Revisors rolle i rekonstruktion: Udvalgte problemstillinger

Abstract

In 2010, a new legal framework on the reconstruction of insolvent companies was introduced as a part of the Danish Bankruptcy Law after a long preparatory work. A major intent of the legislative amendment was to ensure the survival of insolvent but viable businesses. To achieve this a reconstruction team consisting of a reconstruction steward (“rekonstruktør”) and an accounting officer (“regnskabskyndig tillidsmand”) was imposed. The purpose of this master thesis is to identify and try to remedy certain issues a certified accountant may encounter in the role of the accounting officer taking part in a reconstruction process by using a legal dogmatic methodological approach. The thesis initiates with a review of the historic development of the legislation on reconstruction of insolvent businesses followed by a review of the current legislation. Afterwards the roles of the reconstruction team are explained before addressing the issues identified regarding the work of the accounting officer. It turns out there are different issues regarding the work of the accounting officer. A debate among experts proves that there are ambiguities in the legislation regarding the statements of a certified accounting working as an accounting officer within the framework of the Danish Bankruptcy Law. In addition, there are also ambiguities in the formulation of the legislation regarding other actions required of the accounting officer, such as evaluation of the debtor’s assets. This thesis shows that there are uncertainties and difficulties regarding the work of the accounting officer when working within the framework of the Danish Bankruptcy Law. The latter and the general auditor regulation lacks synchronization. It must be assessed that the inexpediencies may be avoided by synchronizing or clarifying the appropriate laws and/or by improving the accounting officer’s competences.