Internal Regulation

Organizational and Operational Regulations of the Body of Expert and Licensed Accountants of Romania *


* Approved by decision No. 1/1995 of the National Conference of Expert and Licensed Accountants, republished in accordance with Art.III of the CECCAR Superior Council Decision No. 8/90/2008 changing and supplementing the Organizational and Operational Regulations of CECCAR, published in the Official Journal Part I, No. 466 of 23rd of June 2008, following a renumbering of the texts.

The Organizational and Operational Regulations of CECCAR was approved by the decision No.1/1995 of the National Conference of Expert and Licensed Accountants of Romania and has been republished in the Official Journal, Part I, No. 153 of 28th of March 2001. 


CHAPTER I

GENERAL PROVISIONS

1. The Body of Expert and Licensed Accountants of Romania, hereinafter named the Body, is an autonomous public interest legal entity, consisting of expert accountants and licensed accountants, as well as the accounting expertise and accounting commercial entities, under the conditions provided for by the law.

2. The Body, by means of the delegation received on behalf of the public authorities, grants and withdraws the right to practice the profession of expert accountant and licensed accountant and has the right to control the competence and the morality of its members, as well as the quality of their services.

According to the normative act of establishment, the members of the Body shall elect the governing boards to represent them in front of the public authorities, as well as in their relationships with domestic and foreign physical and legal entities.

CHAPTER II

THE GOVERNING AND CONTROL BOARDS OF THE BODY 

3. The main governing structure of the Body is represented by: the National Conference of Expert and Licensed Accountants, (hereinafter called the National Conference), the Superior Council of the Body, (hereinafter called the Superior Council) and the Standing Board of the Superior Council, (hereinafter called the Standing Board).

4. The National Conference is the superior governing and control board of the Body.

The National Conference shall include the members of the Superior Council, the members of the branch councils, members of the discipline commissions, representatives of the Ministry of Economy and Finance attached to the Superior Council and of the branch boards, as well as 1 representative at every 100 members of each branch registered in the Data base of the Body, in force as at 31st of December of the year ended. The latter shall be designated by the general assemblies.

5. The National Conference shall be legally constituted with the participation of the larger majority of the members provided for in Art. 4, paragraph 2, and decisions shall be adopted validly with the vote of the majority of the present members. If at the first convening the necessary number of present members is not met, the National Conference shall be convened again. The latter shall be legally constituted with the participation of at least 30% of members and representatives provided for in Art. 4, paragraph 2, and the decisions thereof shall be validly adopted with the vote of the majority of the present members.The National Conference can have ordinary and extraordinary meetings.

6. The ordinary National Conference shall meet annually by the care of the Superior Council that chooses the location and establishes the date. The National Conference shall be convened at least 20 days before the event date.

7. The ordinary National Conference shall have the following responsibilities provided by Art. 31 of the Government Ordinance No 65/1994 concerning the organization of the accounting expertise and licensed accountants activity, republished.While exercising its legal responsibilities, the National Conference takes, as well, the following measures:

a) approves, by open vote, the annual financial statements, censors and auditors report, the budget execution of income and expense of the completed financial period, as well as the budget of income and expense of the future financial period, presented by the Superior Council;

b) approves, by open vote, the chart of the Body at central and territorial level, the wage system for the following year, as well as the principles and criteria of organization and waging of its own staff;

c) approves, by open vote, the allocation system and the amount of traveling and representation expenses;

d) elects and revokes the President and the members of the Superior Council and of the censors’ commission; elects and revokes the President and 2 members of the Superior Discipline Commission;

e) approves the report of the Superior Council on the results of the elections regarding the renewal of the members’ mandate in the councils of the Body subsidiaries, including revoking the elected persons.

f) approves, by open vote, the level of the indemnities for the elected boards of the Body;

g) approves the pronouncements concerning the control of the professional standards compliance, establishes the deviations and applies administrative and / or disciplinary penalties to its members or staff;

h) establishes annually the contributions due by the Body’s members and the registration fees in the Body’s registers; 

i) confirms the members of honor list of the Body, according to appendix no. 3 to these regulations;

j) establishes the necessary measures and monitors the fulfillment of any other task provided by normative acts, as well as by its own decisions.

8. The extraordinary National Conference shall take place only in exceptional situations. It shall be convened, at least 15 days before the event date, by the Superior Council, based on the agenda thereof decided upon, by its own initiative or by the initiative of the branches representing at least one fifth of the total number of Body members.

9. On the occasion of the extraordinary National Conference, “study days” (seminars, colloquies etc.) may be organized, as a follow up to the works prepared and presented by expert accountants and licensed accountants. It is also possible to have the support of individuals and personalities outside the Body, monitored by a general recorder, designated by the Superior Council from among its members.

10. TheSuperiorCouncil exercises the rights of the Body related to its status as a public interest legal entity. It is mainly responsible for the representation of the profession in front of the public authorities, through its President and the coordination of the activities of the county branch councils.

11. TheSuperiorCouncil consists of a maximum of 24 members, including the President, and 8 substitute members. The representation of expert accountants and of licensed accountants shall be established by reference to the total number of Body members at national level, according to the following table: 

 The percentage of expert accountants by reference to the total number of Body members at national level

Number of full members

Number of substitute members

Expert accountants

Licensed accountants

Expert accountants

Licensed accountants

Up to 50% included

16

8

5

3

Over 50% and up to 65% included

17

7

6

2

Over 65% and up to 85% included

20

4

7

1

Over 85% and up to 100%

23

1

7

1

100%

24

-

8

-

The Standing Board shall establish the number of seats for the two professional categories, according to paragraph 1, three months prior to the election date.

12. TheSuperiorBoard members shall not be remunerated, but they benefit from the reimbursement of the traveling and representation expenses. At the same time, they may receive indemnities for the activities provided for the Body, within the limits and conditions decided upon by the National Conference.

13. The full and the substitute members of the Superior Council are elected, by secret vote, for a 4 year mandate. In order to ensure the continuity of the Body’s activities, the mandates of half of the number of the elected persons shall be renewed every two years.

14. The vacant seats of the Superior Council generally arise from the termination of the mandate of those who have already had a 4 year service within the Superior Council. Members whose mandate has ceased may run for elections again after a period at least equal with the one of the mandate completed.

15. The elections for the Superior Council shall be done by secret vote; candidates having obtained a minimum of 2/3 of the number of the expressed votes shall be declared elected. If the candidates do not meet this majority, a second ballot shall be organized and those who have met the simple majority of the expressed votes shall be declared elected.

16. The manner in which candidatures may be submitted, the voting procedures and the procedures for establishing the elected persons shall be presented in Appendix no. 1 of the present regulations.

17. The Superior Council shall be convened at least once every six months by its President or whenever necessary. At the same time the Superior Council may be convened at the request of the Standing Board, the majority of the Superior Council members and of the Superior Discipline Commission. The decisions of the Superior Council are valid if taken by at least 2/3 of its present members, who must represent at least ¾ of its full members. If this number of votes has not been met, a second ballot shall be organized during another meeting, with the participation of at least 40% of the full members. The new meeting shall have the same agenda and it shall be subject to a special convening within 15 days. In this case, the decisions shall be taken with the majority of the votes expressed by the present members. On parity of votes, the vote of the meeting Chairman shall be decisive.

The debates of the Superior Council are highly confidential; the decisions shall be published in the magazine issued by the Body and/or on the Body’s website. The general interest decisions are published in the Official Journal of Romania, Part I.

18. The Superior Council shall have the following responsibilities:

a) elects from its members 5 Vice-presidents of the Superior Council: 4 of these shall be elected among the expert accountants and one among the licensed accountants;

b) ensures the drafting and the amendment of the Organizational and Operational Regulations of the Body of Expert and Licensed Accountants, requesting the approval of the Ministry of Economy and Finance and the Ministry of Justice; the Organizational and Operational Regulations shall not be submitted for approval without the approval of the two ministries;

c) ensures the drafting and amendment of the National Code of Ethics for professional accountants according to the IFAC Code of Ethics;

d) ensures the administration and the management of the Body’s assets;

e) decides upon all the problems regarding the expert accountant and licensed accountant profession;

f) supervises the strict implementation of the regulations on obtaining the expert accountant and licensed accountant certifications;

g) ensures the coordination of the branch councils activities; approves the methodology for the preparation of the income and expense budget of the Body;

h) approves the position chart within the Body and within each branch;

i) ensures the participation of its members to certain study and research commissions for the development of the accountancy profession and science; encourages the participation of its members to various working groups within governmental and non-governmental entities, on their request;

j) decides within 30 days on the appeals against the decisions taken by the Superior Commission for Discipline;

k) approves the pronouncements regarding the development of the current activities of the departments and of the organizational units of the Body;

l) takes all the necessary steps for organizing, under good conditions, the activity of granting the annual approval for professional practice and that of insurance of professional risks for all Body members;

m) analyses the activity of members and presidents of the Discipline Commissions, expert accountants, and takes administrative, organizational measures, including those of disciplinary nature; for the president and the members of the Superior Commission for Discipline, expert accountants, the outcomes of the analysis are submitted to the National Conference who decides;

n) fulfills any other tasks provided for by the law, by these Regulations and by the decisions of the National Conference of expert and licensed accountants.

19. The Standing Board of the Superior Council consists of the President, elected by the National Conference, and the vice-presidents elected by the Superior Council.

The President of the Superior Council is also the President of the Standing Board.

20. The vice-presidents of the Standing Board are elected by means of secret vote among the members of the Superior Council. At a first ballot, the elections are valid with the vote of 2/3 of the number of those present that must cover at least ¾ of the number of the Superior Council members. At a second voting ballot, the candidates shall be elected on simple majority, with a participation of at least 40% of the number of members; at equal number of votes, the elder person shall be elected. On termination, the vice-presidents of the Standing Board may be re-elected after a period equal with the one of the mandate.

21. In the case when a seat becomes vacant or when a member is not able to exercise his mandate, a new election shall be proceeded upon.

22. The Standing Board of the Superior Council shall meet monthly and whenever necessary and shall take decisions through a simple majority vote of its members. The Standing Board ensures the achievement of the National Conference decisions and of the Superior Council during the periods between its meetings. The decisions taken by the Standing Board between the meetings of the Superior Council shall be submitted to the latter for validation.

23. Two months before the beginning of each year, the Standing Board shall prepare the expenditures standards at the Body and subsidiaries’ level that shall be taken into consideration for the preparation of the budget. They shall include:

- internal and external travel expenditures;

- participation expenditures at the Standing Board meetings of its divisions, units and guests;

- expenditures generated by various approaches, tasks and obligations of the Superior Council members, depending on their positions.

24. The President of the Superior Council is elected by the National Conference among the members of the Body of Expert and Licensed Accountants of Romania, for a 4-year mandate and can be reelected for only one more mandate.
The respective person may cumulate this position only if he/she activates in research or accounting academic education and rejoices a special professional and moral authority.

For continuity purposes, the election of the future president is made one year before the expiration of the mandate of the president in function, without producing any influence on the new president’s term.  

25. The President of the Superior Council ensures the implementation of the Superior Council and Standing Board decisions, coordinating the current activity of the Body.

26. The President of the Superior Council has the following responsibilities:

a) to convene and chair the meetings of the Superior Council and of the Standing Board;

b) to chair and coordinate the debates according to the conditions stipulated in Appendix no.2 of the present Regulations;

c) to submit for adoption to the Superior Council on a yearly basis, the draft  budget for the future period;

d) to approve the accruing and the occurrence of the expenses within the budget approved by the National Conference;

e) to present the annual financial statements and to submit it to the Superior Council for adoption and to the National Conference for approval;

f) to represent the Body in front of any public authorities, third parties or national and international organizations, defending the prestige and the professional independence of its members;

g) to accomplish any other responsibilities decided upon by the National Conference, the Superior Council and the Standing Board.

27. With approval of the Standing Board, the President of the Superior Council has access to the meetings of the subsidiaries, divisions and units of the Body, participating to the debates without a voting right.

28. The President of the Superior Council may appoint one of its members to perform a particular activity or action.

29. The President of the Superior Council has the power to reunite all the Presidents of the branch councils or their representatives, in order to review extremely important issues referring to the protection of professional general interests and to study any collective measures. 

30. In order to control the application of measures decided by the Standing Board, the Superior Council and the National Conference and to ensure the connection between the elected boards and the executive structures of the Body the Secretariat of the governing boards of the Body is created. The organization and functioning, as well as the responsibilities of the Secretariat of the governing boards are established by the decision of the Superior Council. 

31. The Censors are elected for a 4 year period, by the ordinary National Conference, by means of open voting, among the members of the Body who are not included in the Superior Board. The Censors may not be elected for more than two consecutive mandates.

32. The Censors’ tasks are to verify the financial management of the Superior Council for the completed financial year, the correspondence between the operations accounted for and those approved by the income and expense budget. They shall report to the National Conference about any aspects concerning the regularity and the accuracy of the balance sheet and of the budgetary execution.

At the same time, the censors shall verify the observance of the conditions in what the convening of the National Conference is concerned.

The Censors fulfill their tasks according to their own regulations, approved by the Superior Council.

CHAPTER III

ORGANIZATION OF THE BODY’S ACTIVITY 

33. The Body’s activities are performed within the divisions subordinated to the standing boards, as well as units, directions and divisions, subordinated to the General Executive Director and to the executive directors of subsidiaries, by case. 

34. The Body’s divisions are organized according to professional categories such as: expert accountants’ division and licensed accountants’ division. Their tasks are established by pronouncements approved by the Superior Council of the Body.

The management of each division shall be ensured by 5 persons at most, appointed among the members of the Superior Council, consisting of: one President, appointed from the vice-presidents of the Standing Board, one substitute and 1-3 members. Upon proposal of the specialized vice-presidents, and according to the needs, the divisions shall be completed, on the decision of the President of the Superior Council, with experts (even from outside the Body) well known for their skills, their competence and their works; these experts shall have only a consultative vote within the divisions.

The divisions are part of the elected structures of the Body and perform their operative activity by the executive structures of the Body. 

35. The activity of divisions is developed according to activity programs approved by the Superior Council; the activity of executive structures is developed according to internal regulations, pronouncements, programs and working procedures approved by the Superior Council.

36. The elected and executive structures of the Body, while performing their functions, are responsible for maintaining the professional secrecy. 

37. All the members of the Superior Council, who are refusing or abstaining, without a justified reason, to accomplish their duties or to undertake the actions necessary for the normal functioning of the Council, are considered as legally resigned from the capacity of members of the Council.

At the same time, the members of the Superior Council who were sanctioned for disciplinary reasons shall also be considered as resigned.

The recognition of a member’s renunciation to positions for which he/she has been elected shall be done through the motivated decision of the Superior Council.

38. Under the direct supervision of the Standing Board President, the executive activity of the Body shall be accomplished by operative and administrative structures directed by the General Executive Director appointed by the Superior Council, who is responsible for the proper functioning of the executive structures of the Body. 

39. The General Executive Director shall have the following responsibilities:

a) to implement the resolutions and decisions concerning the activity of the executive departments;

b) to prepare, analyze and centralize the budget projects of the subsidiaries; to prepare the draft budget of the Body; to submit it, after having been adopted by the Standing Board, through its President, to the Superior Council for approval, at least one month prior to the beginning of the financial year;

c) to ensure the execution of the income and expense budget, presenting, from time to time, information to the Standing Board; to this end, he/she is responsible for the book-keeping activity at central and local levels, according to the law in force;

d) to ensure the execution of all administrative and secretariat works;

e) to organize and ensure the centralized evidence of the expert accountants and licensed accountants registered by the branches within the Data base of the Body of the Body;

f) to ensure the annual publishing of the Data base of the Body of the Body in the Official Journal of Romania;

g) to organize, ensure and to supervise the promoting of the expert accountant and licensed accountant professions, in the interest of the Body members; to suggest to the Superior Commission for Discipline those who fail to observe the regulations regarding promotion;

h) to ensure the publication, according to law, of the annual financial statements, after been approved by the National Conference;

i) to ensure the physical conditions for the development of the activities of all structures of the Body;

j) to propose once a year, to the President of the Standing Board, together with the budget drafts, the position and remuneration schemes for the administrative departments and for the employees;

k) to appoint and revoke, with the observation of the position schemes approved by the Superior Council, the executive staff of the Body and to establish their wages; to make proposals to the Standing Board for the leading positions;

l) to ensure the publication of decisions and resolutions of the superior boards of the Body, according to regulations and pronouncements in force;

m) to participate, without a voting right, to the meetings of the Standing Board, taking note of the adopted decisions and resolutions.

40. The administrative and operative departments which ensure the current operation of the Body are subordinated to the General Executive Director. The responsibilities, competences, staff schemes and the relationships between departments shall be established by internal regulations and resolutions approved by the Superior Council, upon proposal by the General Executive Director.

CHAPTER IV

BODIES OPERATING UNDER THE SUPERIOR COUNCIL OF THE BODY

A. Superior Discipline Commission

41. TheSuperiorDiscipline Commission has the following competencies:

a) to analyze complaints related to the ethical and professional misbehaviors of the presidents and members of the branch councils and to apply sanctions; to analyze complaints related to the ethical and professional misbehaviors of the members of the Superior Council, and to make sanctioning proposals and submit them for the approval of the National Conference;

b) to solve the complaints related to the ethical and professional misbehaviors of the presidents and members of the commissions for discipline attached to the subsidiaries’ councils, as well as those of foreign individuals whose rights to perform the profession of expert accountant or licensed accountant in Romania were recognized, and, as the case may be, to apply the sanctions stipulated by Art.17 point (1) of the Government Ordinance no.65/1994, republished;

c) to solve the complaints against disciplinary decisions pronounced by the subsidiaries’ discipline commissions;

d) to forbid the practice right as expert accountant or licensed accountant for any member of the Body with severe departures from the provisions of the regulations.

42. TheSuperiorDiscipline Commission is formed by 7 full members and 7 substitute members, as follows:

a) the President and 2 members, expert accountants, elected by the National Conference among the members of the Body, who rejoice an outstanding moral and professional authority;

b) 2 members appointed by the Minister of Economy and Finance.

c) 2 members appointed by the Minister of Justice.

The substitute members shall be appointed under the same conditions.

The mandate of the Superior Discipline Commission members consists of a 4 year period.

43. Anyone interested may appeal to the Superior Discipline Commission against the decisions of the branch discipline commissions. 

The appeal term is of a 30 days’ period since the communication of the decision issued by the subsidiaries’ discipline commissions.

44. During the appeal period, the implementation of the sanction decision is suspended, for the works already started.

45. The preparing, hearings, debates, nature and communication of the decisions shall be done under the same conditions as those stipulated for the competence of the branch discipline commissions.

46. The Recorder has at most 30 days at disposal in order to prepare the report and to defend it in front of the Superior Discipline Commission in due time.

In the situations at Art.41 (a), second thesis, the sanction decision shall be submitted to the debates of the National Conference, which may confirm it or not.

47. The members of the Superior Discipline Commission are responsible for the professional secrecy during their mandate.

48. The decisions of the Superior Discipline Commission may be appealed at the Superior Council of the Body, within at most 15 calendar days since the communication. The appeal does not suspend the force of the decision.

49. In order to constitute the legal diligence discipline, the Superior Discipline Commission prepares a collection of all its enactments, as well as those of the branch discipline commissions, publishing them, annually, in the magazine issued by the Body.

B. The Representative of the Ministry of Economy and Finance to the Superior Council of the Body

50. The representative of the Ministry of Economy and Finance attached to the Superior Council of the Body participates at the debates of the National Conference, to the meetings of the Superior Council, without a voting right.

To this end, the representative:

- receives the convening at the works of National Conference, and at the meetings of the Superior Council; the agenda being sent to him 7 days in advance;

- receives the decisions and resolutions of the Standing Board, the Superior Council and the National Conference and on request, also the materials they are based upon, no longer than 7 days since their approval;

- notifies the Minister of Economy and Finance when the decisions and measures adopted by the Body are against the legal regulations and submits a copy of the notification to the Standing Board. 

CHAPTER V

LOCAL AUTHORITIES OF THE BODY

A. Governing and Control Boards of the subsidiaries

51. In county municipalities and in themunicipalityofBucharest, the Body shall create its own subsidiaries, without those being legal entities.

52. The governing boards of the branches are: the general assemblies, the branch councils and their standing commissions. The control of the branch activity is carried out by censors.

53. The branch council reunites maximum 10 full members, including the President and 4 substitute members.

The distribution of positions between expert accountants and licensed accountants varies from one branch to another, according to the percentage of expert accountants of the total number of Body’s members at national level and according to the size of the branch, according to the table bellow:

Percentage of expert accountants in relation to the total number of the Body members in the country

Number of full members

Number of substitute members

Expert accountants

Licensed accountants

Expert accountants

Licensed accountants

Branches with more than 1000 members. Up to 50%

6

4

2

2

Over 50% and up to 65%

7

3

3

1

Over 65% and up to 85%

8

2

3

1

Over 85% and up to 100%

9

1

4

0

100%

10

0

4

0

Branches between 500 – 1000 members. Up to 50%

4

2

3

1

Over 50% and up to 65%

5

1

3

1

Over 65% and up to 85%

5

1

4

0

Over 85% and up to 100%

6

0

4

0

Branches under 500 members. Up to 65%

3

1

1

1

Over 65% and up to 100%

4

0

2

0

100%

4

0

2

0

In branches that have less than 100 members, the branch council is formed by 3 full members, among which 2 expert accountants, and 2 substitute members, one expert accountant and one licensed accountant.

54. The positions of the members of the branch council shall not be paid; nevertheless the travel and representation expenses shall be covered. At the same time, the members of the branch council may receive indemnities within the limits and conditions approved by the National Conference.

55. The full and substitute members of the branch council are elected by secret ballot for a 4 year term. In order to ensure a fluent activity, the mandates of half of the members, shall cease after 2 years.

56. The vacancies in the branch council occur usually in case of mandate termination for those persons who completed their four years’ mandate with the council; the mandate of the members who incurred disciplinary sanctions shall come to an end.

Members, whose mandate comes to an end, may be reelected after a period of time at least equal with that of the accomplished mandate.

57. The manner in which candidatures are submitted, the polling is performed and the elected are established, is presented in Appendix no. 1 of the present regulations.

58. The branch council is called by the President, when necessary and at least every three months.

Upon the request of the majority of its members, the convening is mandatory; the agenda and the date shall be communicated at least 10 days in advance.

59. The branch council can only debate on matters within its competence and that are included on the agenda, except those, that due to their emergency character, are submitted during the meeting by the President; the debates shall be conducted according to the conditions stipulated in Appendix no.2 of the present regulations.

60.  In order to call a council reunion, 2/3 of the full members must reunite.

The decisions of the branch council are valid if they combine a number of votes larger than ½ of its members. If this majority is not accomplished, the second ballot will take place in another meeting, in which the majority of the votes of those present will be sufficient, provided that the participation is of at least 40% of the total number of members. In case of an equality of votes, the President’s vote is decisive.

61. The Presidents of the branch councils shall meet periodically, at regular intervals, and they shall be chaired by the President of the Superior Council, in the purpose of mutual information and the harmonization of their positions adopted at the branch level, in what decentralized abilities are concerned.

62. The branch council debates are top secret; the decisions are however published in the magazine edited by the Body and/or posted on the website of the Body’s branch.

63. The branch council has the following duties:

a) to supervise the manner in which the expert accountant and licensed accountant capacities are practiced within the branch jurisdiction;

b) to defend the interests of the branch and to manage its property;

c) to prevent and conciliate any professional  claims or conflicts;

d) to decide on the registration in the Data base of the Body or about its amendments, according to the guiding lines set out by the Superior Council;

e) to notify the Superior Council on any proposals or suggestions regarding the expert accountant and licensed accountant practice;

f) to inform the Discipline Commission of the branch concerning any frequent professional infringements by the Body members;

g) to perform and authorize any collective advertising activity useful to the profession, throughout the territory of the branch, according to the decision of the Superior Council;

h) to pronounce the erasure from the Data base of the Body in the cases stated by the regulations and the temporary cessation of the member quality upon the request of the interested person;

i) to analyze and to adopt the branch draft budget, according to the pronouncements issued by the Superior Council;

j) to follow up the accomplishment of the branch activity program approved by the National Conference, and also the execution of the income and expense budget of the branch, taking or proposing the right measures to the Standing Board or to the executive director of the branch.

k) to accomplish other duties stated by law, present regulations and decisions issued by the governing boards of the Body.

64. The Standing Board of the branch council is composed of 2-4 members: a President and 1-3 vice-presidents; when several vice-presidents are elected, one of them shall be elected among the licensed accountants.

The President of the branch council is at the same time the President of the Standing Board.

The Presidents and the vice-presidents of the branches cannot be, at the same time, President or vice-presidents of the Superior Council.

65. The vice-presidents of the Standing Board are elected by secret ballot among the council members. Election in first poll is valid with the vote of 2/3 of those present, representing at least ¾ of the branch council’s members. If a second poll is necessary, the simple majority vote will be sufficient, out of a participation of 40% of the council members. In the case of equality of votes the elder person shall be elected.

The Standing Board shall be convened monthly and whenever necessary and takes decisions according to the majority vote of its members.

66. The Standing Board follows up the preparation of the draft budget according to the pronouncements issued by the Body and its submittal to the Superior Council of the Body in due time.

67. The general assembly of the Body members elects the President of the branch for a 4 years’ mandate and he may be reelected only once.

The respective person may cumulate this position only if he/she activates in research or accounting academic education and rejoices a special professional and moral authority.

For continuity purposes, the election of the future president is made one year before the expiration of the mandate of the president in function, without producing any influence on the new president’s term.

68. The President of the Standing Board of the branch ensures the implementation of the decisions of the Superior Council and of the branch Council, as well as the adequate performance of the Body members’ activity, and has the following main duties:

a) convenes the branch council and chairs its debates, according to the provisions of the Appendix No.2 of the present regulations;

b) represents the branch council attached to the Superior Council and Body members;

c) represents the Body in front of the representatives of the public authorities, and in front of various communities throughout the territory of its branch according to the powers entrusted by the Superior Council;

d) engages expenses within the limits of the approved budget;

e) organizes the elections for Body councils, according to the provisions of the Appendix  No.1 of the present regulations;

f) submits to the approval of the general assembly the execution of the  income and expense budget for the closed year;

g) arbitrates the possible litigations among branch members and their clients, in case the latter accept the arbitration;

h) submits to the annual general assembly, the proposals concerning the granting of honorary distinctions according to the procedures stipulated in Appendix  No. 3 of the present regulations;

i) accomplishes any other duties stated by law, by regulations and decisions adopted by the governing boards of the branch and of the Body.

69. If a member of the Body is confronted with a certain difficulty, especially at the ethical level, this very member may ask for the peer support of the President of the branch council; the President’s intervention role is only to smooth the difficulty.

70. Upon the request of the entitled persons, in case of the decease of a member, the President can designate a colleague to grant the temporary management of the works of the deceased person. Such measure can be taken, upon request, in case of a temporary disability as well.

71. If the Superior Discipline Commission or the branch discipline commission sanctions a member of the Body by suspending his/her right to practice, the President of the branch council shall designate one or more members of the Body’s branch, to perform the works of the suspended member. This shall take place under the reserve of the interested client’s acceptance, regardless the suspension duration.

72. The President designates one of the vice-presidents as deputy of right during his/her absence or in the case of resignation. The designated vice-president who works as deputy of right, may, in his turn, be deputized by another designated vice-president, or in case this one, is also unable to attend, by the elder member of the branch council.

73. The executive management of the branch shall be accomplished by the executive director of the branch, employed following an examination, responsible for the proper operation of the administrative departments.

74. The executive director of the branch shall have the following responsibilities:

a) to execute the decisions of the branch council and the measures established by the governing boards of the Body;

b) to develop the draft branch budget, according to the pronouncements issued by the Superior Council;

c) to grant the execution of the approved budget of income and expense within the limit of the approved budget;

d) to supervise the execution of the administrative and secretarial works of the branch;

e) to organize and grant the registration of the expert accountants and licensed accountants within the Data base of the Body existing within the branch;

f) to grant the draft of the primary book-keeping documents, according to the provisions of the law and according to the pronouncements issued by theSuperiorCouncil;

g) to annually propose to the branch council the position and pay roll of the necessary personnel, which has to be submitted for the approval of the Superior Council;

h) to participate, without a voting right, to the meetings of the Standing Board of the branch, taking note of the adopted decisions;

i)  to perform other duties stipulated by the regulations, as well as by the decisions of the management  authorities of the branch and of the Body.

75. A vice-president, expert accountant, chairs the expert accountant division, and a vice-president, licensed accountant, chairs the licensed accountant division.

B. Organization of the Branch Activities

76. The activities performed by the branch council are organized according to the following loops:

- the expert accountants division and the licensed accountants division, elected structures;
– sectors, units and departments, according to the organization chart and positions approved by the Superior Council, representing the executive structures of the branch.

77. Three members, appointed out of the branch council perform the management of the divisions, out of which: a President appointed out of the vice-presidents of the Standing Board and 2 members.

78. According to the divisions’ needs, the Standing Board of the branch council may decide to complete the number of the divisions with well known experts for their competencies and works; these experts shall have an advisory voting right.

79. The meetings of the divisions shall be convened with the observance of the provisions of the Appendix No.2 of the present regulations.

80. The members of the expert accountants division shall be appointed out of the expert accountants, members of the branch council, and the members of the licensed accountants division shall be appointed out of the licensed accountants, members of the branch council.

81. The divisions perform their activities following programs approved by the branch council.

In order to ensure the necessary conditions for carrying out the responsibilities of the elected structures of the branch, the president and the executive director designate a person from the executive structures of the branch.

C. Registration within the Data base of the Body

82. The activities stipulated in Art. 6, 7 and. 10 of the Government Ordinance No. 65/1994, republished, can be performed only by those persons who are expert accountants or licensed accountants. They should be registered in the Data base of the Body, certified by the membership card, annually endorsed.

83. The expert accountants and licensed accountants, who have their residence or registered office in the area of the concerned branch, shall do the registration within Data base of the Body upon request.

84. The candidate shall submit to the secretariat of the branch a file including the application and other required documents, meant to prove that the conditions required by the law are met, in order to practice the profession, respectively in order to register in the Data base of the Body.

85. The file shall be verified by a member of the technical department, as concerns the compliance with the legal requirements for practicing the profession, as well as with the requirements of the National Code of Ethics for professional accountants. The department shall prepare a report which has to include its findings, and which will be submitted to the executive director for approval or rejection of the request of registration in the Data base of the Body.

86. The decision concerning the registration within the Data base of the Body shall be sent to the administrative department thus responsible.

87. In order to guarantee the defense rights, prior to the decision of rejection of the application, the interested person shall have access to his/her file, the verification report included, and may be convened, if the case may be, together with a lawyer or a colleague, for hearings within the meeting of the respective branch council.

88. The decision concerning the rejection of registration in Data base of the Body has to be reasonably motivated; the interested person may appeal it at the said division of the branch council, within a 15 days’ period since it has been communicated.

If the person is unsatisfied of the decision of the branch council, he may appeal to the Superior Council within 30 days from its receipt.

89. The registration procedure of accounting expertise entities, as well as of their related offices, or those of the expert or licensed accountant office, is provided for in Art.83-88.

90. The registration procedure of foreign natural or legal persons shall take place only with the observance of the procedures established by the Superior Council.

91. The Data base of the Body is divided in eight divisions, and it includes the active members of the Body, who are authorized to practice the expert accountant or licensed accountant profession, as follows:

First Division – expert accountants who practice their activities as independent individuals, within their own offices or as authorized entities.

Second Division – expert accountants, employed in companies, banking and insurance, education and research institutions and central and local institutions.

Third Division – foreign natural persons, who have obtained the membership of the Body.

Fourth Division – expert accountants developing their activity within societies, companies or offices, members of the Body: 

A. foreign or mixed capital companies.

B. domestic capital companies.

Fifth Division – licensed accountants who perform their activity as independent individuals, within their own offices or as authorized entities;

Sixth Division – licensed accountants, employed in companies, banking and insurance, education and research institutions and central and local institutions.
Seventh Division – licensed accountants developing their activity in accounting trading companies, members of the Body:

A. foreign or mixed capital companies.

B. domestic capital companies.

Eighth Division – honorary titles:

A. honorary presidents;

B. honorary expert accountants;

C. honorary licensed accountants.

The divisions’ structure of the Body is approved by the decision of the Superior Council and is published annually in the Official Journal of Romania, Part I.

92. The inactive expert accountants or licensed accountants are registered in the

Expert and Licensed Accountants Division, during the entire period of inactivity.

The reactivation procedure for inactive members is established by the Superior Council.

D. Rights and Duties following the Registration in Data base of the Body

93. The registration in the Data base of the Body grants the right to practice the profession throughout the country.

When a member of the Body transfers his/her activity in another branch, he has to ask the transfer of his file and the registration in the Data base of the Body of the branch on whose territory the transfer takes place; the same holds true for the accounting expertise companies.

94. The accounting expertise companies, members of the Body, shall have to notify the branches they belong to about any modifications occurred in: the organizational form, places of development of their activities, the composition of the partnership or shareholders and/or the object of activity of their companies, within 30 days from their occurrence.

95. After having been registered in the Data base of the Body, the expert and licensed accountants shall oath of office in writing, the oath provided for in Art.22 of the Government Ordinance no. 65/1994, republished.

96. In practicing their profession, the expert and licensed accountants are responsible for from the disciplinary, administrative, civil or legal point of view, according to the law and the present regulations.

Body members can foresee, by contracts signed according to law, the limitation of their civil accountability.

The expert and licensed accountants are forbidden to perform any activities for the economic agents who employ them or companies with which they have contractual relationships or with which they are in competition.

At the same time, they are forbidden to perform works for companies, where relatives or immediate family members up to the 4th degree, spouses of the managers included.

The incompatibility situations and conflicts of interests can be detailed by the Superior Council and the National Conference, according to the European Law and to the professional standards of the profession. 

97. The branch council may pronounce the erasure of a member from the Data base of the Body, in the following cases:

a) when a member of the Body has been irreversibly convicted for an infringement, which, according to the legislation in force, interdicts the right to manage a trading company;

b) non-deposition with the state budget of taxes for the fees cashed from physical entities;

c) non-payment of the professional fees for one year;

d) non-observance of the pronouncements regarding incompatibilities and conflicts of interests;

e) when the Body member has been sanctioned and forbidden to practice in the area;

f) when the Body member is declared unapt, from the medical point of view, to exercise the profession.

98. Any member of the Body may request the temporary cessation of the Body membership. The request sent to the branch council by registered letter or by deposition at the profile section, on signature of reception, shall present the reasons for which the respective person wants to cease his membership.

99. The temporary cessation of the activity shall be pronounced, mandatory, in the case when the branch council decides that the activity of the respective professional is incompatible with the Body membership capacity.

100. The fact that the interested person has required the temporary cessation of the Body membership capacity, shall not exonerate him/her from the disciplinary responsibility, for infringements taking place prior the request.

101. Starting with the day he/she has been notified on the acceptance of the request, the respective person ceases to be a member of the Body and he/she shall no longer be registered in the Data base of the Body. He/she shall no longer be subject to the discipline of the Body and neither to its regulations; but, similarly, he/she shall no longer practice the profession of expert or licensed accountant.

102. Upon request, but not later than 3 years and when the necessary conditions, established by the Organization and Operation Regulations of the Body, are met, he/she can register back in the Data base of the Body, by following the application procedures.

When there is a longer period than 3 years from the date of renouncement to the quality of an expert or licensed accountant or from the erasing from the Data base, the person concerned will pass again the aptitudes exam in order to obtain the quality of an expert or licensed accountant if all the other conditions to obtain the qualifications provided in the regulations are met.

103. Any member of the branch council who, without a sound reason, refuses or refrains from accomplishing duties or works imposed by the activity of the council may be revoked from his position. This does not prevent any disciplinary step whose subject the respective member might be.

The Superior Council shall decide upon revocation.

104. Consequently to a resignation, to a refusal to participate to debates or to other similar situations, through which the members of the branch council disable the proper operation of the branch organization structures, as well as consequently to general or partial elections of the branch where no candidature has been submitted, the duties of the branch council shall be performed by a temporary manager, nominated by the Superior Council from the members of the respective branch, up to the organization of the new general or partial elections. During the whole period of serving the mandate as a manager, his/her activity is developed under the strict supervision of the Standing Board of the Superior Council and of the president of the Body.

The carrying on the above-mentioned temporary duties does not imply documents to involve the financial means of the branch council, nor does it imply final decisions regarding the personnel.

105. The operational expenses of the branch council are covered from the annual budget of the Body. This budget is supplied by sources legally provided for, according to the standards approved by the National Conference.

106. In the case when the branch budget has not been voted in due time, or in the case it has not been approved yet, the provisions of the latest approved budget shall be considered, up to the approval of the new budget.

107. The administrative chart of the branch is submitted to the approval of the ordinary general assembly of the branch by the President of the Standing Board of the branch council, based on the recommendations by the Superior Council of the Body.

CHAPTER VI

THE GENERAL ASSEMBLY OF THE BRANCH

108. The General Assembly is the management and control authority of the branch and consists of all its active members registered in the Data base of the Body, who have paid their fees in due time. A member of the Body may only participate at the General Assembly of his/her branch.

109. The Ordinary General Assembly shall be convened once a year, in the first two months of the year or on dates established by the Superior Council, and, in exceptional cases, the Extraordinary General Assembly shall be convened. The convening of the General Assembly has to be published in a highly circulated local newspaper, at least 15 days prior to the Assembly date.

110. The General Assembly is legally constituted if at least one half plus one of the members stipulated in Art. 108 are present.

No proxy participation is allowed.

If at a first convening the quorum is not met, a new assembly shall be convened, by the same means, and it shall be considered legally constituted if at least 30% of the number of the members provided for under Art.108 attends.

111. The decisions of the General Assembly are valid if adopted with majority of the votes of the present members.

112. The General Assembly has the following responsibilities:

a) to take note, to debate and approve by means of open voting the activity report of the branch council for the expired period;

b) to approve by means of open voting the budget of income and expense of the branch for the future financial period and the execution of the budget for the prior period, together with the censors’ report on the management of the branch;

c) to take note of the branch council report on the results of the analysis on the professional activity of  individual experts and controlled trading companies, in order to ensure a proper practice of the expert  and licensed accountant professions throughout the territory of the branch. The General Assembly approves the list of the individual experts and trading companies which will be qualitatively audited in the following year;

d) to elect and revoke the President and 4 members of the disciplinary commission of the branch;

e) to elect and revoke the President and the members of the branch council and the censors;

f) to propose, among its members, candidates for the positions of President and member of the Superior Council of the Body;

g) to adopt the list of the branch honorary members;

h) to accomplish any other tasks provided by the law, regulations, the national Code of ethics of the professional accountants or decided upon by the Superior Council of the Body.

113. In exceptional cases or when urgent decisions which are beyond the competence of the branch council have to be adopted, the Extraordinary General Assembly has to be convened, in the same way the annual general assembly is, by care of the president of the branch.

114. The censors are elected by the general assembly by means of open voting for a 4 years’ period, from among the Body members who are not members of the branch council. The censors may not have more than two consecutive mandates.

115. The censors have the task to verify and report to the general assembly on the financial management of the branch council in each and every financial period of their mandate, in regards to the consistency of the recorded operations and the documents approved through the income and expense budget, attesting the regularity and truthfulness of the financial information and of the budget execution.

The censors shall control the observance of the convening conditions of the general assemblies of the branch.

CHAPTER VII

BODIES OPERATING UNDER THE BRANCH COUNCIL

A. Discipline Commission of the Branch

116. The disciplinary commission of the branch includes a president, 4 full members and 5 substitute members, elected by the general assembly among the branch members, expert accountants, who have an outstanding professional and moral authority.

The substitute members are nominated under the same conditions, at the same time with the full members. The members’ mandate is for a 4 year period.

117. The discipline commission by the branch council has the competence to sanction disciplinary infringements by expert and licensed accountants, members of the branch and domiciled within its jurisdiction, even if the sanctioned events have been performed in another branch’s jurisdiction.

An exception are the complaints concerning infringements by the members of the Superior Council and of the subsidiaries’ councils, of the presidents of the Superior Council and of the subsidiaries’ councils, as well as by foreign natural entities, authorized to practice the expert or licensed accountant profession in Romania, which are submitted to the Superior Discipline Commission. The complaints regarding the deeds of the members and of the president of the Superior Discipline Commission are submitted to the Superior Council, who analyses and presents them to the National Conference.

B. The disciplinary trial procedures

118. All complaints concerning events which are likely to lead to disciplinary accountability against a member of the Body or against a company recognized by the Body, shall address to the branch commission for discipline the complained is related to. This one has to inform the President of the branch council and the representative of the Ministry of Economy and Finance, in what the received complaint is concerned.

Excepted are the complaints against the members of the Superior Council and of the Standing Boards of the branches or against foreign individual professionals or companies that are submitted to the Superior Discipline Commission.

119. The complaint against a member of the Body has to be submitted to the related branch, except the situations in which the competence is that of the Superior Discipline Commission; these complaints shall be submitted to the Superior Council.

The complaint thus received shall be transmitted within a 48 hours term to the President of the disciplinary commission, who will nominate as recorder one of the full members of the commission.

120. The disciplinary trial procedures are regulated by the regulations of the discipline commission, approved by the Superior Council of the Body and published in the Official Journal of Romania, part I.

121. The violation of the legal provisions, of the Regulation of the organization and activity of the Body of Expert and Licensed Accountants of Romania and of the National Code of Ethics for Professional Accountants and of the decisions of the governing boards of the Body by a member of the Body, constitutes a disciplinary infringement.

The following are considered disciplinary infringements:

a) indecent conduct in front of the Body members, of the representatives of the Ministry of Economy and Finance or other participants to the assemblies of the managing and control boards of the Body;

b) unjustified absence from the general assemblies or of the branch or from the National Conference;

c) non-observance of the provisions of the Code of Ethics and professional conduct of the expert  and licensed accountants ofRomaniain what the advertising provisions are concerned;

d) unjustified absence from the training and forming courses, regulated by the Body’s standards;

e) accountancy services provided without the annual license for the exercise of the profession or without a written agreement with a client, or according to an agreement which does not mention the position of the provider: expert accountant or licensed accountant;

f) non-observance of the professional secrecy;

g) non-declaring or partial declaring of the income, in order not to pay the related membership fee provided for by the present regulations;

h) if the member of the Body does not submit, to the branch he is registered with, the annual statements; for the legal entities, the President of the Council or the sole administrator bears the responsibility accordingly;

i) non-observance of the requirements regarding incompatibilities and conflicts of interests;

j) refusal to hand over to the control bodies and quality auditors of the Body, all the documents related to the professional activity;

k) not submitting statements or submitting false statements, in the relations with the Body or with third parties;

l) recording, in the accounting expertise reports or in other works for third parties, views on other members of the body, without their consent or without consulting them;

m) non-observance of the professional norms and standards issued by the body when performing works for third parties;

n) failure to comply with the obligations required by the Regulations on quality audit of professional services.

o) any other violations of the norms and decisions of the Body’s management.

On the establishment and application of the disciplinary sanctions care shall be taken for the gravity of the infringement and of the consequences.

122. The following disciplinary infringements shall be sanctioned as follows:

Digression

Sanction

1

2

(a) Non-payment of the professional fee in due time, as well as of other obligations, at the stipulated terms, during a calendar year. Suspension of the professional practice right until the payment is done, but for no less than 3 months and no more than 1 year.
(b) Final conviction for an infringement that, according to the law, interdicts the right of management and trading company administration. Interdiction of the right to professional practice.
(c) Deliberate non-observance, by action or omission, of the professional standards issued by the Body, concerning the professional activity, if the said actions had as a result a moral or material prejudice. Interdiction of the right to professional practice.
(d) Professional practice as expert accountant or licensed accountant without the annual approval for professional practice, legally granted. Interdiction of the right to professional practice.
(e) Non-observance of the professional standards and pronouncements issued by the Body in regards of the accounting expertise Suspension of the right to perform accounting expertise for a period of 6-12 months.

Interdiction of the right to professional practice, if repeated.

123. The disciplinary action may be exercised within a one-year period since the event.

124. The members of the Body, who are suspended or erased from the Data base, will be replaced, with the acceptance of the beneficiaries, for the works in progress, ex officio or upon the request of the interested parties. The beneficiaries have the right to withdraw the works granted from the Body members who were suspended or erased from the Data base of the Body, without any compensation; but with the obligation to return all the documents and amounts received, which do not represent reimbursement of some expenses already performed.

125. The members of the Body who have been erased from the Data base of the Body shall pay to their employees which will cease their activity, an unemployment fee stipulated by the law in force.

The member of the Body, who has been suspended, shall pay to his employees, during the whole period he is suspended, the fees stipulated by individual or collective labor agreements, and by the law in force.

In case a suspension occurs, the President of the branch council shall immediately appoint one or more members of the Body to continue the works of the members who have been suspended, provided the clients accept them.

126. Any document, contract and deed, attempting to permit, directly or indirectly the practice right as expert or licensed accountant to those persons who do not have these rights, are void, according to law and to the present Regulations.

The member of the Body who was subject to a disciplinary sanction issued by the commission for discipline of the branch, has to pay the expenses occurred with the action initiated against him, except the case when the superior commission for discipline decides that no action has to be initiated against the mentioned member.

127. The application of a final disciplinary sanction has to be made public by:

a) displaying an excerpt of the sanctioning decision at the  headquarters of the Body’s branch, accompanied by its publication in the CECCAR magazine;

b) the sanction has to be communicated, in writing, to the general directorate of public finance of the county, or of the Bucharest municipality respectively, and to the court, in case the applied sanctions are those stipulated in Art.17, paragraph 1 (c) and (d) of the Government Ordinance no. 65/1994, republished.

If the professional right of practice interdiction has been applied through an irrevocable decision, the person in question shall submit, under signature, to the branch he is registered in, the expert or licensed accountant card and the stamp; they will be returned to him at the end of the suspension period.

The same holds true for the implementation of the interdiction of professional practice right.

The member who refuses to comply with these provisions will be erased from the Data base of the Body, with adequate publicity.

128. The members of the commissions for discipline must respect the professional secrecy during their mandate.

C. The Representative of the Ministry of Economy and Finance

129. The representative of the Ministry of Economy and Finance attached to the branch council has the following duties:

- to participate, without a voting right, to the general assemblies and to those of the branch’s council; the agenda of the materials to be debated will be communicated seven days prior to the assembly date;

- to inform the representative of the Ministry of Economy and Finance attached to the Superior Council about any decisions and measures of the branch’s council which do not comply with the legal regulations.

CHAPTER VIII

EXPERT ACCOUNTANT AND LICENSED ACCOUNTANT PROFESSION PRACTICE

130. The expert or licensed accountant must perform and manifest his/her duties free of any interest which could be contrary to his professional and moral integrity, objectivity and, generally, with the professional independence.

The expert and licensed accountant profession practice has to comply with the principle of professional independence; the expert accountant and the licensed accountant must never find himself/herself in a situation that generates a conflict of interests, or in any other situation that may affect his integrity and objectivity.

131. The relationships between clients and expert accountants, licensed accountants or trading companies in the field are established by provision of services written agreements, signed by both parties.

132. The expert accountant or licensed accountant profession may be practiced individually, by practices or by specialized trading companies founded according to the law.

133. In practicing their profession, expert and licensed accountants are accountable from the disciplinary, administrative, civil or penal point of view, according to the law.

134. For the established fees by means of contracts concluded with the economic agents invoices and bills shall be issued by the companies at the conclusion of works according to the law.

135. According to law the expert and licensed accountants have the obligation of calculation and submission of the taxes related to the amounts paid as fees by companies to them, at the end of the works,

136. The provider of the works shall do cashing of the fees directly to the beneficiary, if the latter is a legal entity, after the due tax for the state budget has been retained.

If the fee is cashed from a natural entity, the expert or licensed accountant is bound to establish the tax due for the cashed fee and to deposit it to the body authorized to cash it.

137. One or more partners or shareholders may establish the expertise trading companies and the accounting trading companies. These companies have to perform the whole range of services provided for by the law, with the observance of the legal provisions.

If the experts, members or collaborators of a trading expertise company, are required and appointed to perform a judiciary expertise, audit operations or censor mandate, the respective beneficiaries shall deposit or transfer the costs of the mentioned works, VAT and on-cost included, in the account of the mentioned company. The company shall be liable, together with its member or collaborator, for the quality of the performed works that they authorize.

At the same time, it shall be bound to transfer the legal taxes due to the state budget.

138. The labor contracts shall be concluded in writing, between the owner of the individual office that is the manager of the trading expertise company, and every expert or licensed accountant.

139. By applying of article 2, paragraph (1), articles 6 and 7 of the Government Ordinance no. 65/1994, republished, the works that may be performed by expert accountants, without any limitation, within their service providing contracts, are the following:

a)  bookkeeping and accounting oversight and preparation of the financial statements;

- technical assistance concerning the accounting organization and the book-keeping, IT data systems included;

- development and implementation of: accountancy procedures, chart of accounts  adjusted for the company, management accounting, scoreboard, management control and budget control, with the observance of the general standards;

b)  performing economic and financial analysis, such as:

- financial structure analysis;

- analysis of the financial management and the return on invested capital;

- analysis techniques and working capital management techniques;

- credit, leasing and factoring systems;

- development of financing tables and treasury plans;

- development of utilization and resource tables;

- assistance in preventing and removing the difficulties within the unit;

c) performing financial-accounting audit, like:

- financial diagnosis – financial growth, return, balance and risks;

- internal audit – organization or control of the system fairness and compliance;

- studies, assistance for financial investments;

- statutory audit and assurance of the balance sheet accordingly, by observing the related regulations;

d) performing valuations according to the international valuation standards, such as:

-  goods and property assets valuations;

- enterprise and other securities valuables valuations, for sale, successions, allotments, donations or upon request by the interested persons;

- intangible assets valuation;

e) performing accounting expertise ordered by the legal authorities or by legal or natural persons under the conditions stipulated by the law, such as:

- amiable expertise (upon request);

- judiciary accounting expertise;

- civil arbitration;

- management expertise;

f) performing financial and accounting works, such as:

- regular accounting statements;

- accounts and balance sheet consolidation;

- long and medium term financing plans;

g) performing taxation works, such as:

- taxation studies and surveys;

- participation to fiscal statements preparation and submission;

- V.A.T. and taxation assistance;

- property taxation;

- custom tariffs application assistance;

- tax payer assistance when is subject to a control;

- approval of the annual fiscal statements of the economic operators;

h) performing management organization and IT works, such as:

- data flow charts, structures, functions definitions;

- department links, information and documentation circulation;

- data processing, hardware selection;

- analysis and organization of the informational process; 

- necessary software selection;

- continuous professional training;

- contribution to the entity assets protection;

i) fulfilling of the responsibilities included in the company’s censor mandate assigned for the trading companies in accordance with the legal provisions;

j) fulfilling the responsibilities stipulated by law, in judiciary reorganization and bankruptcy situations, such as:

- perform works that mirror in the accounting the main operations of merger, division, dissolution and liquidation of trade companies as well as withdrawal or exclusion of certain associates from the trade company;

k) performing specialized assistance for establishment and reorganization of the trade companies, such as:

- activities of market studies and public opinion survey;

- feasibility studies when establishing the entities;

- holdings activities;

l) performing for natural and legal persons of any professional service which involve accounting knowledge;

m) other activities and services for entities from the classes CAEN: 6209, 6420, 6619, 6920, 7022, 7320, 8299, 7490, 6831, 6621 as well as other classes established by the Standing Board of the Superior Council. 

140. By applying the article 2, paragraph (3) and article 10 of the Government Ordinance no. 65/1994, republished, the works, which may be performed by licensed accountants, according to service provision contracts, individually or through accounting trade companies, are:

- financial and management book-keeping;

- preparation of papers for the preparation of the financial statements;

- papers, statements, and monthly and quarterly taxation operations (other than the annual financial statements of the trade companies),  single-entry accounting papers for independent natural persons and family associations;

- responsibilities of censors, appointed in trading companies, only by licensed accountants with academic degree.

CHAPTER IX

REVENUES AND EXPENDITURES OF THE BODY

141. Being an autonomous public interest legal entity, the Body has its incomes from the activities established according with the legal provisions, covering all its expenditures from these revenues.

The accounting of the patrimony and of the activities performed by the Body shall be organized and performed according with the provisions of the law.

Revenues registration shall be made according with the legal documents which confirms the right to receive the said amounts, or at the moment they are received.

142. The synthetic and analytical expenditure accounting shall be organized separately, according with the approved budget.

The expenditures shall be registered according to the documents approved by the preventive financial control department and approved by the general executive director or by the executive directors of the subsidiaries.

143. The Body’s revenues consist of:

a) registration fees for expert accountant and licensed accountant examinations;

b) registration fees in the Data base of the Body ;

c) annual fees according with the actual income of the Body members, by individual practice or by companies recognized by the Body;

d) donations, proceeds from the sale of its own magazines and other incomes.

144. Registration fee within the Data base of the Body is due and shall be paid at the same time with the admission of the registration application. The honorary members of the Body are exonerated from this fee payment.

The expert accountant or the licensed accountant who has been erased from the Data base of the Body and requires a new registration has to pay the due registration fee.

The registration fee in the Data base of the Body is to be established as a unique amount, once a year, by the Ordinary National Conference.

145. The annual professional fees, owed by the members of the Body, natural or legal entities, may vary according to the revenue, and they shall be established annually by the National Conference, according to the methodology approved by the Superior Council.

The terms and conditions for fee payments shall be established by the standards for annual license granting, approved by the Superior Council.

146. The expenditures of the Body may be made only according to the legally drawn up documents, within the limits of the revenue and expenditure budget and according to the provisions of the law concerning the financial discipline within the Body, approved by the Superior Council.

CHAPTER X

FINAL AND TRANSITORY PROVISIONS

147. In providing their duties according to the present regulations, the National Conference, the General Assembly of the branch, the Superior Council and the branch council issue resolutions, the Standing Board of the Superior Council or of the branch council, the sections of the Body, as well as the branch presidents issue decisions, and the President of the Superior Council issues orders.

According to the article 44 of the Government Ordinance no. 65/1994 republished, the resolutions and the decisions of general interest adopted by the National Conference, the Superior Council and the Standing Board of the Superior Council are published in the Official Journal of Romania, Part I, within 30 days from the adoption.

The resolutions and decisions of general interest are those which refer to:

- the Organizational and Operational Regulations of the Body of Expert and Licensed Accountants of Romania and all its changes and supplements.

- the National Code of Ethics for the professional accountants ofRomania and all its amendments and supplements.

- the Organizational and Operational Regulations of the commissions for discipline related to the subsidiaries’ councils and the Superior Council of the Body and all its amendments and supplements.

- The Members’ Data Base and its amendments;

- the access to the profession: admission to stage exams ; the completion of the stage and the organization of the aptitude exam;

- the professional services quality audit performed by the members of the Body of Expert and Licensed Accountants of Romania;

- other resolutions and decisions classified by the issuing bodies as resolutions and decisions of general interest.

148. The provisions of the present regulations shall be applied to all members of the Body, natural or legal entities, who practice their profession.

149. The provisions of the present organizational and operational regulations shall be applied to all foreign natural or legal entities, who have no domicile or, as the case may be, their headquarters in Romania, but who have been granted with the quality of expert accountant or licensed accountant in their countries, and that have met the requirements for registration in the Data base of the Body and may perform their activity in Romania, according to the provisions of the Government Ordinance no.65/1994, republished.

150. The present organizational and operational regulations are effective after having been approved by the National Conference of the Body.

151. Appendixes 1-3 are part of the present regulations.

 


Appendix no. 1

ELECTION PROCEDURES

CHAPTER I

GENERAL PROVISIONS

1. TheSuperiorCouncil elections and, respectively, for the branch councils are made by secret vote, for a 4-year period, with a biennial re-election of half of the elected members.

The President of the Superior Council and the branch council presidents are elected by secret vote, for a 4-year mandate, by the National Conference and, respectively, by the branch general assembly.

2. All members of the Body, natural entities registered in the Data base, have the right to vote and the right to be elected. Except:

a) those who have not paid their professional fees in due time;

b) those who are honorary members;

c) those who are foreign natural entities, whose right to practice the expert accountant or licensed accountant profession inRomaniahas been recognized;

d) those who have been sanctioned or are being investigated for disciplinary digressions stipulated in the regulation;

3. The vote is secret and it shall take place on the date established by the Superior Council.

4. All members of the Body who have the right to elect or to be elected can do candidature statements, which shall include the following, under the sanction of not being included in the lists comprising the candidates:

a) first and last name and the address of the candidate;

b) the professional category he/she belongs to: expert accountant or licensed accountant;

c) way of practicing the profession;

d) positions occupied before within the Body and the respective periods;

e) the position for which he/she candidates, namely: member of a Body council, president of the of the Superior Council or president of a branch council;

f) the objectives and the strategy that the candidate intends to have if elected;

g) a statement on own responsibility that he/she meets the eligibility requirements provided for by the regulations.

The regulations concerning the frame content and the completion method of the candidature statement are established by the Superior Council.

CHAPTER II

ELECTIONS FOR THE BRANCH COUNCILS

5. The statements of candidatures, for both the Superior Council, and for the councils of the respective subsidiaries, shall be sent by means of registered letter with receipt confirmation to the branch council, up to the deadline established by the president of the Superior Council.

The candidature statements received after the established deadline shall be considered tardy and therefore not taken into consideration. However, they shall be attached to the minutes of election result declaration.

6. A commission comprising the censor of the branch, a member of the discipline commission and the executive director of the branch verifies if the eligibility conditions of the members who have sent candidature statements are met.

7. The president of the branch council shall send to the president of the Superior Council the candidature declarations for a seat in the Superior Council, accompanied by a document, given by the president of each branch, attesting that the respective candidate meets the eligibility conditions provided for in the present regulations.

8. For those candidates that meet the legal conditions, the president of the branch shall draw up the list comprising the candidates – expert accountants and the list comprising the candidates – licensed accountants.

The lists shall be drawn up in an alphabetic order and it shall consist of the following:

a) first and last name and the address of each candidate;

b) the total number of seats for which the contest takes place, separately for full and substitute members;

c) the calendar dates of the two ballots;

d) the signatures of the members of the commission described in paragraph 6.

One copy of the lists shall be sent to the Superior Council.

9. The lists comprising the candidates shall be posted up at the branch headquarter, at least 15 days before the election date. Omissions, incorrect registrations or any other errors may be appealed against with the branch president, within 48 hours since their being posted up. The branch president must solve appeals within 48 hours since their registration. The verdict to appeals may be challenged in the competent court, according to the law.

10. The councils in force and the staff of the branch are not allowed to make any propaganda in favour of one or several candidates or to associate with any propaganda in favour of the candidature of any member of the Body.

11. The executive director of the branch shall draw up the lists of the members of the Body with a voting right within the branch, in an alphabetical order:

a) list of the expert accountant members;

b) list of the licensed accountant members.

The lists shall comprise: first and last names, addresses and two columns reserved for the registration of the presence at the first ballot, and, if the case, at the second ballot.

The lists shall be posted up at the branch headquarter, in a visible place, at least 15 days prior to the election date. The provisions in Art.9, referring to appeal shall be applied accordingly.

12. For the biennial renewal of the branch councils, the number of the members that shall be elected shall be determined depending on the existing number, taking care of the number of members registered in the Data base of the Body of the respective branch.

13. On each list, drawn up on professional category, shall be registered only the expert accountants and licensed accountants having paid their professional fee in due time, according to Art. 11.

14. On the decided date, the president of the branch council, helped by the members of the Standing Board, shall open the debates of the general assembly, mentioning whether it is legally constituted, according to the present regulations.

If it is, each participant will be identified by his membership card and his registration in the electors’ list shall be verified, upon which he shall receive the ballot paper.

15. The ballot papers shall comprise all the candidates in alphabetical order, identified by: first name, last name and the professional status.

The ballot papers shall be printed by care of the branch council, on paper of the same density and colour, in a number to cover the number of the electors; the graphic form and dimension shall be unitary. The ballot papers distributed to the electors shall bear the branch stamp.

16. The vote shall be secret; to this purpose, the president of the branch council shall ensure the conditions necessary to voting.

Voting procedures

17. In case when the elector does not vote a certain candidate, he/she shall express his/her wish by means of annulling (cutting out) the respective position on the voting paper, without registering another candidate instead. In the same way, one shall annul all the candidates registered on the ballot papers that overpass the number of vacancies.

18. The vote counting is performed by a commission made up of 3 – 5 persons elected by the general assembly.

19. When all the ballot papers have been introduced in the urn, the latter shall be opened and the ballot papers shall be counted. Ballot papers considered valid shall be maintained (checked) on the list of candidates.

20. Empty ballot papers or those having been filled illegibly, those which comprise more names than the number of seats, those that do not comprise a precise designation of the candidate or those not bearing the branch stamp, those which contain certain signs or mentions referring to the candidates or third parties shall not be taken into consideration for the final results, being however attached to the minutes.

21. The vote counting commission shall immediately draw up the minutes of the vote counting operations and of the voting result establishment. All the members shall sign the minutes.

22. The official report on the vote counting operations shall be drawn up in two copies by the commission, and it shall comprise the following:

a) the number of electors, according to the lists of electors;

b) the number of electors present at the assembly;

c) the total number votes validly expressed;

d) the number of invalid votes;

e) the number of votes obtained by each and every candidate;

f) the total number of the printed ballot papers;

g) the number of ballot papers that were not used and annulled.

One copy of the official report shall be sent to the president of the Superior Council.

23. At the first ballot, the candidates having obtained a minimum of 2/3 of the total number of votes validly expressed shall be declared elected. At the second ballot, the candidates having obtained the largest number of votes shall be elected.

The candidates having obtained the number of votes provided for in paragraph (1) shall occupy the vacant seats within their limit in the decreasing number of votes obtained. First, the full member seats shall be occupied and then the substitute ones.

24. The voting results, after checking the number of votes and electors, shall immediately be declared and posted up at the branch headquarters.

25. The president of the branch council where the elections have taken place shall address to the elected candidates the invitation to participate to the first reunion (meeting) of the council after the elections, within 4 days at most.

CHAPTER III

ELECTIONS FOR THE SUPERIOR COUNCIL OF THE BODY

26. The election of the Superior Board shall take place within the National Conference.

27. For the declaration of the candidatures received, the president of the Superior Council shall draw up two lists of candidates, separately for expert accountants and licensed accountants, according to the provisions of Art.11.

28. The president of the Superior Council shall send the lists of candidates for the Superior Council to the presidents of the branch councils that shall post them up at the headquarters of the respective branch at least 15 days prior to the date established for elections.

29. The provisions of Art. 10 shall be applicable to the members of the Superior Board as well as to its elected and executive structures.

30. The voting procedures are identical to those provided for in Art.16 and 17 above.

31. The provisions of Art. 13 – 15 and 22 shall be applicable for the elections of the Superior Council as well.

32. The vote counting for the election of the Superior Council shall take place according to the procedures provided for in Art. 18 – 21.

CHAPTER IV

ELECTION OF THE PRESIDENT OF THE SUPERIOR COUNCIL AND OF THE PRESIDENTS
OF THE BRANCH COUNCILS

33. The candidatures statements shall be sent by means of registered letter with receipt confirmation to the Superior Council or to the branch council, accordingly, up to the deadline established by the Superior Council.

At the level of the Superior Council and of the branch council respectively, the receipt and verification of the statement of candidacy, as well as the draw up of the candidate list shall be accomplished by a receipt and verification commission, consisting of 3 – 5 members, nominated by the Superior Council or by the branch council, accordingly, 25 days prior to the date of ballot. The members of the commission may not be in the same time candidates for elections.

34. The lists consisting of the candidates shall be drawn up in alphabetical order and shall comprise:

a) first and last name and the address of each candidate;

b) the professional category he/she belongs to;

c) the calendar dates of the two ballots;

d) the signature of the president and of the secretary of the declaration receipt and verification commission.

The lists shall be posted up at the branch headquarters, at least 15 days prior to the election date. Appeals may be submitted against omissions, mistaken registrations or any other error, and they shall be deposited within 48 hours since their having been posted up, at the commission nominated according to Art. 33; the commission shall solve the appeal within at most 48 hours since the registration. The solution of the appeal may be challenged in the competent Court, according to the law.

35. Art. 10, 15 – 22 and 24 of Chapter II of Appendix no. 1 shall be applicable correspondingly.

36. At the first ballot the candidates having obtained a minimum of 2/3 of the total number of votes validly expressed shall be declared elected. At the second ballot, the simple majority shall be sufficient.

These provisions shall be applicable for both the election of the president of the Superior Council and for the election of the presidents of the branch councils.

 


Appendix no. 2

THE MEETINGS OF THE GOVERNING BOARDS

1. The working sessions of the Body councils and of the standing boards shall be legally constituted only under conditions of presence of the majority of their members.

2. The councils of the Body may debate only on the problems listed in the communicated agenda, at least 7 days in advance, and only exceptionally on those which, due to their emergency, shall be submitted directly to the meeting by the President.

3. The president shall lead the debates; he may not reject the taking of the floor to any participant.

The president may draw the attention to any participant taking the floor, without asking and obtaining it, that he/she overpasses the granted period time for the floor, after having been invited by the president to limit the floor on the problem under discussion.
The president may ask to order any member of the Body that practices personal attacks or produces disorder; this shall be mentioned in the minutes.

4. The duration of any participant’s speech shall be limited to 7 minutes, except that of the president, as well as those of the presidents and persons making the reports of the sections and commissions, the representative of the Ministry of Economy and Finance included.

5. The meeting may be suspended by the president after having consulted the assembly or on the request of the majority of participants.

6. The vote shall be expressed by raise of hands. The secretary of the meeting shall proceed to vote counting, and the result shall be communicated by the president. However, the secret ballot may be asked if necessary and especially:

a) in cases taken into consideration in Art. 5 above;

b) when a nomination is proceeded upon, if the secret ballot is requested by the president, by a member of the Council or by the chair of the meeting;

c) in any other cases, when requested by the majority of the present members.

7. The debates shall be registered in minutes or transcripts, accordingly, and they shall include mentions referring to the date and place, the first and last names of the present members and of the persons missing, the agenda, the debates of the meeting and the decisions adopted. The minutes shall be signed by the president and by the person having written the minutes.

8. The debates are highly confidential. However, the council may, by means of special decision, admit their being published in excerpts or totally.

9. The decisions adopted shall be made public.

 


Appendix no. 3

GRANTING HONORARY DISTINCTIONS

1. Expert accountants and licensed accountants in practice, in one of these capacities, for at least 30 years and rejoicing a professional and moral prestige may receive the distinction of:

- “Honorary expert accountant”

- “Honorary licensed accountant”

2. At the same time, the presidents of the branch councils and the presidents of the Superior Council of the Body may receive the distinction of:

- “Honorary branch president”

- “Honorary president of the Body of Expert and Licensed Accountants of Romania”,

if they cumulatively meet the following conditions:

a) have had this mandate for at least 6 years;

b) have been full members of a council of the Body for at least 6 years;

c) have been registered as experts and have activated in this capacity for at least 10 years;

d) have never been disciplinary sanctioned in their active life as professional accountants.

The acceptance of this title implies the renunciation to demanding a new president mandate by the beneficiary thereof.

3. Expert accountants and licensed accountants of the Body of Expert and Licensed Accountants established in 1921, as well as expert accountants having obtained the respective capacity according to the Decrees No.434/1957 and No. 79/1971 may receive the distinction of “Honorary expert accountant” and “Honorary licensed accountant” in the case of a cumulated practice in these capacities of at least 30 years’ period. The distinction may be obtained on request, on the basis of the copies of the member cards deposited at the branch they belong to and on the basis of a copy of their criminal record.

4. The procedures of granting the title of “Honorary expert accountant” and “Honorary licensed accountant” shall be the following:

a) the branch president submits the proposals of honorary distinction granting to the annual general assembly; after the approval, the list shall be forwarded to the annual National Conference for confirmation;

b) the president of the Superior Council shall list in the agenda of the annual National Conference the list of the honorary members approved by the branch general assemblies and he shall submit it for the confirmation of the National Conference;

c) after the confirmation by the National Conference, the branches shall make the transfer from the Data base of the Body in which the members confirmed as honorary were enlisted up to that moment in the corresponding part of the Data base dedicated to honorary members, the latter rejoicing the conferred rights from that moment on.

5. Honorary expert accountants and honorary licensed accountants may participate to the general assemblies of the branches they belong to.

The branch councils may decide for them to receive, free of any charge, the magazine of the Body, according to ways they shall decide upon.

6. Honorary members must refrain from any action of the nature to discredit the profession whose honorary title they have been conferred.

7. They must inform the president of the disciplinary commission about any implication, penalties and condemnations whose subject they are or may be, for events qualified as of a penal nature.

The application of a disciplinary sanction leads to the loss of the title obtained which may no longer be requested afterwards.

8. Honorary members of the Body are exonerated from the registration and membership fee.