Duties of the auditor

(1) In the audit of the annual financial statements, the auditor must establish whether the insurance undertaking has complied with the following notification duties and requirements:
1. the notification duties under section 47, points 1 to 5 and 7 to 9, section 58(1) and (4), and section 59(1) and (4),
2. the notification duties under section 28(5) of the Financial Conglomerates Supervision Act,
3. the requirements under Article 4(1), (2), and (3), second subparagraph, Articles 4a and 9(1) to (4), and Article 11(1) to (11), first subparagraph, and (12) of Regulation (EU) No 648/2012,
4. the requirements under Article 4(1), first subparagraph, Article 5a(1), and Articles 8b to 8d of Regulation (EU) No 1060/2009, as amended from time to time,
5. the requirements under Article 4(1) to (5) and Article 15 of Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012 (OJ L 337, 23.12.2015, p. 1), as amended from time to time,
6. the requirements under Article 16(1) to (4), Article 23(3), first sentence, and (5), (6), and (10), Article 28(2), and Article 29 of Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014 (OJ L 171, 29.6.2016, p. 1),
7. the requirements under Article 28(1) to (3) of Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84; L 6, 10.1.2015, p. 6; L 270, 15.10.2015, p. 4),
8. the requirements under Articles 5 to 9, 18 to 26, 26b to 26e, 27(1) and (4), and Article 43(5) and (6) of Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC, and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (OJ L 347, 28.12.2017, p. 35),
9. the requirements under Articles 3 to 13 of Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability-related disclosures in the financial services sector (OJ L 317, 9.12.2019, p. 1), as amended by Regulation (EU) 2020/852 (OJ L 198, 22.6.2020, p. 13), and under Articles 5 to 7 of Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13), and
10. the requirements under Articles 5 to 14, 16 to 19, 23 to 25, 28 to 30, and 45(3) of Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009, (EU) No 648/2012, (EU) No 600/2014, (EU) No 909/2014, and (EU) 2016/1011 (OJ L 333, 27.12.2022, p. 1), also in conjunction with a Delegated Regulation under Article 15, 16, 20, 28, or Article 30 of Regulation (EU) 2022/2554. The result must be included in the audit report.
(2) The auditor examines the solvency and financial condition report at both individual and group level and reports separately on the result.
(3) The audit duty under section 317(4) of the Commercial Code applies to all insurance undertakings to which section 91(2) of the Stock Corporation Act applies.
(4) The auditor is obliged to report to the supervisory authority without delay all facts and decisions relating to the audited undertaking of which he or she becomes aware in the performance of his or her duties and which concern:
1. an infringement of the legal and administrative provisions governing the conditions of authorisation, or applicable to the pursuit of the undertaking's activity;
2. an impairment of the continuation of the undertaking's activity;
3. the refusal to confirm the proper conduct of accounting, or reservations;
4. non-compliance with the Solvency Capital Requirement; or
5. non-compliance with the Minimum Capital Requirement. The first sentence applies correspondingly to facts and decisions of which the auditor becomes aware, in the performance of his or her duties, at an insurance undertaking that maintains a close link, arising from a relationship of control, with the audited insurance undertaking. Communications under the first and second sentences are not deemed to constitute a breach of a duty of confidentiality established by contract or by legal or administrative provisions, unless they are not made in good faith.
(5) For insurance undertakings within the meaning of section 52, the auditor must also examine whether they have complied with their duties under sections 53 to 56 and under the Money Laundering Act. A separate report must be made on the examination.