paragraph one of
this Law, and shall publish them on its website.
(3) The Ministry of Finance shall not impose the sanctions
referred to in Section 38.2 of this Law and the
administrative measures referred to in Section 38.6,
Paragraph one of this Law in the case where criminal proceedings
have been initiated for the same violation.
[19 June 2025]
Section 38.9 Obligation
of the Ministry of Finance to Provide Information to the
Committee of European Auditing Oversight Bodies
(1) The Ministry of Finance shall, within one month after the
end of each calendar year, prepare and send to the Committee of
European Auditing Oversight Bodies compiled information on the
sanctions and administrative measures imposed in the previous
year by the Ministry of Finance and Latvijas Banka, indicating
all the persons on whom sanctions and administrative measures
have been imposed, and also the type of sanctions and
administrative measures imposed.
(2) The Ministry of Finance shall immediately inform the
Committee of European Auditing Oversight Bodies of the
following:
1) the imposition of the administrative measure referred to in
Section 38.6, Paragraph one, Clause 2 and of the
sanctions referred to in Section 38.2, Clauses 4 and 5
of this Law, indicating the person on whom the administrative
measure has been imposed and the type of such administrative
measure;
2) the imposition of the administrative measure referred to in
Section 37.15, Paragraph one, Clause 2, indicating the
person on whom the administrative measure has been imposed and
the type of such administrative measure;
3) if the Latvian Association of Sworn Auditors has
temporarily suspended the validity of a sworn auditor certificate
due to the circumstances referred to in Section 17, Paragraph one
of this Law, indicating the sworn auditor whose validity of the
certificate has been suspended;
4) if the Latvian Association of Sworn Auditors has
temporarily suspended the validity of a licence for a commercial
company of sworn auditors due to the circumstances referred to in
Section 36, Paragraph four of this Law, indicating the commercial
company of sworn auditors whose validity of the licence has been
suspended.
[19 June 2025]
Section 38.10 Informing
of the Sanctions and Administrative Measures Imposed
(1) The Ministry of Finance shall post on its website the
information on the sanctions referred to in Section
38.2 of this Law and the administrative measures
referred to in Section 38.6, Paragraph one of this Law
imposed on persons, indicating the person responsible for the
violation (the given name, surname, certificate number of the
sworn auditor and the name, registration number, and licence
number of the commercial company of sworn auditors), the type and
essence of the violation, and the sanction or administrative
measure imposed by the Ministry of Finance, and also information
on the appeal of its issued administrative act and the court
ruling taken.
(2) The Ministry of Finance shall post the information
referred to in Paragraph one of this Section on its website
within five working days from the day when the period for the
appeal of the administrative act has expired and it has not been
appealed.
(3) In respect of the information referred to in Paragraph one
of this Section, the Ministry of Finance is entitled to:
1) make it available to the public without identifying the
person if, upon previous assessment, it has been ascertained that
the disclosure of data of the natural person on whom a sanction
or administrative measure has been imposed is not commensurate or
that the disclosure of data of the natural or legal person may
pose a threat to the stability of the financial market or the
course of initiated criminal proceedings, or cause incommensurate
damage to the persons involved;
2) not make it available to the public if, upon previous
assessment, it has been ascertained that the disclosure of such
information may pose a threat to the stability of the financial
market or is not commensurate with the committed violation.
(4) If it is expected that the circumstances referred to in
Paragraph three of this Section may terminate within a reasonable
time period, making of the information referred to in Paragraph
one of this Section available to the public may be suspended for
this time period.
(5) The information posted on the website of the Ministry of
Finance in accordance with the procedures laid down in this
Section shall be available for five years from the day of its
initial posting.
[19 June 2025]
Section 38.11 Appeal of
an Administrative Act Issued by the Ministry of Finance
(1) An administrative act (decision) of the Ministry of
Finance issued in relation to the sanctions referred to in
Section 38.2 of this Law and the administrative
measures referred to in Section 38.6, Paragraph of
this Law may be appealed to the Regional Administrative Court.
The Regional Administrative Court shall examine the case as the
court of first instance. The case shall be examined in the
composition of three judges. A judgement of the Regional
Administrative Court may be appealed by submitting a cassation
complaint.
(2) The appeal of the administrative act referred to in
Paragraph one of this Section, except for an administrative act
on the imposition of a fine or a public notice, shall not suspend
the operation of such act.
[19 June 2025]
Section 38.12 Statute of
Limitation
(1) The Ministry of Finance is entitled to initiate
proceedings not later than within five years from the day of
committing the violation but, in case of a continuous offence,
from the day of terminating the violation.
(2) The calculation of the statute of limitation specified in
Paragraph one of this Section shall be stopped from the day of
initiation of the proceedings.
(3) The Ministry of Finance may take the decision to impose
the sanctions and administrative measures specified in Section
38.2 of this Law within two years from the day of
initiation of the proceedings.
(4) The Ministry of Finance shall terminate the proceedings if
the decision on the imposition of sanctions and administrative
measures provided for in this Law has not been taken within the
period specified in Paragraph three of this Section.
[19 June 2025]
Section 38.13 Submission
and Examination of Complaints Regarding the Professional
Activities of Sworn Auditors and Commercial Companies of Sworn
Auditors by the Latvian Association of Sworn Auditors
(1) A legal or natural person may submit a complaint to the
Latvian Association of Sworn Auditors regarding the actions of a
sworn auditor or a commercial company of sworn auditors when
providing the audit service or sustainability report assurance
service to a client that is not a public-interest entity.
(2) The Latvian Association of Sworn Auditors is entitled to
request the information and documents required by it from the
submitter of the complaint, the sworn auditor, or the commercial
company of sworn auditors against whose actions the complaint has
been submitted.
(3) Complaints regarding the actions of a sworn auditor or a
commercial company of sworn auditors when providing the audit
service or sustainability report assurance service to a client
that is not a public-interest entity shall be examined by the
Latvian Association of Sworn Auditors within one month from the
day of receipt of the complaint.
(4) If the period referred to in Paragraph three of this
Section cannot be complied with due to objective reasons, the
Latvian Association of Sworn Auditors may extend it, but for not
longer than three months from the day of receipt of the
complaint, notifying the submitter of the complaint of this
fact.
(5) If, during the examination of a complaint, the Latvian
Association of Sworn Auditors establishes that a sworn auditor or
a commercial company of sworn auditors has committed the
violation referred to in Section 38.7, Paragraph one
of this Law, it shall, in accordance with Paragraph two of the
respective Section, propose the Ministry of Finance to apply
sanctions or administrative measures.
(6) The procedures for the examination of complaints shall be
determined by the by-laws which shall be approved by the Latvian
Association of Sworn Auditors after agreement with the Ministry
of Finance.
[19 June 2025]
Section 39. Disciplinary
Sanctions
[22 January 2004]
Section 40. Dispute and Appeal of
Decisions by the Latvian Association of Sworn Auditors
(1) Complaints regarding unlawful activities of the Latvian
Association of Sworn Auditors or activities that do not comply
with the articles of association shall be adjudicated by a
court.
(2) Decisions by the Latvian Association of Sworn Auditors
that are related to the certification of sworn auditors, the
licensing of commercial companies of sworn auditors, and other
tasks delegated thereto by this Law in relation to the
supervision of audit services and sustainability report assurance
services may be disputed to the Ministry of Finance. The decision
of the Ministry of Finance may be appealed to a court in
accordance with the procedures laid down in the law.
[22 January 2004; 19 June 2025]
Section 41. Civil Liability of a
Sworn Auditor and a Commercial Company of Sworn Auditors and Time
Limits for the Compensation for Losses
(1) A sworn auditor or a commercial company of sworn auditors
shall be liable for the commitments which have arisen as a result
of entering into a contract with a client for the provision of
audit service or sustainability report assurance service.
(2) A sworn auditor or a commercial company of sworn auditors
shall be liable for the losses incurred by third parties who are
users of the client's annual statement and also the consolidated
annual statement, including the sustainability report, if the
auditor's report provided in accordance with international
auditing standards recognised in Latvia, or the assurance report
on the sustainability report provided in accordance with the
sustainability report assurance standards substantially
contradicts the actual state of things and if the provisions of
Sections 26, 27, 30, 32.1, 34, 34.1, or
34.3 of this Law have not been complied with.
(3) If two or more sworn auditors, or responsible sworn
auditors designated by a commercial company of sworn auditors,
or, where applicable, lead sustainability auditors, have signed
the auditor's report or the assurance report on the
sustainability report, they shall be jointly and severally liable
for the losses referred to in Paragraph two of this Section.
(4) The compensation for losses shall be covered by the sworn
auditor or commercial company of sworn auditors by a mutual
agreement or recovered by judicial means not later than within
three years from the day when the auditor's report or assurance
report on the sustainability report was signed.
[19 June 2025]
Section 42. Civil Liability
Insurance of a Sworn Auditor and a Commercial Company of Sworn
Auditors
(1) A sworn auditor who is a self-employed person or a sole
proprietorship (hereinafter in this Section - the sworn auditor)
and a commercial company of sworn auditors have the obligation to
insure their civil liability for professional activities
manifesting as the provision of audit service or sustainability
report assurance service which sets in if such professional
activities cause losses to third parties. The procedures for
insuring professional civil liability and also the insurance
limits shall be determined by the Cabinet.
(2) The minimum liability limit for the professional civil
liability insurance of a sworn auditor shall be the total revenue
earned by this sworn auditor in the previous reporting year from
audit services and, where applicable, sustainability report
assurance services, and it may not be less than the minimum
insurance amount determined by the Cabinet. In the year the sworn
auditor commences activity, the minimum insurance limit for the
professional civil liability insurance shall be the insurance
amount determined by the Cabinet.
(3) The minimum liability limit for the professional civil
liability insurance of a commercial company of sworn auditors,
except for partnerships that do not employ employees who are
sworn auditors, shall be the total revenue earned by this
commercial company of sworn auditors in the previous reporting
year from audit services and, where applicable, sustainability
report assurance services, and it may not be less than the
minimum insurance amount determined by the Cabinet. In the year
the commercial company of sworn auditors commences activity, the
minimum insurance limit for the professional civil liability
insurance shall be the insurance amount determined by the
Cabinet.
(4) When providing audit services to a public-interest entity,
the minimum liability limit for the professional civil liability
insurance of a service provider who is a sworn auditor or a
commercial company of sworn auditors shall be two per cent of the
amount of assets of the audited annual statement of such
public-interest entity for whom such assets are the highest ones
at the end of the previous reporting year, but not more than EUR
10 million and not less than the limit calculated in accordance
with Paragraph two or three of this Section.
(5) For the purpose of insuring professional civil liability,
a sworn auditor and a commercial company of sworn auditors may
choose to enter into a civil liability contract with:
1) an insurance company registered in the Commercial Register
which has obtained a licence issued by Latvijas Banka for general
civil liability insurance;
2) an insurance company registered in a country of the
European Economic Area or a member state of the Organisation for
Economic Co-operation and Development.
[19 June 2025]
Section 43. Liability for Fraud of a
Person who Does Not Have the Sworn Auditor Certificate
If a person who does not have the sworn auditor certificate or
the licence of a commercial company of sworn auditors accordingly
performs the activities permitted by this Law only to a sworn
auditor or commercial company of sworn auditors and submits an
auditor's report, he or she shall be held liable in accordance
with the law.
[14 September 2023]
Transitional
Provisions
1. With the coming into force of this Law, the law On Sworn
Auditors (Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs, 1996, No. 24; 2000, No. 10) is repealed.
2. The sworn auditor certificates which have been issued on
the basis of the laws which were in force until the day of coming
into force of this Law shall be recognised as valid.
3. Until 1 January 2003, the mandatory review prescribed by
laws of annual statements and also consolidated annual statements
of financial institutions as well as the commercial companies the
stocks of which are admitted to the official stock exchange
listing may be carried out by sworn auditors and companies of
sworn auditors indicated by the Financial and Capital Market
Commission which do not meet the requirements of this Law.
[22 January 2004]
4. Until 1 January 2005, the sworn auditor qualification
examination may be taken by persons who do not have the
three-year practical experience specified in Section 8 of this
Law. The sworn auditor certificate shall not be issued to such
persons after passing of the sworn auditor qualification
examination. If such persons acquire, within 5 years after
passing of the sworn auditor qualification examination, the
three-year practical experience specified in this Law by working
as assistants of sworn auditors, they may receive the sworn
auditor certificate in accordance with the procedures laid down
in Section 16 of this Law.
5. Until 1 January 2005, not only sworn auditors but also
other natural persons may be members of the Latvian Association
of Sworn Auditors if they have passed the sworn auditor
qualification examinations, are employed as assistants of sworn
auditors, and comply with the provisions of the articles of
association of the Association. Until 1 January 2003, all
licensed commercial companies of sworn auditors must become
members of the Latvian Association of Sworn Auditors.
6. Until 1 January 2003, all commercial companies which
provide audit services must receive the relevant licence of the
Latvian Association of Sworn Auditors.
7. Individual undertakings providing audit services are
entitled to continue the provision of such services in the status
of individual undertakings until the end of the transitional
period specified in the Law on the Procedures for the Coming into
Force of the Commercial Law.
8. The provisions of Section 21, Paragraphs two and three of
this Law shall come into force on 1 January 2004.
9. Amendments to Sections 19 and 24 of this Law and Sections
24.1, 24.2, and 24.3 shall come
into force on 29 June 2009.
[29 January 2009]
10. Amendments to Section 1, Clause 7, Sub-clause "e" of this
Law, and also Clause 7, Sub-clauses "f" and "g" of this Section
shall be applicable to the auditor's report which is prepared by
a sworn auditor and a commercial company of sworn auditors on an
annual statement and consolidated annual statement starting from
the reporting year 2016 (the reporting year which starts on 1
January 2016 or during the calendar year 2016).
[29 October 2015; 14 September 2023]
11. A sworn auditor and a commercial company of sworn auditors
shall carry out the limited review of annual statements provided
for in Section 28.1 of this Law starting from the
reporting year 2016 (the reporting year which starts on 1 January
2016 or during the calendar year 2016).
[29 October 2015]
12. Amendments to Section 33 of this Law in relation to the
provision of information to the Corruption Prevention and
Combating Bureau shall come into force on 1 January 2016.
[29 October 2015]
13. The Latvian Association of Sworn Auditors shall develop
and approve the procedures referred to in Section
28.1, Paragraph one and also in Section 33, Paragraph
3.2 of this Law until 1 December 2015.
[29 October 2015]
14. Until relevant amendments are made to other laws, the
reference to the law On Sworn Auditors used therein shall be
understood as reference to the Law on Audit Services.
[15 December 2016]
15. A commercial company of sworn auditors which does not meet
the requirements of Section 21, Paragraph four of this Law (at
least 75 per cent of the members of the executive board are sworn
auditors or auditors of Member States) is entitled to continue
the provision of audit services, however, not longer than until 1
January 2018.
[15 December 2016]
16. The provisions of Section 28, Paragraph 1.1 of
this Law shall be applied starting from the audit of the annual
statement for 2017.
[15 December 2016]
17. When starting the application of Section 29, Paragraph
4.1 of this Law, the time limit specified therein
shall be counted from the day of coming into force of this
norm.
[15 December 2016]
18. Section 37.8 of this Law shall be applied by
taking into account the conditions of Article 41 of Regulation No
537/2014.
[15 December 2016]
19. The public-interest entities referred to in Section
37.9, Paragraph two of this Law shall establish an
entity equal to an audit committee or elect an audit committee in
the next meeting of stockholders, but not later than within 12
months from the day of coming into force of this norm.
[15 December 2016]
20. The Financial and Capital Market Commission shall, in
accordance with Section 17.1, Paragraph two of the Law
on Financial and Capital Market Commission and by 1 January 2018,
issue recommendations (guidelines) for the imposition of the
sanctions and supervisory measures referred to in Section
37.10 of this Law and post them on its website.
[15 December 2016; 19 June 2025]
21. The Ministry of Finance shall, by 1 January 2018, issue
recommendations (guidelines) for the imposition of the sanctions
and supervisory measures referred to in Section 38.2
of this Law and post them on its website.
[15 December 2016; 19 June 2025]
22. Section 31.2, Clause 10 of this Law shall be
applicable to the auditor's report which is prepared by a sworn
auditor or a responsible sworn auditor of a commercial company of
sworn auditors on such annual statement and consolidated annual
statement which has been prepared for the reporting year that
starts on 22 June 2024 or later.
[14 September 2006]
23. The requirements of Section 8, Clause 4.1,
Section 11, Paragraph 1.1, Section 14, Paragraph two,
and Section 16.1, Paragraph two of this Law for the
sworn auditor examination in relation to the field of
sustainability shall not be applicable to the sworn auditors who,
until the day of coming into force of amendments to this Law in
relation to the field of sustainability, have obtained the
certificate of the sworn auditor for the provision of audit
services.
[26 September 2024; 19 June 2025]
24. The requirements of Section 8, Clause 4.1,
Section 11, Paragraph 1.1, and Section 14, Paragraph
two of this Law for the field of sustainability shall not be
applicable to applicants who, until the day of coming into force
of amendments to this Law in relation to the field of
sustainability, have commenced the process for the receipt of the
sworn auditor certificate, if such process is completed until 1
January 2026.
[26 September 2024]
25. The requirements of Section 8.1, Paragraph one
of this Law for mandatory training in the subjects of
qualification examination shall not be applicable to applicants
who are taking sworn auditor qualification examinations in
2024.
[26 September 2024]
26. The requirement referred to in Section 8, Paragraph two of
this Law for experience in the field of sustainability and also
the requirement to take the qualification examination in the
fields referred to in Section 14, Paragraph two of this Law shall
be applicable to the applicants who have not completed the
process of obtaining a sworn auditor certificate by 1 January
2026 and to the sworn auditors who have obtained their sworn
auditor certificate after 1 January 2026 and wish to provide
sustainability report assurance services.
[19 June 2025]
27. The sworn auditors who, until 1 January 2026, have
obtained a sworn auditor certificate and wish to provide
sustainability report assurance services shall acquire the
required knowledge on the preparation of sustainability reports
and the provision of sustainability report assurance in
accordance with the requirements of Section 28.2,
Paragraph two of this Law. The sworn auditor who provides the
sustainability report assurance service shall certify the
fulfilment of the further education requirements referred to in
Section 28.2, Paragraph two of this Law to the Latvian
Association of Sworn Auditors starting from 1 January 2026.
[26 September 2024]
28. The Latvian Association of Sworn Auditors shall, within
three months after coming into force of the Cabinet regulations
referred to in Section 8.1, Paragraph four of this
Law, develop and approve the training programme referred to in
Section 8.1, Paragraph two of this Law.
[26 September 2024]
29. The procedures laid down in Section 16.1 of
this Law shall be applicable to sworn auditors for the provision
of the sustainability report assurance service for the report
period starting from the reporting year 2024 (the reporting year
that starts on 1 January 2024 or later).
[26 September 2024]
30. The procedures laid down in Section 22.1 of
this Law shall be applicable to commercial companies of sworn
auditors for the provision of the sustainability report assurance
service for the report period starting from the reporting year
2024 (the reporting year that starts on 1 January 2024 or
later).
[26 September 2024]
31. Until the day of coming into force of the assurance
standards for sustainability reporting adopted by the European
Commission and referred to in Section 28, Paragraph
1.2 of this Law, a sworn auditor and a commercial
company of sworn auditors shall provide sustainability report
assurance services in conformity with the International Standard
on Assurance Engagements (ISAE) 3000, Assurance Engagements Other
than Audits or Reviews of Historical Financial Information,
issued by the International Auditing and Assurance Standards
Board.
[26 September 2024]
32. The Latvian Association of Sworn Auditors shall, by 30
December 2024, submit to the Ministry of Finance for agreement
the further education requirements referred to in Section
28.2, Paragraph one of this Law and its implementation
procedures. Until the day of coming into force of the regulations
regarding the further education requirements and its
implementation procedures, the By-laws Regarding the Mandatory
Training of Sworn Auditors of the Latvian Association of Sworn
Auditors shall be applicable.
[26 September 2024]
33. The requirement of Section 32.1, Paragraph one,
Clause 3 of this Law for the provision of the opinion of a sworn
auditor on the conformity of the markup (tagging) of
sustainability information shall be applicable from the day when
the technical requirements for the markup (tagging) of
sustainability reports which have been determined in accordance
with the delegated legal act of the European Commission amending
Commission Delegated Regulation (EU) 2019/815 of 17 December 2018
supplementing Directive 2004/109/EC of the European Parliament
and of the Council with regard to regulatory technical standards
on the specification of a single electronic reporting format
(hereinafter - Regulation (EU) No 2019/815) have become
applicable to the verifiable sustainability reports that have
been prepared in the single electronic reporting format in
accordance with Article 3 of Regulation (EU) No 2019/815.
[26 September 2024]
34. Until 31 December 2025, the persons referred to in Section
35.2, Paragraph six of this Law shall not be subject
to the requirements laid down in this Paragraph for experience in
the preparation of the sustainability report and the provision of
the sustainability report assurance, or experience with other
services related to sustainability.
[26 September 2024]
35. The requirement for training referred to in Section
8.1, Paragraph three of this Law and the requirement
laid down in Paragraph five of this Section to submit a document
certifying the completion of the training shall apply to the
sworn auditor qualification examination session commencing on 1
August 2025.
[19 June 2025]
36. The licensed payment institutions and electronic money
institutions referred to in Section 1, Paragraph 1.2,
Clause 5 of this Law shall ensure conformity to the requirements
laid down for public-interest entities starting from the
reporting year 2026.
[19 June 2025]
37. The Latvian Association of Sworn Auditors shall, within
four months after coming into force of Section 38.13
of this Law, develop and submit to the Ministry of Finance for
agreement the by-laws referred to in Section 38.13,
Paragraph six of this Law.
[19 June 2025]
38. The Latvian Association of Sworn Auditors shall, within
four months after coming into force of the amendments to Sections
10, 17, 18, Section 19, Paragraph 2.2, Sections 22,
23, and Section 24, Paragraph 2.2 of this Law, develop
and submit to the Ministry of Finance for agreement the by-laws
establishing the procedures for submitting and examining
applications of applicants for the taking of the qualification
examinations, and also the by-laws establishing the procedures
for the certification of sworn auditors and the licensing of
commercial companies of sworn auditors. Until the day of coming
into force of the respective by-laws, the existing by-laws of the
Latvian Association of Sworn Auditors establishing the procedures
by which applicants acquire the right to take the sworn auditor
qualification examinations and the by-laws governing the process
of certification of sworn auditors and licensing of commercial
companies of sworn auditors shall apply.
[19 June 2025]
39. The requirements laid down in the third sentence of
Section 33.1, Paragraph one and Section
36.3 of this Law shall be applicable starting from 10
January 2030.
[19 June 2025]
Informative
Reference to Directives of the European Union
[29 March 2007; 12 June 2008; 11
February 2010; 3 March 2011; 18 April 2013; 29 October 2015; 15
December 2016; 21 June 2018; 14 September 2023; 26 September
2024; 19 June 2025]
The Law contains norms arising from:
1) the Eighth Council Directive 84/253/EEC of 10 April 1984
based on Article 54(3)(g) of the Treaty on the approval of
persons responsible for carrying out the statutory audits of
accounting documents;
2) Council Directive 89/48/EEC of 21 December 1988 on a
general system for the recognition of higher-education diplomas
awarded on completion of professional education and training of
at least three years' duration;
3) European Parliament and Council Directive 95/26/EC of 29
June 1995 amending Directives 77/780/EEC and 89/646/EEC in the
field of credit institutions, Directives 73/239/EEC and 92/49/EEC
in the field of non- life insurance, Directives 79/267/EEC and
92/96/EEC in the field of life assurance, Directive 93/22/EEC in
the field of investment firms and Directive 85/611/EEC in the
field of undertakings for collective investment in transferable
securities (Ucits), with a view to reinforcing prudential
supervision;
4) Directive 2004/109/EC of the European Parliament and of the
Council of 15 December 2004 on the harmonisation of transparency
requirements in relation to information about issuers whose
securities are admitted to trading on a regulated market and
amending Directive 2001/34/EC;
5) Directive 2005/68/EC of the European Parliament and of the
Council of 16 November 2005 on reinsurance and amending Council
Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC
and 2002/83/EC;
6) Directive 2006/43/EC of the European Parliament and of the
Council of 17 May 2006 on statutory audits of annual accounts and
consolidated accounts, amending Council Directives 78/660/EEC and
83/349/EEC and repealing Council Directive 84/253/EEC;
7) Directive 2007/64/EC of the European Parliament and of the
Council of 13 November 2007 on payment services in the internal
market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and
2006/48/EC and repealing Directive 97/5/EC;
8) Directive 2009/110/EC of the European Parliament and of the
Council of 16 September 2009 on the taking up, pursuit and
prudential supervision of the business of electronic money
institutions amending Directives 2005/60/EC and 2006/48/EC and
repealing Directive 2000/46/EC (Text with EEA relevance);
9) Directive 2006/123/EC of the European Parliament and of the
Council of 12 December 2006 on services in the internal
market;
10) Directive 2013/34/EU of the European Parliament and of the
Council of 26 June 2013 on the annual financial statements,
consolidated financial statements and related reports of certain
types of undertakings, amending Directive 2006/43/EC of the
European Parliament and of the Council and repealing Council
Directives 78/660/EEC and 83/349/EEC (Text with EEA
relevance);
11) Directive 2014/56/EU of the European Parliament and of the
Council of 16 April 2014, amending Directive 2006/43/EC on
statutory audits of annual accounts and consolidated accounts
(Text with EEA relevance);
12) Directive 2014/95/EU of the European Parliament and of the
Council of 22 October 2014 amending Directive 2013/34/EU as
regards disclosure of non-financial and diversity information by
certain large undertakings and groups (Text with EEA
relevance);
13) Directive 2014/65/EU of the European Parliament and of the
Council of 15 May 2014 on markets in financial instruments and
amending Directive 2002/92/EC and Directive 2011/61/EU (Text with
EEA relevance);
14) Directive (EU) 2021/2101 of the European Parliament and of
the Council of 24 November 2021 amending Directive 2013/34/EU as
regards disclosure of income tax information by certain
undertakings and branches;
15) Directive (EU) 2022/2464 of the European Parliament and of
the Council of 14 December 2022 amending Regulation (EU) No
537/2014, Directive 2004/109/EC, Directive 2006/43/EC and
Directive 2013/34/EU, as regards corporate sustainability
reporting;
16) Directive (EU) 2023/2864 of the European Parliament and of
the Council of 13 December 2023 amending certain Directives as
regards the establishment and functioning of the European single
access point (Text with EEA relevance).
The Law shall come into force on 1 January 2002.
The Law has been adopted by the Saeima on 3 May 2001.
Acting for the President, the Chairperson
of the Saeima J. Straume
Rīga, 22 May 2001
1The Parliament of the Republic of
Latvia
Translation © 2026 Valsts valodas centrs (State
Language Centre)