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China Imposes First Administrative Penalty in Cross-Border Accounting Audit Supervision

Tue, 23 Aug 2022
Categories: China Legal Trends

In July 2022, China’s Ministry of Finance (MOF) launched an investigation into the Fujian Accsoft Technology Development Co Ltd. (福建埃森思索科技发展有限公司), a wholly-owned subsidiary of Malaysia-listed Lambo Group Berhad, and its related accounting firm, the Shandong Branch of Zhongxingcai Guanghua Certified Public Accountants (中兴财光华会计师事务所), and imposed penalties on these companies.

It is the first time the MOF has imposed administrative penalties in cross-border accounting audit supervision. More specifically, it is the first time that Chinese law-enforcement authorities have assisted in investigating accounting fraud in China upon request by a foreign government.

This case, in our opinion, offers a viable remedy for the financial fraud committed by Chinese companies with overseas listings. It indicates that the government of the region where the company is listed (e.g., the United States) can seek assistance from the Chinese government in investigating financial fraud by the company’s Chinese subsidiaries.

On 13 July 2022, the MOF released the No.42 Accounting Information Quality Inspection Announcement (中华人民共和国财政部会计信息质量检查公告第四十二号), stating that its investigation into this fraud was initiated by Malaysia’s request for assistance and based on the Memorandum of Understanding between the Ministry of Finance of the People’s Republic of China and Securities Commission Malaysia for Cross-border Regulatory Cooperation on Accounting and Audit Matters.

 

 

Cover Photo by Elijah Chen on Unsplash

Contributors: CJO Staff Contributors Team

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