China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Issues New Rule for State-Owned Enterprises and Listed Companies to Select Accounting Firms

Wed, 05 Jul 2023
Categories: China Legal Trends

avatar

 

This new rule is the “Measures for the Administration of Selection and Engagement of Accounting Firms by State-Owned Enterprises and Listed Companies” issued by the Ministry of Finance and other departments in February 2023.

This new rule refers to the “Measures for the Administration of Selection and Engagement of Accounting Firms by State-Owned Enterprises and Listed Companies” (hereinafter the “Measures”, 国有企业、上市公司选聘会计师事务所管理办法) issued by the Ministry of Finance and other departments on 20 Feb. 2023.

It had previously been reported by some media that China urges state firms to drop Big Four auditors. However, there is no sign of that in the Measures.

The highlights of the Measures are as follows.

  • In principle, a state-owned enterprise (SOE) shall not engage the same accounting firm continuously for more than eight years.
  • A partner of an audit project or a signatory certified public accountant that has actually conducted the audit business of the same SOE or listed company for five years shall not participate in the audit business of the same SOE or listed company for five consecutive years thereafter.
  • SOEs and listed companies shall strengthen the examination of accounting firms’ information security management ability. For instance, they shall include a separate clause in the selection and engagement contract to specify the responsibility and requirements for information security protection and strengthen the management and control of confidential and sensitive information when providing documents and materials to accounting firms, so as to effectively prevent the risk of information disclosure. Accounting firms shall comply with the obligations of information security protection and standardize information data processing activities according to Chinese laws.

 

Photo by Planet Volumes on Unsplash

 

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Revises Anti-Money Laundering Law

China's newly revised Anti-Money Laundering Law, effective January 1, 2025, strengthens regulations on financial institutions, enhances AML obligations, and includes measures to prevent terrorist financing.

Chinese Supreme Court Judgment Enforced by Court of NSW Australia

In October 2024, the Supreme Court of New South Wales, Australia ruled to enforce a Chinese monetary judgment (Fujian Rongtaiyuan Industrial Co Ltd v Zhan [2024] NSWSC 1318). The Chinese judgment was made by the Fujian High People’s Court, which was affirmed by a judgment of China’s Supreme People’s Court (SPC) in 2021.

China Enacts Preschool Education Law

Effective June 1, 2025, China's newly passed Preschool Education Law emphasizes inclusivity and government-led development, and prohibits primary school-style teaching in kindergartens to promote the well-being and development of preschool children.

China Revises Cultural Relics Protection Law

China's revised Cultural Relics Protection Law, effective March 1, 2025, strengthens preservation measures, introduces pre-construction surveys, and promotes international cooperation in the restitution and return of cultural relics.

SPC Regulates Online Judicial Auctions

In November 2024, China’s Supreme People’s Court (SPC) issued new guidelines to regulate online judicial auctions, emphasizing transparency in property disclosures, enhanced mechanisms for judgment debtors to self-dispose of auctioned assets, and improved supervision across all auction stages to protect parties' rights and streamline enforcement procedures.

China’s First Tribunal-Ordered Interim Measure Issued in Beijing

In October 2024, an arbitral tribunal at the Beijing Arbitration Commission (BAC/BIAC) issued an interim measure based on the applicant’s request, which was later confirmed and enforced by the court through a preservation order. This is the first of its kind in China, confirming the validity of tribunal-issued interim measures and highlighting the pro-arbitration stance of Chinese courts.

SPC Releases IP Protection Cases in Seed Industry

In October 2024, China's Supreme People's Court (SPC) released key judicial protection cases to strengthen intellectual property rights in the seed industry, focusing on plant variety and breeding material disputes.

China Defines Rules for Calculating Trademark Infringement Gains

In October 2024, the China National Intellectual Property Administration (CNIPA) and the State Administration for Market Regulation (SAMR) jointly issued the “Measures for Calculating Illegal Business Revenue in Trademark Infringement Cases”, which provide detailed operational guidelines for trademark enforcement authorities to calculate illegal business revenue.