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Marin TOMA
Roumanie
Mr. President, Ladies and gentlemen, dear collegue
I will not talk about policy for liberalization, barriers and free circulation of services,
I will talk about international organization preoccupation in the field of free
movement of service. I will shortly show you how Romania solved problems about
liberalization. For this reason, I will propose you the following presentations.
First of all, a short presentation for forward institute. The second point is to access to
the profession in Romania. How is the practice of profession in Romania and how we
try to incompatibilities? Some word about professional conduct of ethics of our
institute, problems about free movement circulation, ant of course some words about
southeastern Europe applications in the field of accounting profession C:E, C.C.A. R
was born k1921, ant reborn in 1992 after the communist period in our country. Our
institute is by law public interest and autonomous institute according to the law 42 as
a regulatory institute. It has two professional categories, which are expert accountants
and licensed accountants CECCAR has 31.000 members that are in the practice
hawing the right to practice the profession. Of which 3.500 expert accountants and
2.900 licensed accountants. Most of them are inactive and incompatible. This means
that starting with last December, by law, it is forbidden for the person whom I am
working in other activities to practice the profession of expert accountants. He is
forbidden as well for person, which are in change in commercial activities. We have
490 (419 veya 119) accounting companies, small companies. About financing,
CECCAR’s finance is formed exclusively from membership fees. We have 41
branches covering all the territory of our country. The leadership is ensured by the
national conference, which meets annually. We have a congress with international
participation every two years. In September, we hope to have what presented in our
congress of the federation of expert accountants from Mediterranean area. The
leadership is also ensured by the superior council which meets twice a year. The
permanent bureau meets monthly and we also have in our structure commission on
problems and functional structures. Being on autonomous institute the relation with
the government is made by the preventative of ministry of finance which participates
in the meetings council of the leadership of our body. But he has voting right.
To have the access to the profession of expert accountant profession, individual must
complete the following conditions. (1) First of all, individual has to have legal
capability as about education. (2) Expert accountants must have a university degree in
accounting, finance or other economical field of activity and practice and experience
about 3 to 5 years, for licensed accountants, they must have high school degree and
practice in the field for four years.
As well from the additional point of view, the one who wants to become the member
of our body must not have any conviction prohibiting the right for the management
and administration of the company.
But, in order to have the access to the quality of expert accountants, the individuals
must pass the examination for the access to the profession. The candidates having to
obtain at minimum averaged grade of 7. In order to obtain the analyze practice, the
member bodies must prove the attendance for the professional risk and, of course,
pay his or her fee. In this position he or she obtains the right the practice. For the
accounting companies for the cabinet, the restrictions are related whit the object of
activity. They don’t have the right to practice in other field of activity like
commercial activity or others. The second restriction is related to ownership
structure. In a company at least 50 % of the company’s capital must be in the hands
of the expert accountants. Another restriction is related to the management of the
cabinet. More than % 50 of their numbers must be share holders, expert accountants.
And finally, the last restriction is related to shares that must be nominal and each new
share holder must be approved by the general assembly
I was telling you that starting with last December, the accounting profession in
Romania was liberalized. The expert accountants are practicing in the same manner
like lawyers and notaries. They are legally sanctioned, if they accumulate the
qualification of expert accountants and if they are in the same time employee in the
company.
Of course, the one who make the law provides some exceptions. It is about the
members of the parliament and the academics, teaching economics and accounting.
In the same way, it is forbidden to practice the profession in a company. A company
pays the salary for the other services.
CECCAR’s ethics has the some totally includes in ethics fundamental principles of
IFAC’s ethics. But the important problem in our region is independence. If we are all
over the world that preoccupation about independence, about the relationship
between professional and the client in the southeastern European region, the
problems are differently seen. First of all, we have to see if the professional body is
itself independent or not in our opinion, it cannot exist an independent professional
body which is dependent on government on the state.
For foreign professionals in Romania, there is free movement, but only one way. For
Foreign professionals in order to become the member of CECCAR, he has to prove
that he or she practices legally in this profession. It is listed in the evidences of
professional body in that country and, of course, to pass an examination about
acknowledge on national laws, in accounting, commercial and taxation. For foreign
company, in order to establish in Romania, this has to prove that one has the legal
right to practice in home country to respect the required conditions for a Romanian
accounting company which I showed earlier.
As this moment, we have 28 accounting companies with foreign or mixed capital. 36
foreign professionals from England, France, Italy and the other countries which are
the members of CECCAR, Practicing legally accounting profession in Romania.
At the and, I would like to tell you some word about southeastern region.
Southeastern Europe is very heterogonous and very different from the cultural and
educational point of view. There is a big difference with another country in the region
concerning the perform in accountancy feeld of activity. Idea of regional initiative
burn last year in Romania and was to cover at the and of last year by the international
organizations like OECD, World Bank, with the participation of French, English
profession. Southeastern partnership in accountancy development has special
importance because liberalization implies deregulation and the government in the
region, more or less, willing to renounce at regulation. The southeastern partnership
in accountancy development conceived network of private and public institutions.
Informing the accountancy reforms in the region. Its mission consists in regional
cooperation in order to improve the position of the accounting profession and
audition profession, in order to integrate then to international community to promote
the accounting and auditing practices recognized at the international level. To
harmonize the practices in order to raise them to international level, this is what I
consider as the end of my presentation. Please.