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In forceUpdated to 1 Mar 2016Read it in Bahasa Malaysia

Part III · Finance

31C. Establishment of Audit Oversight Board

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(1)

For the purposes of discharging its functions under section 31B relating to audit oversight, the Commission shall establish an

Audit Oversight Board.

(2)

The Audit Oversight Board shall consist of the following members who shall be appointed by the Board:

(a)

an executive chairman; and

(b)

six non-executive members.

(3)

For the purposes of subsection (2), members who are appointed by the Board—

(a)

must possess knowledge and experience in finance, business, or in any other relevant discipline;

(b)

must be individuals of integrity and reputation who have demonstrated commitment to the interests of investors;

and

(c)

must understand the responsibilities for and the nature of financial disclosures as required by public interest entities or schedule funds.

(4)

The executive chairman shall not—

(a)

be employed by any other person or be engaged in any other professional or business activity;

(b)

be a director or controlling shareholder of ay public interest entity or schedule fund, its related corporation or associate company;

(c)

have any share in any of the profits of an accounting or auditing firm; and

44 Laws of Malaysia ACT 498

(d)

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.

(5)

In this section, “controlling shareholder” means a person who—

(a)

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;

(b)

has the power to appoint or cause to be appointed a majority of the directors of a company; or

(c)

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.

(6)

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.

(7)

The executive chairman shall be entrusted with the day-to-day administration of the Audit Oversight Board.

Application of Schedule 2

Report

Part IIIC

Shariah Advisory Council

Part IV

Issues or Securites and Take-Overs and Mergers

Part V

Enforcement and Investigation

Part VI

General

Part VII

Repeal and Transitional Provisions

Schedules