Malaysia legislation

Section 64

of *DEVELOPMENT FINANCIAL INSTITUTIONS ACT 2002

Section 64

(a)

is not an approved company auditor;

(b)

has any direct or indirect interest in that prescribed institution, including an interest in its shares;

(c)

is a director, controller or employee of that prescribed institution;

(d)

is indebted to that prescribed institution or to any related corporation of that prescribed institution; or

(e)

has been convicted of any offence under this Act or the

*Companies Act 1965, or of any offence under any other written law involving fraud or dishonesty.

(2)

(Deleted by Act A1502).

(3)

Notwithstanding subsection (1), the Bank may approve in writing a person who is disqualified by virtue of subsection (1) to be appointed as an auditor if the Bank is satisfied that it would not be contrary to the interest of the prescribed institution.

(4)

For the purposes of subsection (1), a person shall be deemed to be an employee of a prescribed institution—

*NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777]

which comes into operation on 31 January 2017–see subsection 620(1) of Act 777.

86

(a)

if he is an employee of a related corporation of that prescribed institution; or

(b)

except where the Bank, in the circumstances of the case, otherwise directs, if he has, within the preceding period of twelve months, been an employee or promoter of that prescribed institution or its related corporation.

(5)

Unless approved by the Bank under subsection (3), an auditor for a prescribed institution who is disqualified under subsection (1) or section 9 of the *Companies Act 1965 shall immediately cease to be the auditor of the prescribed institution.

(6)

(Deleted by Act A1502).

Restriction on audit firm

Section 64 — DEVELOPMENT FINANCIAL INSTITUTIONS ACT 2002