Toggle Dropdown
LAW No. 304 of 20th NOVEMBER 1998 OF THE REPUBLIC OF KAZAKHSTAN
CONCERNING AUDITING
This Law shall regulate the relations emerging between the state authorities, physical persons and legal entities, auditors, organisations of auditors and professional organisations of auditors in the course of carrying out auditing activities in the Republic of Kazakhstan.
Article 1. The Fundamental Definitions Used in This Law
Introduced by 10) Law No. 139 of 5th May 2006 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Auditing.
Amended by: 13) Law No. 138 of 20th February 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Auditing;
36) Law No. 269 of 29th December 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Cardinal Improvement of Conditions for Business Activity in the Republic of Kazakhstan;
38) Law No. 342 of 2nd August 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Pension Support;
40) Law No. 393 of 12th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Audit and Financial Control;
45) Law No. 126 of 27th December 2017 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Subsurface Use; and
47) Law No. 168 of 2nd July 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Currency Regulation and Currency Control, Risk-Oriented Supervision of Activity of Financial Organisations, Protection of the Rights of Financial Services Consumers and Improvement of Activity of the National Bank of the Republic of Kazakhstan.
The following fundamental definitions are used in this Law:
1) accredited professional organisation of auditors (henceforth - professional organisation) - a non-profit organisation which is which unites auditors and auditing organisations;
2) accreditation - official recognition by the authorised body of the scope of professional organisations of auditors as specified by this Law;
3) audit - review for the purpose of expressing an independent opinion on the
financial statements and other information, relating to financial statements, in accordance with the legislation of the Republic of Kazakhstan;
4) auditor — natural person certified by the Qualification Commission for Certification of Candidate Auditors (henceforth — the Qualification Commission), who received a qualification certificate granting the qualifications of an “Auditor”;
5) audit report - a written official document resulting from an audit that has been conducted;
6) audit activity - business activity associated with conducting audits of financial statements and other information, relating to financial statements, and rendering services related to a given profile of activities;
7) organisation of auditors - a commercial organisation that has been formed for the performance of audit activities;
8) auditee entity – a legal entity, affiliates and (or) representations of a legal entity that act on its behalf, an individual entrepreneur, in relation to which an audit, tax audit, audit of other information is conducted;
9) certification — procedure of valuation by the Qualification Commission of knowledge and skills of candidate auditors;
10) Code of Ethics - the compendium of professional ethics rules for auditors;
10-1) conflict of interest — situation whereby partiality of an auditing organisation may affect its opinion on the authenticity of financial statements of an auditee entity;
10-2) false audit report — audit report which is compiled in violation of the Republic of Kazakhstan legislation concerning auditing, containing false and (or) incomplete information on financial statements and concerning information provided for by auditing standards, misleading users;
10-3) special purpose audit of entities of the quazi-state sector - audit on issues of using budgetary funds;
10-4) audit of data on the subsurface user’s expenses – audit of the subsurface user’s expenses for operations relating to exploration and production of useful minerals;
11) deliberately false audit report - an audit report compiled without conducting an audit or containing an opinion that deliberately misleads the users;
11-1) unreliable auditor’s opinion on taxes – a decision made by the auditing organisation in violation of the legislation of the Republic of Kazakhstan that contains unreliable and (or) incomplete information about issues of accuracy of the assessment and payment of taxes and other obligatory payments to the budget, fullness and timeliness of the calculation, withholding and transfer of obligatory pension contributions, employer’s obligatory pension contributions, (added by 38 to be effective January 1, 2018) obligatory professional pension contributions, fullness and timeliness of the calculation and payment of social assessments, and also one that is made without conducting of tax audit or one that contains a deliberately misleading opinion;
11-2) tax audit – an audit on the issue of accuracy of the assessment and payment by all kinds of taxes and other obligatory payments to the budget, fullness and timeliness of the calculation, withholding and transfer of obligatory pension contributions, employer’s obligatory pension contributions, (added by 38 to be effective January 1, 2018) obligatory professional pension contributions, fullness and timeliness of the calculation and payment of social assessments, to be conducted through the procedure determined by the authorized state body;
11-3) auditor’s opinion on taxes – a decision made according to results of tax audit;
11-4) audit of other information - an audit conducted in accordance with the laws of the Republic of Kazakhstan "Concerning Banks and Banking Activities in the Republic of Kazakhstan", "Concerning Insurance Business", "Concerning the Securities Market", of processes and information not related to financial reporting, with respect to the evaluation of the risk management system and internal control, including in relation to the strategy and business model, evaluation of the corporate governance system, evaluation of the information technology risk management system, evaluation of the efficiency of the information security system, as well as the efficiency of the internal control system in the sphere of counteraction to the legalization (laundering) of income received in a criminal way and the financing of terrorism;
11-5) audit report on the audit of other information - a conclusion drawn up based on the audit results of other information;
13) standards of organisations — internal documents of an auditing organisation, which establish uniform requirements concerning the procedure for conducting an audit, not contradicting the Republic of Kazakhstan legislation;
14) authorised state body (henceforth - authorised body) - the central executive body that carries out regulation in the sphere of auditing and supervision of activities of auditing and professional organisations.
Article 2. The Republic of Kazakhstan Legislation Concerning Auditing
Introduced by 10) Law No. 139 of 5th May 2006 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Auditing.
1. The Republic of Kazakhstan legislation concerning auditing shall be based upon the Constitution of the Republic of Kazakhstan and it shall consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. Where an international agreement ratified by the Republic of Kazakhstan establishes different rules from those which are contained by the Republic of Kazakhstan legislation concerning auditing, the rules of the international agreement shall apply.
Article 3. Auditing Activity
Introduced by 10) Law No. 139 of 5th May 2006 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Auditing.
Amended by: 13) Law No. 138 of 20th February 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Auditing;
17) Law No. 258 of 19th March 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Statistics and Taxation;
32) Law No. 203 of 16th May 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Permissive System;
36) Law No. 269 of 29th December 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Cardinal Improvement of Conditions for Business Activity in the Republic of Kazakhstan;
40) Law No. 393 of 12th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Audit and Financial Control;
45) Law No. 126 of 27th December 2017 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Subsurface Use; and
47) Law No. 168 of 2nd July 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Currency Regulation and Currency Control, Risk-Oriented Supervision of Activity of Financial Organisations, Protection of the Rights of Financial Services Consumers and Improvement of Activity of the National Bank of the Republic of Kazakhstan.
1. The auditing organisations that have licences for the performance of auditing shall have the right to engage in auditing.
2. Auditing organisations, aside from auditing, may also render the following services in relation to the profile of their activity:
1) related services associated with the profile of their activity in accordance with the standards of auditing;
2) restoration and maintenance of accounting, compilation of financial statements;
4) consultation in issues of applying legislation concerning taxes and other obligatory payments to the budget and maintenance of accounts;
4-1) conducting of tax audit and making of an auditor’s opinion on taxes;
4-2) conducting special purpose audits of entities of the quazi-state sector;
4-3) auditing of data on the subsurface user’s expenses;
4-4) auditing of other information and drawing up an audit report on the audit of other information;
5) formation of primary statistical data;
6) analysis of financial-operational activities and financial planning, economic, financial and managerial consultation;
7) consultation concerning issues of maintaining accounts and compiling financial statements;
8) training in accounting and compilation of financial statements, taxation, auditing and analysis of financial and operational activities and financial planning;
9) recommendations associated with automation of maintaining accounts and compilation of financial statements, training in automated accounting and compilation of financial statements;
10) elaboration of methodological instructions and recommendations for the maintenance of accounts and compilation of financial statements, auditing, analysis of financial and operational activities and financial planning, rendering of related services associated with the profile of their activity in accordance with the standards on auditing;
11) legal services, associated with auditing.
Where in accordance with the Law of the Republic of Kazakhstan “Concerning Permits and Notices” the rendering of certain types of services according to the profile of own activity as stipulated by this paragraph requires to obtain permits or to deliver notices, auditing organisations shall have no right to render those services without the presence of permits or delivery of notices.