Home   Browse contents   View updates   Search  
     Quick search
Go
   

Whole SectionText only Print Print Manager Link


  Versions
(3 versions)
 

103. Co-operation with auditors



Whole Section PDF

To view past versions of this module in PDF format, please visit the Archive.

(1) In this Article, a Relevant Person means:
(a) an Authorised Person;
(b) a Public Listed Company;
(c) in relation to a Domestic Fund, the Fund Manager and, where appointed, the Trustee of the Fund, any person providing oversight of the Fund and any member of the Governing Body of the Fund; and
(d) an officer, employee or agent of a person referred to in (a), (b) or (c).
(2) A Relevant Person shall co-operate with its Auditor and, without limiting the generality of that obligation, shall comply with such measures relating to cooperation with its Auditor as may be prescribed in the Rules.
(3) A Relevant Person shall not knowingly or recklessly:
(a) provide information to its Auditor that is materially false, misleading or deceptive; or
(b) omit to provide information to its Auditor, that its Auditor reasonably requires, or is entitled to require, where the omission of such information is likely to mislead or deceive its Auditor.
(4) A Relevant Person or any person acting under the direction or authority of such Relevant Person shall not without reasonable excuse engage in any of the following conduct:
(a) destruction or concealment of documents;
(b) coercion, manipulation, misleading, or influencing of the Auditor;
(c) failure to provide access to information or documents specified by the Auditor; or
(d) failure to give any information or explanation which the person is able to give;
where that person knows or ought to know that such conduct could:
(e) obstruct the Auditor in the performance of his duties under this Part or Rules made for the purposes of this Part; or
(f) result in the rendering of the financial statements of the Authorised Person, Public Listed Company or Domestic Fund, or the Auditor's report materially misleading.