Securities Commission Act 1993 · Updated to 1 Mar 2016 · Part III · Finance
31C. Establishment of Audit Oversight Board
Feedback & supportFor the purposes of discharging its functions under section 31B relating to audit oversight, the Commission shall establish an
Commission
“Commission” means the Securities Commission Malaysia established under section 3;
Audit Oversight Board.
Audit Oversight Board
“Audit Oversight Board” means the Audit Oversight Board established under section 31C;
The Audit Oversight Board shall consist of the following members who shall be appointed by the Board:
an executive chairman; and
six non-executive members.
For the purposes of subsection (2), members who are appointed by the Board—
must possess knowledge and experience in finance, business, or in any other relevant discipline;
must be individuals of integrity and reputation who have demonstrated commitment to the interests of investors;
and
must understand the responsibilities for and the nature of financial disclosures as required by public interest entities or schedule funds.
The executive chairman shall not—
Chairman
“Chairman” means the Chairman of the Commission appointed under paragraph 4(2)(a);
be employed by any other person or be engaged in any other professional or business activity;
be a director or controlling shareholder of ay public interest entity or schedule fund, its related corporation or associate company;
have any share in any of the profits of an accounting or auditing firm; and
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receive payment from any accounting or auditing firm or from any other person as may be specified by the
Commission, other than fixed continuing payments under standard arrangments for retirement from an accounting or auditing firm subject to such conditions as the Commission may impose.
In this section, “controlling shareholder” means a person who—
is entitled to exercise, or control the exercise of, not less than fifteen per centum of the votes attached to the voting shares in a company;
has the power to appoint or cause to be appointed a majority of the directors of a company; or
has the power to make or cause to be made, decisions in respect of the business or administration of a company, and to give effect to such dcisiosn or cause them to be given effect to.
At all times, not more than two non-executive members of the
Audit Oversight Bord shall be members of the Malaysian Institute of
Accountants who are registered under the Accountant Act 1967 as a chartered accountant, a licensed accountant or an associate member.
The executive chairman shall be entrusted with the day-to-day administration of the Audit Oversight Board.
Application of Schedule 2