administrative responsibility
1. Paragraph 1 of Article 39 of the Law on Certified Public Accountants stipulates that if an accounting firm violates the prohibitive provisions of Articles 20 and 26 of this Law on accounting firms engaging in auditing business, the financial department of the people's government at or above the provincial level shall give it a warning, confiscate its illegal income and may concurrently impose a fine of more than one time but less than five times its illegal income; If the circumstances are serious, the financial department of the people's government at or above the provincial level may suspend its business or cancel it.
Paragraph 2 of Article 39 of the Law on Certified Public Accountants stipulates that the financial department of the people's government at or above the provincial level shall give a warning to a certified public accountant who violates the prohibitive provisions of Articles 20 and 26 of this Law on certified public accountants engaging in auditing business; If the circumstances are serious, the financial department of the people's government at or above the provincial level may suspend its business or revoke its certified public accountant certificate.
2. Article 40 of the Law on Certified Public Accountants stipulates that the financial departments at or above the provincial level shall order the units engaged in the business of certified public accountants as stipulated in Article M of this Law to stop their illegal activities, confiscate their illegal income, and may concurrently impose a fine of more than 1 times but less than 5 times of their illegal income.
3. Article 182 of the Securities Law stipulates that professional institutions and personnel who issue audit reports, asset appraisal reports or legal opinions for stock issuance or listing, in violation of the provisions of Article 39 of this Law, buy or sell stocks, shall be ordered to dispose of their illegal income according to law, confiscate their illegal income, and impose a fine of less than the equivalent value of the stocks bought and sold.
4. Article 183 of the Securities Law stipulates that if an insider who knows the inside information of securities trading buys or sells the securities before the issuance, trading or other information that has a significant impact on the securities price is made public, or divulges the information or advises others to buy or sell the securities, he shall be ordered to dispose of the illegal income according to law, confiscate the illegal income, and impose a fine of not less than 5 times the illegal income/kloc-0 or the value of illegally traded securities/kloc-.
5. Article 202 of the Securities Law stipulates that a professional institution that issues audit reports, asset appraisal reports or legal opinions for securities issuance, listing or securities trading activities, if it cheats on the contents that it should be responsible for, shall confiscate its illegal income and impose a fine of not less than 1 times but not more than 5 times its illegal income, and the relevant competent department shall order the institution to close down and revoke the qualification certificate of the person directly responsible.
6. Paragraph 1 of Article 2 19 of the Company Law stipulates that if an institution undertaking asset appraisal, capital verification or verification provides false supporting documents, its illegal income shall be confiscated, and it shall be fined between 1 times and 5 times, and the relevant competent department may order the institution to suspend business according to law and revoke the qualification certificate of the person directly responsible.
Paragraph 2 of this article stipulates that an institution undertaking asset appraisal, capital verification or verification shall be ordered to make corrections due to negligence, and if the circumstances are serious, it shall be fined at least three times its income/kloc-0, and the relevant competent department may order the institution to suspend business according to law and revoke the qualification certificate of the person directly responsible.
(2) Civil liability
1. Article 42 of the Law on Certified Public Accountants stipulates that if an accounting firm violates the provisions of this Law and causes losses to its clients or other interested parties, it shall be liable for compensation according to law.
2. Article 202 of the Securities Law stipulates that professional institutions that issue audit reports, asset appraisal reports or legal opinions for securities issuance, listing or securities trading activities shall be jointly and severally liable for compensation if they resort to deceit in the contents they are responsible for and cause losses.
(3) Criminal responsibility
1. Paragraph 3 of Article 39 of the Law on Certified Public Accountants stipulates that accounting firms and certified public accountants who intentionally issue false audit reports and capital verification reports in violation of Articles 20 and 20 of this Law, which constitutes a crime, shall be investigated for criminal responsibility according to law.
2. As stipulated in the first paragraph of Article 229 of the Criminal Law, the personnel of the intermediary institutions that undertake the responsibilities of asset evaluation, capital verification, verification, accounting, auditing and legal services intentionally provide false proof of consideration. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined.
The second paragraph of this article stipulates that a person specified in the preceding paragraph who extorts or illegally accepts other people's property and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than five years and fined.
Paragraph 3 of this article stipulates that a person specified in paragraph 1 who is seriously irresponsible and whose certificate is seriously untrue, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.
3. Article 183 of the Securities Law stipulates that an insider who knows inside information about securities trading buys or sells the securities, or discloses the information or advises others to buy or sell the securities before the issuance and trading of the securities or other information that has a significant impact on the securities price is made public, which constitutes a crime, and shall be investigated for criminal responsibility according to law.
4. Article 202 of the Securities Law stipulates that professional institutions that issue audit reports, asset appraisal reports or legal opinions for securities issuance, listing or securities trading activities shall be investigated for criminal responsibility according to law if they falsify the contents they are responsible for and constitute a crime.
5. Article 2 19 of the Company Law stipulates that if an institution undertaking asset appraisal, capital verification or verification provides false supporting documents, which constitutes a crime, criminal responsibility shall be investigated according to law.
Two. Responsibility of auditors of audit institutions
As an auditor of an audit institution, no false accounting information was found in the audit process, and the problem was discovered after half a year. It is necessary to carefully analyze the reasons for this problem. First, auditors failed to find the problems that should be found, and there were behaviors that violated audit professional ethics and subjective intention. Second, auditors have shortcomings in auditing skills. Third, the audit was not conducted in strict accordance with the procedures stipulated in the National Auditing Standards of People's Republic of China (PRC) (not familiar with, not understanding or not implementing the standards). Audit institutions shall hold auditors accountable for their acts in violation of laws, regulations and national auditing standards in accordance with relevant regulations.
Article 52 of the Audit Law: Auditors who abuse their powers, practice favoritism and malpractice, neglect their duties or disclose known state secrets and commercial secrets shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 55 of the Regulations on the Implementation of the Audit Law: Auditors who abuse their powers, engage in malpractices for selfish ends, neglect their duties, or disclose state secrets or business secrets they know shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. The property obtained by auditors in violation of law and discipline shall be recovered, confiscated or ordered to make restitution according to law.