2024-01-23
Added · Updated
The Central Bank of Jordan issued Instructions No. 3/2024, effective January 23, 2024, establishing standards and conditions for licensed chartered accountants and audit firms auditing licensed exchange companies. These instructions require exchange companies to adopt an external audit policy, change audit firms every seven years with a two-year cooling-off period, and ensure strict independence and objectivity of auditors. They also detail minimum qualifications for responsible chartered accountants and audit teams, including experience, training, and adherence to professional ethics, and mandate specific reporting duties to the Bank. Category D exchange companies are largely exempted but must appoint a responsible chartered accountant.
[Central Bank of Jordan]
Number: 9 / 2 / 1445 Date: 11 / 7 / 1445 AH Corresponding to: 23 / 1 / 2024 AD
Instructions for the Standards and Conditions Required for Licensed Chartered Accountants to Audit the Accounts of Licensed Exchange Companies No. (3/2024) Issued by Virtue of the Decision of the Board of Directors of the Central Bank of Jordan No. (9/2024) dated 14/1/2024 pursuant to the provisions of Article (4/b) of the Central Bank of Jordan Law No. (23) of 1971 and its amendments, and the provisions of Article (23/a) of the Exchange Business Law No. (44) of 2015.
Article (1): These instructions shall be called the Instructions for the Standards and Conditions Required for Licensed Chartered Accountants to Audit the Accounts of Licensed Exchange Companies and shall come into force from 23/1/2024.
Article (2): Definitions A. The following words and phrases shall have the meanings assigned to them below wherever they appear in these instructions, unless the context indicates otherwise.
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Article (3): External Audit Policy The company must prepare an external audit policy and have it approved by the highest administrative authority in the company, depending on the type of company (General Manager, Board of Directors, Board of Directors), so that it is consistent with what is stated in these instructions, and review and evaluate it periodically and amend it whenever necessary. This policy must include, at a minimum, the following: A- Criteria for selecting the audit firm. B- Mechanism for determining audit firm fees. C- Periodic change of the audit firm and the Responsible Chartered Accountant. D- Independence requirements for the audit firm and audit team, including the company's procedures to verify this. E- Audit-related reports.
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F- Tasks and responsibilities of the audit firm. G- Technical and technological audit services. H- Additional services outside the scope of audit services that the audit firm may be assigned.
Article (4): Criteria for Selecting an Audit Firm Taking into account international auditing and quality control standards, the following are the minimum standards and conditions that must be met by the audit firm and audit team for the purpose of auditing the company:
Firstly: Audit Team: A. Responsible Chartered Accountant
B. Audit Team: 1- Each member must hold at least a first university degree in accounting or any related specialization, in accordance with applicable legislation. 2- At least one team member must have at least three years of experience in accounting auditing.
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3- At least one team member must have received appropriate and continuous training in the field of combating money laundering and terrorist financing and related developments, and be familiar with banking operations and their risks, and with legislation related to the business of exchange companies, including those issued by the Bank. 4- The audit team must continue to meet the requirements stated in this paragraph throughout the audit period.
Secondly: Audit Firm:
Article (5): It is required for an audit firm, through which the Responsible Chartered Accountant practices the profession and which has been selected by licensed exchange companies in categories (A, B), to have an audit quality reviewer who possesses the necessary professional experience and competence to perform the required tasks, in addition to meeting the standards specified in items (4, 5) of paragraph (A) of Article (4).
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Article (6): Technical and Technological Audit Services The provisions contained in the chapter on technical and technological audit services stipulated in the External Audit Instructions for Electronic Payment and Money Transfer Service Companies No. (7/2018) dated 2/5/2018 shall apply to exchange companies licensed to manage and operate electronic payment systems, taking into account the provisions of Article (3/D) of the aforementioned instructions.
Article (7): The company must change the audit firm every (7) years at most. The previously assigned Chartered Accountant or audit firm may not be reassigned again before at least two years have passed from the date of their last appointment.
Article (8): Independence and Objectivity of the Audit Firm and Audit Team Taking into account international auditing and quality control standards, the audit firm and audit team must enjoy independence and objectivity throughout the contract period, provided the following conditions are met:
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Article (9): Companies operating in category (D) are exempted from the conditions and requirements stated in these instructions and are obligated to appoint a Responsible Chartered Accountant in accordance with the provisions of applicable legislation, commensurate with the size and nature of the company's operations as deemed appropriate. The Bank may, if it deems it necessary, obligate any of these companies to all or any of the standards and requirements stipulated in these instructions.
Article (10): Duties of the Responsible Chartered Accountant In addition to the provisions of Article (23/A) of the Exchange Business Law No. (44) of 2015 and Article (14) of the Anti-Money Laundering and Terrorist Financing Instructions for Exchange Companies and other related legislation, the Chartered Accountant must, at a minimum, adhere to the following: A- Provide the Bank with the following:
Article (11): Mechanism for Including the Chartered Accountant and Audit Firm in the List A- The Chartered Accountant shall submit an application for inclusion in the List, and the Association shall provide the Bank with these applications after verifying the availability of the conditions and standards stated in these instructions and verifying the validity of the Chartered Accountant's auditing practice.
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B- The Board shall issue a list of Chartered Accountants, and the company must choose from it those it appoints to audit its accounts who meet the conditions stated in these instructions. The duration of inclusion in the List shall be three years, ending at the end of December of the third year. For first-time inclusion, the duration shall be from the date of inclusion until the end of December of the third year from the effective date of these instructions.
Article (12): A- The company must inform the Bank in writing of the name of the selected Responsible Chartered Accountant within one month of the appointment decision and before commencing the audit process, taking into account the provisions of Article (23/B) of the Exchange Business Law No. (44) of 2015 in this regard. B- The company must inform the Bank in writing if it changes the Responsible Chartered Accountant within two weeks from its date, providing the Bank with the reasons supported by all necessary documents, whether the change was made by the company or by the Responsible Chartered Accountant.
Article (13): A- If at any time the Bank finds that the Responsible Chartered Accountant whose name is included in the List has committed professional errors or legal violations related to practicing the profession, or violated the provisions of these instructions, including losing any of the conditions and standards contained therein, and this materially affects the results of the audit process, the Bank may take the following actions:
Article (14): In applying the provisions of these instructions, existing contractual obligations between exchange companies and licensed Chartered Accountants shall be taken into account, and a grace period of one fiscal year shall be granted for the application of the instructions if previous contractual obligations have been entered into.
Governor Dr. Adel Al-Sharkas
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