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Monaco's Supreme Audit Committee To Increase Scope Of Activity
by Ulrika Lomas, for LawAndTax-News.com, Brussels

31 July 2008

It was announced last week that the Supreme Audit Committee of Monaco, established forty years ago by article 42 of the Constitution, has had its scope of activities increased by the publication of a new Sovereign Order.

The order, published earlier this month, supersedes an earlier version, put in place in 1968 and primarily concerns the powers conferred upon the Committee.

These still centre on, for the most part "the auditing of accounts and the budgetary and financial management of the State, the Municipality and public institutions". However, the Committee can now also audit organisations that benefit from state subsidies, as well as unlisted companies for which the State holds more than half of the capital.

The “droit de suite” which enables the Committee to extend its audits to private organisations that benefit from state financing reinforces its mission to control the financial management of the State, with the latter becoming increasingly involved via subsidies or holdings.

Another important innovation provided by the Sovereign Order of 2nd July 2008 is the institution of a public report by the Committee. The 1968 legislation did not provide for any publication of the Committee’s work, although some publicity was guaranteed by the fact that the National Council had access to the information and used it in its debates and annual report concerning the State’s accounts.

The new legislation provides for an activity report to be published in the Journal de Monaco in which, each year, the Committee will "set out the main findings and observations" its audits have revealed.

According to a government statement:

"The entry into force of this legislation marks an important step for the Principality’s Supreme Audit Committee. It is essential that the Committee, which is a member of international organisations of supreme audit institutions (Intosai, Eurosai, AISCCUF) fully complies with the criteria the latter recommend and which provide for the obligation to present and publish every year a report on the results of their activities."

"The increased scope of activities of the Supreme Audit Committee and the obligation to establish an annual public report independent of its other reports, are supported, in the new Sovereign Order, by increased resources: a secretary general and, in particular, the possibility of using the services of experts for any auditing needs. The provisions are also aimed at reconfirming the Committee’s independence, as far as its budgetary status is concerned (classified among the “bodies corporate”) as well as the oath its members take "before the Prince to fulfil the mission with which they are entrusted with enthusiasm, impartiality and with total independence”."

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