7. CAPITULO III
8.2 Tipos de Estructura Para Mitigar y Estabilizar Taludes
36. The auditor's examination report must include the following elements, modified as necessary in the circumstances and manner discussed in Appendix C:
a. A title that includes the word independent;
b. An identification of the compliance report and the broker's or dealer's assertions regarding the effectiveness of Internal Control Over Compliance during the fiscal year and as of the fiscal year end, compliance with the net capital rule and the reserve requirements rule as of the fiscal year end, and whether the information used to assert compliance with those rules was derived from the broker's or dealer's books and records;
c. A statement that management of the broker or dealer is responsible for establishing and maintaining a system of internal control that has the objective of providing the broker or dealer with reasonable assurance that any instances of non-compliance with the financial responsibility rules will be prevented or detected on a timely basis;
d. A statement that the auditor's responsibility is to express an opinion on the broker's or dealer's assertions based on his or her examination;
e. A statement that the examination was conducted in accordance with the standards of the Public Company Accounting Oversight Board (United States);
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For purposes of this standard, the term "audit committee" has the same definition as that in Auditing Standard No. 16, Communications with Audit Committees.
f. A statement that the standards of the Public Company Accounting Oversight Board require that the auditor plan and perform the examination engagement to obtain reasonable assurance about whether the broker's or dealer's Internal Control Over Compliance was effective during and as of the end of the most recent fiscal year, whether the broker or dealer complied with the net capital rule and the reserve requirements rule as of the end of the most recent fiscal year, and whether the information used to assert compliance with the net capital rule and the reserve requirements rule was derived from the books and records of the broker or dealer;
g. A statement that an examination engagement includes evaluating the design and operating effectiveness of Internal Control Over Compliance; testing and evaluating the broker's or dealer's compliance with the net capital rule and the reserve requirements rule; determining whether the information used to assert compliance with the net capital rule and reserve requirements rule was derived from the broker's or dealer's books and records; and performing such other procedures as the auditor considered necessary in the circumstances;
h. A statement that the auditor believes the examination provides a reasonable basis for his or her opinion;19/
i. The auditor's opinion on whether the assertions made by the broker or dealer in the compliance report are fairly stated, in all material respects; j. The manual signature of the auditor's firm;
k. The city and state (or city and country, in the case of non-U.S. auditors) from which the auditor's examination report has been issued; and
l. The date of the examination report.
37. The following example examination report expressing an unqualified opinion on the assertions made by a broker or dealer in a compliance report illustrates the report elements described in this section.
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When management has made an interpretation of the financial responsibility rules and the auditor has determined that it is necessary to emphasize this interpretation in the auditor's report, the auditor may include a paragraph stating the description and the source of the interpretation made directly following the scope paragraph.
Report of Independent Registered Public Accounting Firm [ Introductory paragraph ]
We have examined W Broker's statements, included in the accompanying [title of the compliance report], that (1) W Broker's internal control over compliance was effective during the most recent fiscal year ended [date]; (2) W Broker's internal control over compliance was effective as of [date]; (3) W Broker was in compliance with 17 C.F.R. §§ 240.15c3-1 and 240.15c3-3(e) as of [date]; and (4) the information used to state that W Broker was in compliance with 17 C.F.R. §§ 240.15c3-1 and 240.15c3- 3(e) was derived from W Broker's books and records. W Broker's management is responsible for establishing and maintaining a system of internal control over compliance that has the objective of providing W Broker with reasonable assurance that non-compliance with 17 C.F.R. § 240.15c3-1, 17 C.F.R. § 240.15c3-3, 17 C.F.R. § 240.17a-13, or Rule [fill in name/number] of [fill in DEA] that requires account statements to be sent to the customers of W Broker will be prevented or detected on a timely basis. Our responsibility is to express an opinion on W Broker's statements based on our examination.
[ Scope paragraph ]
We conducted our examination in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the examination to obtain reasonable assurance about whether W Broker's internal control over compliance was effective as of and during the most recent fiscal year ended [date]; W Broker complied with 17 C.F.R. §§ 240.15c3-1 and 240.15c3-3(e) as of [date]; and the information used to assert compliance with 17 C.F.R. §§ 240.15c3-1 and 240.15c3-3(e) as of [date] was derived from W Broker's books and records. Our examination includes testing and evaluating the design and operating effectiveness of internal control over compliance, testing and evaluating W Broker's compliance with 17 C.F.R. §§ 240.15c3-1 and 240.15c3-3(e), determining whether the information used to assert compliance with 240.15c3-1 and 240.15c3-3(e) was derived from W Broker's books and records, and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion.
[ Opinion paragraph ]
In our opinion, W Broker's statements referred to above are fairly stated, in all material respects.
[Signature ]
[ City and State or Country ] [ Date ]
Examination Report Date
38. The auditor should date the examination report no earlier than the date on which the auditor obtains sufficient appropriate evidence to support his or her opinion.
Note: Because of the coordination between the examination engagement, the audit of the financial statements and the audit procedures performed on supplemental information, the date of the examination report should not be earlier than the date of the auditor's report on the financial statements and supplemental information.