Companies Act 2006

[F1 [F2 1253D Restriction on transfer of audit working papers to third countries U.K.

(1) [F3 Audit working papers and investigation reports] must not be transferred to a third country competent authority except in accordance with—

(a) section 1253DA (transfer by Secretary of State),

(b) section 1253DB (transfer by statutory auditor with approval of Secretary of State), or

(c) section 1253DC (transfer by statutory auditor for purposes of investigation of auditor).

(2) The following are approved third country competent authorities for the purposes of this Part—

(a) the Australian Securities and Investments Commission;

(b) the Canadian Public Accountability Board;

(c) the Certified Public Accountants and Auditing Oversight Board of Japan;

(d) the Financial Services Agency of Japan;

(e) the Federal Audit Oversight Authority of Switzerland;

(f) the Public Company Accounting Oversight Board of the United States of America;

(g) the Securities and Exchange Commission of the United States of America.

[F4 (h) the Comissão de Valores Mobiliários of Brazil;

(i) the Dubai Financial Service Authority of Dubai International Financial Centre;

(j) the Registrar of Companies of Guernsey;

(k) the Finance Professions Supervisory Centre of Indonesia;

(l) the Isle of Man Financial Services Authority;

(m) the Jersey Financial Services Commission;

(n) the Audit Oversight Board of Malaysia;

(o) the Independent Regulatory Board for Auditors of South Africa;

(p) the Financial Services Commission of South Korea;

(q) the Financial Supervisory Service of South Korea;

(r) the Financial Supervisory Commission of Taiwan;

(s) the Securities and Exchange Commission of Thailand.]

(3) Nothing in the sections referred to in subsection (1) authorises the making of a disclosure in contravention of [F5 the data protection legislation].]]

Textual Amendments

F1 Ss. 1253D-1253F and cross-heading inserted (6.4.2008) by The Statutory Auditors and Third Country Auditors Regulations 2007 (S.I. 2007/3494), reg. 15(1) (with reg. 15(2) (as amended by S.I. 2008/499), reg. 2(4)))

F2 Ss. 1253D-1253DE substituted for s. 1253D (15.11.2010) by The Companies Act 2006 (Transfer of Audit Working Papers to Third Countries) Regulations 2010 (S.I. 2010/2537), regs. 1(2), 2

F3 Words in s. 1253D(1) substituted (17.6.2016) by The Statutory Auditors and Third Country Auditors Regulations 2016 (S.I. 2016/649), reg. 1(1)(a), Sch. 3 para. 43(2) (with reg. 1(2)(b))

F4 S. 1253D(2)(h)-(s) inserted (1.5.2017) by The Statutory Auditors and Third Country Auditors Regulations 2017 (S.I. 2017/516), regs. 1(2), 13(5)

F5 Words in s. 1253D(3) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 126 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)