Chương VI Thông tư 146/2014/TT-BTC: Chế độ kế toán, kiểm toán, báo cáo tài chính và kiểm tra tài chính

Chapter VI

ACCOUNTING, FINANCIAL AUDIT AND FINANCIAL INSPECTION REGULATIONS

Article 16. Accounting Audit regulations

1. The fiscal year of securities companies, asset management companies shall begin on January 1 and ends on December 31 of the calendar year. The first fiscal year of securities companies, asset management companies shall begin from the date of establishment and end on December 31 of the year. If the first fiscal year is shorter than 4 (four) months, that year’s financial statements shall be audited along with the financial statements for the following year.

2. Securities companies, asset management companies shall implement the accounting regulations as prescribed by the Ministry of Finance, and fully record the original documents, update the accounting books and account fully, promptly, truly, accurately, objectively the economic and finance activities.

3. The annual financial statements and interim financial statements of the securities company, the asset management company must be audited by an audit organization approved by the State Securities Commission before they are submitted to the shareholder meeting / member board / owners for review and approval in accordance with the regulations of the company. Auditing the financial statements shall comply with the law guiding the establishment and operation of securities companies, asset management companies.

4. President of the Board of Directors/ President of the Board of Members/ President of the company or General Director (Director) of securities companies, asset management companies shall be responsible for accuracy, truthfulness of the financial statements

Article 17. Report on the financial situation and securities.

1. Financial statement of securities companies, asset management companies shall include:

a) Annual financial statements, interim financial statements , quarterly financial statements in accordance with accounting regulations applied to securities companies, asset management companies;

b) Annual financial statements, interim financial statements of securities companies, asset management companies shall comply with the provisions of paragraph 3 of Article 16 of this Circular.

2. Report on the securities investment shall include:

a) Report on the securities investment , setting up and processing for securities investment devaluation provision (Appendix 1 enclosed with this Circular) which shall include detailed explanation about the number and type of securities that securities companies, asset management companies currently hold, value according to books and actual value at the time quarterly and annually financial statements are made; source of reference prices as a basis for setting up the provision; reverting the provision;

b) Report on long-term financial investments; setting up and processing for loss provision in long-term financial investments (Appendix 2 this Circular) which shall include detailed explanations about the contribution of capital, outside investment of securities companies, asset management companies.  

3. Deadline for submission of financial statements:

a) The deadline for submission of annual financial statements audited by an auditing organization approved by the State Securities Commission shall be within 90 days after the end of the fiscal year;

b) The deadline for submission of the interim financial statements audited by the audit organization approved by the State Securities Commission shall be within 45 days after the end of the first 6 months of the fiscal year

c) The deadline for submission of quarterly financial statements shall be at the latest on the 20th day of the first month of the following quarter;

d) The deadline for submission of reports on securities investment as prescribed in paragraph 2 of this Article shall be within 30 days after the end of the fiscal year.

4. Recipients

Securities companies, asset management companies shall make and submit the reports specified in Clauses 1 and 2 of this Article to the State Securities Commission. .

5. The information disclosure on annual financial statements of securities companies, the asset management company shall comply with the provisions in the Securities Law, the provisions on information disclosure on the securities market and the amended ,supplemented or replaced documents (if any).  

Article 18. Inspection and actions against financial violations

1. Form of finance inspection

a) Periodical or irregular financial inspection;

b) Inspection according to the special subject at the request of finance management.

2. Inspecting agencies .

a) State Securities Commission shall:

- Comprehensively inspect and monitor the operations of securities companies, asset management companies, including the financial activities.

- Report to the Ministry of Finance on the violations, the problems related to the implementation of the financial regulations of the securities companies, asset management companies detected during the inspection and supervision for improvements in regulations and policies.

b) Ministry of Finance:

The Ministry of Finance shall inspect the finance management and comply with financial regulations of securities companies, asset management companies to improve financial management regulations as prescribed by law on inspection.