Auditing services can be carried out only by audit companies, which are required to have their registered office in the Republic of Slovenia. Non-EU auditing companies may hold shares in an auditing company in Slovenia subject to a recicprocity condition.
"Article 3 (meaning of terms)
Terms used in this Act mean: [...]
35.    "Audit company" is an audit company organized as a company with its registered office in the Republic of Slovenia, which has a license from the Agency to provide auditing services.
36.    "Third country audit entity" means an entity which, whatever its legal form, carries out audits of the individual or consolidated accounts of a third country company, other than an entity registered as an audit firm in one of the Member States and authorized by the competent authority. authority in the host Member State.
37.    "Audit firm" means a legal person or any other entity, whatever its legal form, authorized by the competent authority of a Member State to carry out statutory audits.
[...]
Article 5 (provision of auditing services)
(1) Auditing services may only be performed by an auditing company.
(2) Auditing services may be performed on behalf of an auditing company only by persons who have a license to perform the tasks of a certified auditor and are in full-time employment with this auditing company. These persons may also entrust the performance of individual audit procedures to other persons employed by the same audit firm or by any member of the network, provided that their work is carefully planned and supervised by the person or persons who are inseparably responsible for the entire auditor's work. report on the financial statements.
(3) Auditing companies may entrust the performance of individual auditing procedures to experts and persons who are not employed by the auditing company, in accordance with auditing rules and provided that their operations are carefully planned and supervised by the person or persons who are inseparably responsible for the auditor's full report on the financial statements. They are subject to the same rules on independence and data protection as employees of the audit firm.
(4) Auditing services may also be performed by an audit firm licensed by the competent authority of a Member State in another Member State and registered with the Agency if the key audit partner performing the audit on behalf of the audit firm meets the conditions of Article 48 of this Act.
(5) The provisions of the second paragraph of this Article on full-time work shall not affect, reduce or restrict the rights of part-time workers specified in sectoral laws and the participation of experts in auditing.
[...]
Article 48 (permission to perform the duties of an authorized auditor)
(1) The Agency issues a permit to perform the duties of an authorized auditor if the person meets the following conditions:
- has a level of education obtained through second-level study programs in accordance with the law governing higher education, or an education corresponding to the level of education obtained through second-level study programs,
- that he has at least five years of work experience, of which at least three years of work experience in performing audits in the last six-year period before submitting the application for the issuance of a permit, with an auditing company or a legal auditor or an auditing company licensed by any member state,
- completed practical training and a test of professional skills for the performance of the tasks of an authorized auditor, determined by the regulations on the acquisition of certificates of professional knowledge and content and the test of professional skills for the performance of the tasks of an authorized auditor and the regulations on the mandatory content of practical training,
- her license to perform the duties of an authorized auditor has not been revoked in the past, or that at least five years have passed since the final revocation of her license,
- has not been sentenced to a non-suspended sentence for an intentional crime prosecuted ex officio, and
- has a high level of active knowledge of Slovenian.
[...]
Article 50 (issuance of permits to legal auditors and audit firms)
(1) The Agency issues a permit to a legal auditor with a permit from another member state for the cross-border performance of the duties of an authorized auditor or the temporary performance of the duties of an authorized auditor in the Republic of Slovenia, if the latter passes a test of professional skills.
(2) The test of professional knowledge is conducted in the Slovenian language and includes a test of knowledge in the areas of Slovenian law from the first paragraph of the previous article and Slovenian accounting standards. The manner and content of the professional skills test shall be determined in more detail by the Agency.
(3) An audit firm may perform mandatory audits if the key audit partner performing the mandatory audit on behalf of the audit firm meets the conditions from the first and second paragraphs of this article.
(4) An audit firm that wishes to perform mandatory audits in the Republic of Slovenia, which is not its home Member State, must register with the Agency.
(5) The Agency shall register an audit firm if it is registered with the competent authority of its home Member State. The audit firm must submit to the Agency a certificate proving its registration in the home Member State, which must not be older than three months. The Agency informs the competent authority in the home Member State about the registration of the audit firm of the Member State.
(6) The Agency shall notify the competent authority of the home Member State in which the statutory auditor or audit firm is also registered, in the event of license withdrawal and the reasons for it.
[...]
Article 51 (issuance of licenses to auditors and audit entities from third countries)
(1) The Agency, under the condition of reciprocity, issues a license to perform the duties of an authorized auditor in the Republic of Slovenia to an auditor from a third country, if he proves to the Agency that he meets the requirements equivalent to those from the first paragraph of Article 48 of this Act and that he has passed the professional knowledge test from of the previous article.
(2) Under the condition of reciprocity, the Agency registers an audit entity from third countries if:
- the majority of the members of the administrative or management body of the auditing entity of the third country meet conditions equivalent to those from Article 65 of this Act;
- a third-country auditor who performs an audit on behalf of a third-country audit entity meets conditions equivalent to those from the previous paragraph;
- audits of annual or consolidated financial statements are carried out in accordance with auditing rules, and
- publish an annual transparency report on its website, which includes information from Article 13 of Regulation 537/2014/EU, whether they meet equivalent disclosure requirements.
[...]
Article 61 (shareholders of the auditing company)
(1) Authorized auditors, audit companies, audit companies and audit entities of third countries are holders of audit company shares with at least 75 percent of the voting rights. [...]
6) According to the first paragraph of this article, an audit entity of a third country can be a holder of shares only if, according to the law of the country of the audit entity's registered office, third-country audit companies with their headquarters in the Republic of Slovenia, which are licensed by the Agency to provide audit services, can be holders of shares of the audit entity in the country of headquarters of the third country audit entity.
[...]
Article 65 (management of the auditing company)
(1) The management of the audit company may have one or more members.
(2) A person may not be appointed as a member of the audit company's management who has been sentenced to a non-suspended sentence for an intentional criminal act, which is prosecuted ex officio.
(3) Most of the members of the management and the chairmen of the boards of audit companies must be authorized auditors. If the management has only two members, at least one of the two must be an authorized auditor.[...]" (Auditing Act (Official Gazette of the Republic of Slovenia, No. 65/08), last amended on 28 December 2018, Articles 3, 5, 50-51, 61 and 65 [google translation])
Auditing Act (Official Gazette of the Republic of Slovenia, No. 65/08), last amended on 28 December 2018, Articles 3, 5, 50-51, 61 and 65
[<a href="http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5273">Act</a>]