However, if the company includes more than 15 participants, it is mandatory to create control bodies. An auditor may be involved for control. It is approved at the general meeting.
There are three forms of control over the financial and economic activities of a company:
- permanent audit commission (auditor);
- a permanent audit commission (auditor) and a professional auditor involved as necessary;
- hired auditor.
General provisions
1.1. These Regulations are an internal document of [insert the full name of the organization] (hereinafter referred to as the Company), defining the status, composition, rights and obligations, the procedure for forming the Audit Commission of the Company, the procedure for conducting inspections (audits) and making decisions by the Audit Commission of the Company.
1.2. The Audit Commission is the internal financial control body of the Company.
1.3. The competence and procedure for the activities of the Audit Commission of the Company are determined by the legislation of the Russian Federation, the Charter of the Company, these Regulations and other internal documents of the Company insofar as they relate to the activities of the Audit Commission of the Company.
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Formation and composition of the audit commission
2.1. A member of the Audit Commission of the Company can be either a participant of the Company or any able-bodied individual who is not limited in civil capacity and has the necessary professional knowledge and practical experience.
Special requirements for a member of the Company's Audit Commission: [fill in as necessary].
2.2. The quantitative composition of the Company's Audit Commission is determined by a decision of the General Meeting of its participants, but not less than three people.
2.3. The Audit Commission of the Company is elected by the General Meeting of its participants for a term of [value].
2.4. Persons elected to the Audit Commission of the Company may be re-elected an unlimited number of times.
2.5. The Audit Commission of the Company cannot include members of the Management Board of the Company.
2.6. The decision of the General Meeting of Members of the Company on the issue of electing members of the Audit Commission of the Company is made by voting separately for each candidate. The decision is considered adopted if [value] of votes are cast for it from the total number of votes of the Company’s participants.
2.7. Newly elected members of the Company's Audit Commission assume their powers from the date the General Meeting of Participants of the Company makes a decision on the issue of their election.
2.8. The powers of the members of the Company's Audit Commission are terminated upon expiration of the term for which they were elected.
2.9. By decision of the General Meeting of Participants of the Company, the powers of members of the Audit Commission of the Company may be terminated early.
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Chairman of the Audit Commission
3.1. The Chairman of the Audit Commission of the Company is elected by the members of the Audit Commission of the Company from among them by a majority vote of the total number of members of the commission.
3.2. The Audit Commission of the Company has the right to re-elect its chairman at any time by a majority vote of the total number of members of the commission.
3.3. The Chairman of the Audit Commission of the Company organizes its work, convenes meetings of the Audit Commission of the Company and presides over them, organizes the keeping of minutes at meetings, signs the minutes of the meeting of the Audit Commission of the Company and other documents emanating on its behalf.
3.4. In the absence of the chairman of the Company's Audit Commission, his functions are performed by one of the commission members by decision of the Company's Audit Commission.
3.5. The Chairman of the Audit Commission of the Company may voluntarily resign at any time by sending the remaining members of the Audit Commission of the Company a corresponding notice in any form.
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Activity report
Another mandatory document that the audit commission must present to the general meeting is an activity report. It is drawn up and provided based on the results of the commission’s work. The contents of the document should reflect information not only about the commission, but also a list of activities carried out as part of the audit.
Procedure for provision
The report is provided after the audit is completed. Also, this information can be considered at the final general meeting held once a year. The report itself is submitted by the Chairman of the Republic of Kazakhstan. In practice, postal or Internet forwarding is not used. In this case, certified copies of the report can be prepared for the general meeting. And the original can be left in the commission. During the review process, each member of the HOA can ask questions or make suggestions to improve the work of the commission. The results of the review of the report are documented in a protocol.
It should be noted that re-election of the commission is possible if during the meeting facts of violation of the legislation of the Republic of Kazakhstan are established. In such cases, members of the HOA can attract third-party specialists, under the terms of a service agreement, to analyze the work of the audit commission.
Content
The content of the report is similar to an inspection report. It must contain the following information:
- Document's name.
- Name of the HOA commission.
- The period of activity for which the Republic of Kazakhstan reports.
- Date and place of execution of the document.
- The normative act on the basis of which the commission acted.
- Areas of HOA activity that were subject to inspection.
- What information were the members of the commission guided by?
- General characteristics of the residential area and surrounding area.
- A system used to collect taxes from property owners.
- Financial condition of the partnership.
- Source of funds.
- The total amount accrued for the use of real estate and housing and communal services.
- Existing debt. In this case, data is reflected for each owner.
- Information and salaries of service personnel.
- The status of paying taxes, that is, whether there is a debt or not.
- Composition of fixed assets.
- Identified violations.
- Commission proposals.
The report is signed by the Chairman of the Republic of Kazakhstan. Let us note that the commission’s proposals should not be limited only to the choice of measures to influence the perpetrators. It can be recommended, for example, to send service specialists for additional training.
4. Powers, rights and responsibilities of the audit commission
4.1. The following issues fall within the competence of the Company's Audit Commission:
— verification of the Company’s financial documentation, conclusions of the property inventory commission, comparison of these documents with primary accounting data;
— checking the legality of contracts concluded on behalf of the Company, transactions made, and settlements with counterparties;
— analysis of compliance of accounting and statistical records with existing regulations;
— checking compliance in the financial, economic and production activities of the Company with established standards, rules, GOSTs;
— analysis of the financial position of the Company, its solvency, liquidity of assets, the ratio of equity and borrowed funds, identifying reserves for improving the economic condition of the Company and developing recommendations for its management bodies;
— checking the correctness of the Company’s balance sheets and reporting documentation;
— checking the competence of decisions taken by the Company’s management body, their compliance with the Company’s Charter and decisions of general meetings.
4.2. The Audit Commission of the Company carries out regular inspections (audits) of the financial and economic activities and current documentation of the Company at least once a year, as well as at any time on its own initiative, by decision of the General Meeting of Participants of the Company.
4.3. In the course of performing the functions assigned to the Audit Commission of the Company, the commission may involve experts from among persons who do not hold positions in the Company. The Chairman of the Company's Audit Commission is responsible for the actions of the involved specialists.
4.4. The Audit Commission of the Company has the right:
— demand from persons holding positions in the Company’s management bodies the necessary explanations on issues arising during inspections and audits, orally or in writing;
— receive and get acquainted with documents on the financial and economic activities of the Company;
— demand the convening of an extraordinary General Meeting of the Company’s participants, including based on the results of an inspection if a threat to the interests of the Company arises or abuse of officials is identified, as well as when identified violations require a decision to be made on issues within the competence of the specified management bodies of the Company.
4.5. Officials of the Company are obliged to provide the Audit Commission of the Company with the required documents on the financial and economic activities of the Company no later than [meaning] days after the commission makes an oral or written request.
4.6. The Audit Commission of the Company is obliged to:
— carry out timely and complete checks (audits) of the financial and economic activities of the Company;
— timely and conscientiously study all documents and materials related to the subject of the inspection;
— assess the reliability of the data contained in reports and other financial documents of the Company;
- based on the results of inspections (audits), in all cases, draw up certificates (acts, conclusions), including conclusions and proposals for correcting identified deficiencies;
— demand from the relevant management bodies of the Company to eliminate the identified violations;
— maintain commercial secrets;
— not to disclose confidential information to which members of the Company’s Audit Commission have access when performing their functions;
— timely bring to the attention of the General Meeting of Members of the Company the results of inspections (audits) carried out in the form of a conclusion.
4.7. Based on the results of the audit of the financial and economic activities of the Company, the Audit Commission of the Company draws up a conclusion, which is approved at its meeting. The conclusion is signed by the chairman of the Audit Commission of the Company who took part in the audit and submitted to the relevant management bodies of the Company.
4.8. The conclusion drawn up by the Audit Commission of the Company must contain information about:
— reliability of the Company’s financial statements;
— facts of violation of the procedure for maintaining accounting records and presenting financial statements established by legal acts of the Russian Federation, as well as legal acts of the Russian Federation and internal documents of the Company when carrying out financial and economic activities;
— other information determined by the current legislation of the Russian Federation.
4.9. The Audit Commission of the Company submits, no later than [value] days before the annual General Meeting of Members of the Company, a conclusion based on the results of the audit of the financial and economic activities of the Company for the year.
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Conducting an audit
The main function of the Republic of Kazakhstan is to conduct an audit. This procedure is implemented both as planned and in the event of unforeseen circumstances that require an inspection.
During the event, the following areas of the HOA's activities should be checked:
- Safety, technical condition and use of assets, operations for their receipt and expenditure.
- Timely and complete calculation of depreciation of fixed assets.
- Preservation and use of material assets, as well as operations for their receipt and expenditure.
- Compliance with established prices and tariffs for housing and communal services.
- Calculation of payments for real estate to owners and users.
- Determination of the amount and adjustment of remuneration for service personnel.
- Carrying out cash and banking operations.
- Storage and use of strict reporting forms.
- Payments to resource-providing and service organizations, budgetary and commercial structures.
- Financial condition of the partnership.
- Accounting and reporting reliability.
After completion of such an event, an act must be drawn up and presented to the general meeting.
Reasons
A detailed list of circumstances that are grounds for conducting an audit is not established by the current regulatory legal acts. According to the general rules, an inspection can be scheduled, that is, carried out during the period determined by the general meeting, or unscheduled. In the latter case, the grounds most often are complaints from the owners. They are connected with the violation of the powers of the HOA board.
Examples are: unjustified increases in payments and contributions, poor sanitary conditions of common areas and surrounding areas, untimely repairs and replacement of broken equipment. Each complaint is subject to a preliminary investigation. In this case, an audit is carried out even in cases where a person has suspicions that his rights have been violated. The inspection is carried out to establish or refute the fact of misconduct.
It should be noted that both one owner and the entire partnership have the right to initiate an audit.
Checking act
Upon completion of the audit, a report must be drawn up. For this, you can use regular office paper.
The text of the document must reflect the following information:
- Date and place of execution of the document.
- Information about the composition of the audit commission. This indicates the last name, first name, patronymic of each person, as well as who is the chairman, secretary and members.
- Information about qualified specialists who were involved in the implementation of the procedure.
- Time of inspection.
- The grounds for carrying it out are a plan or a complaint received.
- Which areas were revised?
- The nature of the identified violations.
- The requirements of which regulatory legal acts were violated.
- The amount of damage caused.
- Commission proposals.
The act must be signed by all members of the Republic of Kazakhstan.
Operating procedure of the audit commission
5.1. Decisions on issues within the competence of the Company's Audit Commission are made at meetings of the commission.
5.2. Meetings of the Audit Commission of the Company are held [as necessary/in accordance with the meeting schedule approved by the Audit Commission].
5.3. A meeting of the Audit Commission of the Company is convened by the Chairman of the Audit Commission of the Company.
5.4. At meetings of the Company's Audit Commission, its members must be present in person; they cannot delegate their powers to other persons by proxy.
5.5. The quorum for holding a meeting of the Company's Audit Commission must be no less than [value] of the number of elected members of the Company's Audit Commission.
5.6. When resolving issues at a meeting of the Company's Audit Commission, each member of the commission has one vote. The transfer of votes by one member of the commission to another member of the commission is prohibited.
5.7. Decisions at a meeting of the Company's Audit Commission are made by a majority vote of the commission members participating in the meeting. In case of equality of votes, the casting vote is the chairman of the Audit Commission of the Company.
5.8. Members of the Audit Commission of the Company, in case of disagreement with the decision of the Audit Commission of the Company, may express in writing special opinions, which are attached to the minutes of the meeting of the Audit Commission of the Company.
5.9. Minutes are kept at the meeting of the Company's Audit Commission.
5.10. The protocol indicates:
— date, place and time of the event;
— persons present at the meeting;
— agenda of the meeting;
— issues put to vote and the results of voting on them;
- decisions made.
5.11. The minutes of the meeting of the Audit Commission of the Company are signed by the chairman of the Audit Commission of the Company.
5.12. Conclusions, minutes of meetings and other documents related to the activities of the Company's Audit Commission are stored at the location of its executive body in the manner and within the time limits established by the current legislation of the Russian Federation.
5.13. Inspections of the financial and economic activities of the Company carried out by the Audit Commission of the Company should not disrupt the normal operating mode of the Company.
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Objectives of activity
The main goals of the work of the Republic of Kazakhstan arise from its powers. First of all, this is an audit of the financial and economic activities of the partnership, as well as control of the process of spending funds available on the organization’s balance sheet. It is important to carry out inspections based on complaints from owners. In this case, the nature of the appeal does not matter. An inspection can be carried out for any violations. The Republic of Kazakhstan also studies the calculations and execution of estimates, remuneration of hired personnel, and monitors the implementation of the rules of the Charter and the norms of current legislation. Finally, the commission checks the correctness of the calculation of the amounts of mandatory payments and contributions.
Responsibility of the Audit Commission
6.1. Members of the Company's Audit Commission are responsible for the reliability of their conclusions, as well as for the reliability of information on the financial and economic situation of the Company.
6.2. Members of the Company's Audit Commission are responsible for the conscientious fulfillment of the duties assigned to them in the manner prescribed by current legislation.
6.3. By decision of the General Meeting of Members of the Company, members of the Audit Commission of the Company, during the period of performance of their duties, may be paid remuneration and (or) compensated for expenses associated with the performance of their functions as members of the Audit Commission of the Company.
6.4. The amounts of such remuneration and compensation are established by a decision of the General Meeting of Members of the Company.
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