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Legislation
Companies Act 2006

Crossheading Transfer of papers to third countries

  • Section 1253D Restriction on transfer of audit working papers to third countries
  • Section 1253DA Transfer by Secretary of State
  • Section 1253DB Transfer by statutory auditor with approval of Secretary of State
  • Section 1253DC Transfer by statutory auditor for purposes of investigation of auditor
  • Section 1253DD Agreement of third country competent authority
  • Section 1253DE Transfer by means of inspection
  • Section 1253E Working arrangements for transfer of papers
  • Section 1253F Publication of working arrangements
  1. Transfer of papers to third countries
  2. Agreement of third country competent authority

Section 1253DD | Agreement of third country competent authority F1F2

From legislation.gov.uk

(1)This section applies where—

(a)an approved third country competent authority makes a request to the Secretary of State for the transfer of audit working papers and investigation reports which relate to the audit of the consolidated accounts of a group, andF3

(b)the audit working papers and investigation reports that are the subject of the request—F3

(i)have been created by the auditor of a subsidiary that is located in an equivalent third country or transitional third country in relation to the audit of that subsidiary, andF4

(ii)are in the possession of a statutory auditor.

(2)In the case of a transfer by the Secretary of State under section 1253DA, the transfer must not take place unless the third country competent authority responsible for the auditor of the subsidiary has given its express agreement to the transfer.F5

(3)In the case of a transfer by a statutory auditor under section 1253DB, the Secretary of State must not approve the transfer unless the third country competent authority responsible for the auditor of the subsidiary has given its express agreement to the transfer.F6

Notes

  1. F1

    Ss. 1253D-1253F and cross-heading inserted (6.4.2008) by The Statutory Auditors and Third Country Auditors Regulations 2007 (S.I. 2007/3494), reg. 15(1) (with reg. 15(2) (as amended by S.I. 2008/499), reg. 2(4)))

  2. F2

    Ss. 1253D-1253DE substituted for s. 1253D (15.11.2010) by The Companies Act 2006 (Transfer of Audit Working Papers to Third Countries) Regulations 2010 (S.I. 2010/2537), regs. 1(2), 2

  3. F3

    Words in s. 1253DD substituted (17.6.2016) by The Statutory Auditors and Third Country Auditors Regulations 2016 (S.I. 2016/649), reg. 1(1)(a), Sch. 3 para. 47(1) (with reg. 1(2)(b))

  4. F4

    Words in s. 1253DD(1)(b)(i) substituted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 21(b); 2020 c. 1, Sch. 5 para. 1(1)

  5. F5

    Words in s. 1253DD(2) substituted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 21(c); 2020 c. 1, Sch. 5 para. 1(1)

  6. F6

    Words in s. 1253DD(3) substituted (31.12.2020) by The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/177), regs. 2, 21(c); 2020 c. 1, Sch. 5 para. 1(1)

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