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Companies Act 2006
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1253EWorking arrangements for transfer of papersU.K.
This section has no associated Explanatory Notes
(1)The Secretary of State may enter into arrangements with a third country competent authority relating to the transfer of audit working papers—
(a)from the third country competent authority or third country auditors regulated by that authority to the Secretary of State; and
(b)from statutory auditors to the third country competent authority.
(2)The arrangements must provide that—
(a)the Secretary of State has the rights and duties referred to in subsections (3) to (5) in relation to papers he requests from the third country competent authority or third country auditors, and
(b)the third country competent authority has comparable rights and duties in relation to papers it requests from statutory auditors.
(3)Any request by the Secretary of State for audit working papers from the third country competent authority or a third country auditor must be accompanied by a statement explaining the reasons for the request.
(4)The Secretary of State may use the audit working papers he receives in response to a request only in connection with—
(a)quality assurance functions which meet requirements equivalent to those of Article 29 of the Audit Directive (quality assurance),
(b)investigation or disciplinary functions which meet requirements equivalent to those of Article 30 of the Audit Directive (investigations and penalties), or
(c)public oversight functions which meet requirements equivalent to those of Article 32 of the Audit Directive (principles of public oversight).
(5)The Secretary of State, a person exercising the functions of the Secretary of State and persons employed in discharging those functions must be subject to obligations of professional secrecy in relation to audit papers supplied to the Secretary of State by a third country competent authority or a third country auditor.
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