Definition and legal classification: Bücherrevisor, Buchprüfer
The term Bücherrevisor or Buchprüfer refers to a natural person or a company that, on behalf of third parties, ensures the proper management and auditing of commercial books and other documents. This activity has different legal foundations and meanings in Germany, Austria, and Switzerland, which are comprehensively outlined below.
Duties and scope of activities
Book audit within the framework of accounting
One of the main tasks of a Bücherrevisor/Buchprüfer is to review the accounting in accordance with the statutory provisions. A proper book audit serves to provide company management, shareholders, supervisory bodies, creditors, and sometimes also government agencies with an overview of the business activity, the economic situation, and the assets of the audited company.
The scope of duties includes, among others:
- Control of account management and accounting records
- Review of inventories and annual financial statements
- Monitoring compliance with statutory bookkeeping obligations
- Verification of supporting documents and business transactions
- Identification of possible sources of error, irregularities, or violations of commercial and tax law provisions
Distinction from auditor and certified public accountant
In contrast to the legally appointed certified public accountant, the Bücherrevisor is not necessarily authorized to audit large corporations or banks. The scope of his work primarily covers small and medium-sized enterprises, associations, public law corporations, as well as specific industry sectors where there is no statutory obligation for an annual audit. In Switzerland, the work is usually assigned to the auditor (limited audit) or to the licensed audit expert (ordinary audit).
Legal framework
Germany
Legal basis
In the Federal Republic of Germany, the term “Bücherrevisor” is not explicitly regulated by law. However, the tasks overlap with the provisions anchored in the German Commercial Code (HGB) regarding bookkeeping and audit obligations.
- §§ 238 ff. HGB regulate the bookkeeping obligations of merchants
- §§ 316 ff. HGB describe the obligation to audit annual financial statements
- § 342 para. 2 HGB provides for sanctions in the case of deficient or falsified bookkeeping
The work of the Bücherrevisor thus falls within the area of voluntary or contractually agreed audits of books and annual financial statements, without the admission requirements that apply to certified public accountants or sworn auditors.
Access and qualification
For Bücherrevisor or Buchprüfer, there are no statutory professional qualifications or admission requirements in the legal sense. In practice, they regularly have commercial or tax training and relevant professional experience. Their activities are often regulated by the statutes of associations, clubs or cooperatives, which specify the appointment, duties and responsibilities of the Bücherrevisor.
Liability and responsibility
The Bücherrevisor is liable to the client within the scope of his contractual obligations for the proper execution of the book audit. Liability may arise from the German Civil Code (BGB), particularly within the context of service or work contracts (§§ 611, 631 ff. BGB). If third parties (e.g., creditors) suffer damages due to faulty audit services, delictual liability may also arise under certain conditions (§§ 823 ff. BGB).
Austria
Legal basis
In Austria, the work of the Bücherrevisor/Buchprüfer is of particular importance in cooperative and association law. Here, the role of the Bücherrevisor is partly regulated by law.
- §§ 22-24 Vereinsgesetz 2002 (VerG) require each association to appoint appropriate supervisory bodies, usually including a book audit by Bücherrevisoren.
- Im Cooperative sector the Cooperative Act (GenG) under § 152 and § 157 ff. provides for regular audits of the proper management and the financial circumstances by auditors.
Responsibility and liability
Under Austrian law, the Bücherrevisor is accountable to the association and can be held liable for breaches of duty. Personal liability exists for grossly negligent or intentional violations of supervisory and auditing duties.
Entry requirements
There are no formal entry restrictions for association auditors; however, by law, they must be independent, impartial, and have sufficient expertise. Regulations in the cooperative sector typically require special training for auditors.
Switzerland
Legal anchoring
In Switzerland, the work as auditor or Buchprüfer is governed by the Swiss Code of Obligations (OR) in articles 727 ff. OR The law distinguishes between the ‘limited audit’ (small companies) and the ‘ordinary audit’, which is reserved for licensed auditors.
- Art. 727c OR specifies the requirements for the auditor
- Art. 728 ff. OR regulate the duties and scope of the audit
Admission and qualification
The performance of an ordinary audit is reserved for certain licensed individuals and companies. For limited audits, the relevant professional qualification is required, but not a special license as is the case for audit experts.
Liability issues
Under Swiss law, the auditor is liable to the company for damages caused by intentional or negligent breaches of duty (Art. 755 OR). Liability may affect both the company and individual shareholders or creditors.
Special provisions
Bücherrevisoren in the context of cooperatives and associations
Bücherrevisoren have special significance in cooperative and association law. They supervise the financial administration and report to the general assembly or the board. In cooperatives, their activity is specified in the statutes or by law to ensure control over management and to protect the interests of members.
Criminal and administrative penalty provisions
Incorrect, deficient or even deliberately false audit reports by Bücherrevisoren may have civil and, in some cases, criminal consequences, especially in cases of intentional deception (e.g., embezzlement, fraud) or violations of tax obligations.
Differences and distinctions from related professions
The Bücherrevisor/Buchprüfer must be distinguished from other professionally organized persons such as tax advisors or publicly appointed certified public accountants. While the latter are subject to stricter state supervision, audit obligations, and comprehensive professional law, the work of the Bücherrevisor is more flexible, but is limited to areas without statutory audit requirements.
Summary and relevance in practice
Bücherrevisoren or Buchprüfer hold a central control function in companies, associations, and cooperatives. Through their work, they ensure transparency, reliable financial reporting, and compliance with relevant legal and statutory requirements. The precise duties, rights, and liability of the Bücherrevisor are determined by the respective national law, the statutes, or the underlying audit contract.
See also
- Audit of annual financial statements
- Audit (business)
- Cooperative law
- Association law
- Bookkeeping obligations
Frequently asked questions
What legal requirements must a person fulfill to work as a Bücherrevisor or Buchprüfer?
Strict legal requirements apply to the exercise of the profession as Bücherrevisor or Buchprüfer, derived in particular from the German Commercial Code (HGB), the Auditors’ Ordinance (WPO), and possibly the respective state laws and additional professional regulations. It is essential that only persons with appropriate qualifications and admission may be appointed as Buchprüfer or certified public accountant. This includes, in Germany for example, passing the demanding auditor examination and proving practical experience in fields such as accounting, tax law, and business law. In addition, entry in the public professional register is mandatory. For certain types of audits, especially statutory audits of annual accounts, only state-recognized and appointed auditors are allowed to practice. Furthermore, reliability, sound financial circumstances, and evidence of regular continuing education are required. Legal restrictions also apply concerning independence and professional confidentiality.
In which situations is the involvement of a Bücherrevisor legally required?
The statutory requirement to appoint a Bücherrevisor or Buchprüfer arises particularly in connection with the audit of annual financial statements of publicly traded companies, medium-sized and large companies under § 316 HGB, as well as in certain special cases, such as restructuring audits or insolvency law. In cooperatives, an external audit in accordance with § 53 GenG is regularly mandatory. In addition, some professional regulations and the statutes of associations and foundations explicitly require the appointment of an (internal or external) auditor. Under GmbH and AG law, under certain circumstances, the appointment of a special auditor by court order is possible (§§ 142, 258 AktG, § 46 No. 6 GmbHG). In tax law, for example, the tax office’s audit requires an independent and comprehensive audit of the business records.
What statutory duties and responsibilities does a Bücherrevisor or Buchprüfer have during their activity?
A Bücherrevisor or Buchprüfer is subject to numerous legal obligations during the exercise of their profession. Essential is the requirement to maintain independence and impartiality toward the client to be audited, as specifically set out, for example, in § 43 WPO and relevant professional rules. The duty of confidentiality (§ 43 para. 1 WPO; § 203 StGB) applies to all information obtained in the course of their work, irrespective of whether it is in written or oral form. There is also an obligation for careful, conscientious, and objective performance of audit procedures according to the standard of professional due diligence (§ 323 HGB). The obligation to document is also legally regulated – all audit documents and working papers must be properly created and retained (retention obligations in accordance with § 51b WPO, § 66 StBerG). Reporting of the results is also subject to strict legal requirements – for example, the audit report must be clear, understandable, and complete as well as contain all significant findings.
What statutory liability risks exist for a Bücherrevisor or Buchprüfer?
The liability of a Bücherrevisor or Buchprüfer is extensively regulated by law. In the event of a culpable breach of duty, for example through gross negligence or intent, the auditor may be required under general civil law principles (particularly § 280 BGB in conjunction with §§ 631 ff. BGB) to compensate for damage resulting from the defective audit. A special form of liability is the so-called ‘auditor liability’ under § 323 HGB: For damages caused to third parties by an erroneous audit opinion, the auditor may be liable under certain conditions – the legislator has also introduced maximum liability limits (§ 323 para. 2 HGB, § 54a WPO). Criminal consequences, for example for aiding and abetting fraud (§ 263 StGB) or breach of confidentiality (§ 203 StGB), are also possible. To safeguard against such risks, a legally prescribed professional liability insurance is generally mandatory for auditors (§ 54 WPO).
What legal remedies are available to companies if they disagree with the result of a book audit?
Companies or other audited organizations have various legal remedies available to contest disputed audit results. In advance, an arbitration clause may be included as part of the mandate agreement. If an audit report is challenged on substantive grounds, a counterstatement may initially be submitted to the auditor. Rights to a hearing and to comment exist in writing under § 321 para. 2 HGB. Formal objection options arise particularly if a statutory audit is concerned – in this case, the Chamber of Public Accountants, for example, may be involved under the respective professional supervisory rights. Civil law also allows for the assertion of damage claims due to defective performance. In particularly serious cases, such as conflicts of interest or legal violations by the auditor, replacement of the auditor or judicial challenge of the audit report may be sought through the chamber or the court of competent jurisdiction.
How is the duty of confidentiality for Bücherrevisoren and Buchprüfer regulated by law?
The duty of confidentiality is particularly emphasized in the professional regulations for auditors and is subject to penalty under provisions such as § 43 (1) WPO, § 57 (1) StBerG, and § 203 StGB. Accordingly, the auditor is obliged to maintain secrecy regarding all information obtained in the course of his or her activities—including, in particular, trade and business secrets—unless there is an express waiver by the client or a statutory obligation to disclose exists. Violations are relevant not only under civil law, but also criminal law, whereby the scope of the duty of confidentiality applies regardless of the duration of the client relationship. The duty of confidentiality also extends to all employees, assistants, and third parties involved in the work.
What role do codes of professional conduct and professional statutes play in the legal practice of auditors and book examiners?
Codes of professional conduct and professional statutes specify the general legal requirements and are legally binding for auditing practice. For certified public accountants, the statute for quality control and the “Professional Statute for Certified Public Accountants/Sworn Auditors” are particularly relevant. Among other things, these regulate the handling of conflicts of interest, requirements for the acceptance and rejection of mandates, standards for independence, obligations for continuing education, and the structure of audit performance. Violations of these professional duties can result in disciplinary actions, such as warnings, fines, or, in extreme cases, loss of authorization as an auditor or book examiner. Compliance with the professional statute is regularly monitored by the respective chamber (e.g., Chamber of Public Accountants).
