ENSAYO DE LA LEY 145 1960, LEY 43 DE 1990 Y LEY 1314 DE 2009

ENSAYO DE LA LEY 145 1960, LEY 43 DE 1990 Y LEY 1314 DE 2009

KIMBERLY SMITH VEGA GELVEZ

1223483

UNIVERSIDAD FRANCISCO DE PAULA SANTANDER

FACULTAD DE CIENCIAS ECONOMICAS Y EMPRESARIALES

2017

ENSAYO DE LA LEY 145 1960, LEY 43 DE 1990 Y LEY 1314 DE 2009

KIMBERLY SMITH VEGA GELVEZ

1223483

DOCENTE

JOSE ANTONIO TRILLOS

UNIVERSIDAD FRANCISCO DE PAULA SANTANDER

FACULTAD DE CIENCIAS ECONOMICAS Y EMPRESARIALES

2017

Law 145 of 1960.

December 30

By which regulates the exercise of the profession of public accountant.

The Congress of Colombia

    DECREES:

Article 1 A public accountant is understood as the natural person who, through the registration, is accredited professional competence, is authorized by the public faith of certain acts as well as to perform certain positions, in the terms of this Law.

Article 2 only to practice the profession of public accountant of the people that was fulfilled with the requirements indicated in this Law and in the norms that the regulation.

Bookkeeping can be exercised freely.

Article 3 There will be a single class of public accountant and may be titled or authorized, as the case may be.

Article 4 for the public accountant to follow the following general requirements, in addition to the special requirements in each case by the Law:

A) To be a Colombian citizen in the exercise of civil rights, or alien domiciled in the country with not less than three (3) years prior to the respective application for registration, or failing this last present and approve a review in the Matters of Colombian legislation that the Government indicates when regulating this Law;

B) To accredit moral solvency with affidavits of three persons of recognized honorability, preferably those with which the interested party has worked;

 C) Not have been disciplined for faults against professional ethics.

Article 5 To be registered as certified public accountant, it is required:

A) To have obtained the corresponding title in a Colombian Faculty authorized by the Government to grant it, in accordance with the norms regulations of the university teaching of the matter;

 B) Or have obtained such diploma as a public accountant or equivalent denomination issued by foreign institutions from countries with which Colombia has concluded agreements on reciprocity of diplomas and endorsed by the Ministry of Education.

C) To hold the title of economist issued prior to the validity of this Law by Colombian or foreign institutions duly authorized to confer it, and to enable in a Faculty of Accounting those matters that the Government shall indicate

Article 6   To be registered as an authorized public accountant, it is required:

A) Have obtained registration as a public accountant before the Central Board of Accountants, in accordance with Decrees 2373 of 1956, 0025 of 1957 and 0099 of 1958;

B) Or possess the title issued by the Superintendence of Corporations, in accordance with article 46 of Law 58 of 1931;

C) Or have registration as an enrolled accountant issued by the Central Board of Accountants prior to the validity of this Law;

 Article 7 The person in whom one of the following causes of incapacity cannot be registered as a public accountant:

1. To have violated the reservation of the books or commercial information of persons or entities whose service he has worked or who has had knowledge in the exercise of positions or public functions

2. Have committed a serious misconduct against professional ethics in the opinion of the Central Board of Accountants

3. Have been sentenced for any of the offenses covered by Titles III to VIII inclusive, XIII and XV of Book II of the Penal Code

 Article 8 the quality of public accountant will be required in all cases in which the laws require it, and also in the following:

1 To authorize the balances of banks, insurance companies and general depository warehouses, in the same way as those of companies of any kind whose shares, bonds or certificates are traded in the public securities market. Such balance sheets should be published and sent to the respective Chamber of Commerce so that interested parties can consult them.

2 To authorize the balance sheets, which should be published as attachments to prospectuses for the issuance of shares or bonds of commercial companies intended to be offered to the public for subscription, in the case of companies whose shares are not traded on a public stock exchange.

3 To review and authorize balance sheets intended for transformation and merger of capital companies of three hundred thousand pesos ($ 300,000.00) or more. Such balance sheets shall be inserted in the corresponding notarial act.

 4. To certify and authorize statements and balance sheets produced by bankruptcy trustees and creditors' competitions

.

Article 9 the attestation and signature of a public accountant shall presume, unless there is proof to the contrary that the respective act conforms to the legal requirements, as well as to the statutory in the case of legal persons

Article 10. The opinion of a public accountant on a balance sheet, such as Auditor, Auditor or Auditor, shall be accompanied by a brief report that shall state at least:

1. If you have obtained the necessary information to fulfill your duties.

2. If in the course of the review the procedures recommended by the Audit Committee technique were followed.

 3. If in its concept the accounting is carried according to the legal norms and the accounting technique, and if the operations registered are in accordance with the statutes and decisions of the General Assemblies or Boards, if applicable.

 4 The reservations or reservations to which he is subject his opinion on the fidelity of the financial statements, if he has it.

 Article 11. Public accountants shall be assimilated to public officials for the effect of criminal sanctions for the offenses and offenses they commit in the exercise of their professional activities, without prejudice to civil liability.

Article 12. Companies or professional organizations engaged in the exercise of accounting activities may only perform the functions assigned to public accountants under the responsibility of persons who have obtained the corresponding registration

 Article 13. Auditors, Controllers, Auditors and Auditors of companies dedicated to the exploitation of natural resources, in addition to the condition of accountants duly registered with the Central Board, must have the rights of Colombians in full enjoyment of civil,

Article 14. The Central Board of Accountants, created by Legislative Decree No. 2373 of 1956, shall continue to function in the capital of the Republic as a unit of the Ministry of National Education, and shall consist of six members, as follows:

The Minister of Education or his delegate. The Superintendent of Corporations or a delegate of his.

A representative of the Colombian Association of Universities, with his alternate. The Dean of the National Faculty of Accounting and Economics or a delegate of his.

A representative of the certified public accountants, with his deputy.

A representative of authorized public accountants, with his deputy.

Article 15. The Central Board of Accountants shall have the character of disciplinary entity of the profession, in the exercise of the following functions:

1 To decide on the applications of inscription of the aspirants to accountants and to cancel those that have authorized, subject to the norms of this Law and to the subsequent regulations.

2. To authorize, through its President, the registration of the public accountants in the respective books, and the licenses and certificates of the case.

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