中华人民共和国注册会计师法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON CERTIFIED PUBLIC ACCOUNTANTS

ncial level shall give a warning to the accountant. If the circumstances are serious， the financial department of the people's government at or above the provincial level may have the accountant suspend the carrying out of services or revoke the certificate of the certified public accountant.

　　A public accounting firm or a certified public acc

ountant， that， in violation of the provisions of Article 20 or Article 21 of this Law， intentionally produces untruthful audit reports or capital verification reports shall， if a crime is constituted， be investigated for criminal responsibilities according to law.

　　Article 40 If a unit under takens the services defined for certified public accountants under Article 14 of this Law without prior approval， the financial department of the people's government at or above the provincial level shall order the unit to stop its illegal activities， confiscate its illegal income and may concurrently impose a fine of not less than one time， but not more than five times the value of the illegal income.

　　Article 41 If the party concerned disagrees with the decision on administrative punishment， it or he may， within 15 days from the date of receiving the notification of the decision on punishment， apply for reconsideration to the organ at the next higher level than to organ that made the punishment decision. The party concerned may also， within 15 days from the date of receiving the notification of the decision on punishment， directly bring a suit before a people's court.

　　The organ giving reconsideration shall make a decision within 60 days from the date of receiving the application for reconsideration. If the party concerned disagrees with the decision made after reconsideration， it or he may bring a suit before a people's court within 15 days from the date of receiving the decision. If the organ giving the reconsideration fails to make a decision within the time limit， the party concerned may bring a suit before a people's court within 15 days from the expiration of the time limit for reconsideration.

　　If the party concerned neither applies for reconsideration within the time limit， nor brings a suit before a people's court， nor complies with the decision on punishment， the organ making the decision may apply to the people's court for compulsory execution.

　　Article 42 If a public accounting firm violates the provisions of this Law and causes losses to its client or other interested parties， it shall bear the liability for compensation according to law.

　　Chapter VII Supplementary Provisions

　　Article 43 A certified public auditor working in an audit firm， who has been recognized as qualified for a certified public accountant， may carryout the services provided by this Law. Measures for recognition of qualification， and for supervision， guidance and administration of such auditors shall be formulated separately by the State Council.

　　Article 44 As to foreigners who apply for participation in the unified national examination for Chinese certified public accountants and for registration as certified public accountants， the matter shall be dealt with on a reciprocal basis. Foreign public accounting firms that wish to establish a permanent representative office within the territory of China must apply to the financial department of the State Council for approval. A cooperative public accounting firm to be jointly sponsored by foreign and Chinese public accounting firms shall be subject to the examination and consent of the department under the State Council in charge of foreign economic relations and trade or a department authorized by the State Council and of a people's government at the provincial level， before the matter is reported to the financial department of the State Council for approval.

　　Apart from what is stipulated in the preceding paragraph， if a foreign public accounting firm wishes to conduct relevant business within the territory of China on a temporary basis， it must apply to the financial department of the people's government of relevant provinces， autonomous regions and municipalities directly under the Central Government for approval.

　　Article 45 The State Council may formulate regulations for implementation in accordance with this Law.

　　Article 46 This Law shall enter into force as of January 1，1994. The Regulations of the People's Republic of China on Chinese Certified Public Accountants promulgated by the State Council on July 3， 1986 shall be annulled therefrom

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/