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(3)
The duties of an auditor appointed under subsection (1) or (2) are —
(a)
to carry out, for the year in respect of which the auditor is appointed, an audit of
the accounts of the licensee;
(b)
to carry out an audit of the transactions in relation to the payment services provided
by the licensee, in particular, in respect of their observance of the provisions of this
Act and any of the requirements imposed under other legislation administered by
the Authority;
(c)
to submit a report of the audit to the Authority in such form and within such time
as may be prescribed or such time as the Authority may allow; and
(d)
to —
(i)
in the case of a licensee incorporated in Singapore, make a report on the
financial statements or consolidated financial statements of the licensee in
accordance with section 207 of the Companies Act; or
(ii)
in the case of a licensee incorporated outside Singapore, make a report on its
latest annual balance sheet and profit and loss account together with any notes
thereon showing the assets and liabilities and profit or loss arising out of the
operations of the licensee in Singapore which complies with section 207 of
the Companies Act.
(4)
The Authority may, by notice in writing to an auditor, impose all or any of the following
duties on the auditor in addition to those provided under subsection (3), and the auditor must
carry out the duties so imposed:
(a)
a duty to submit such additional information in relation to the audit as the Authority
considers necessary;
(b)
a duty to enlarge or extend the scope of the audit of the business and affairs of the
licensee, as the case may be;
(c)
a duty to carry out any other examination, or establish any procedure, in relation to
the audit in any particular case;
(d)
a duty to submit a report on any of the matters mentioned in paragraphs (b) and (c).
(5)
The licensee must remunerate the auditor in respect of —
(a)
such remuneration the Authority has fixed under subsection (2); and
(b)
the discharge of all or any of the additional duties of the auditor imposed under
subsection (4).
(6)
Despite any other provision of this Act or the provisions of the Companies Act, the
Authority may at any time direct the licensee to —
(a)
remove the auditor of the licensee; and
(b)
appoint another auditor,
if the Authority is not satisfied with the performance of any duty by the auditor.
(7)
The auditor’s report made under subsection (3)(d) must be attached to the balance-sheet
and the profit and loss account, financial statements or consolidated financial statements of the
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licensee, and a copy of the report, together with any report submitted under subsection (4),
must be submitted in writing to the Authority.
(8)
If an auditor, in the course of performing the auditor’s duties, is satisfied that —
(a)
there has been a serious breach or non‑observance of the provisions of this Act or
any of the requirements imposed under other legislation administered by the
Authority;
(b)
a criminal offence involving fraud or dishonesty has been committed;
(c)
losses have been incurred that reduce the capital of the licensee by 50% or more;
(d)
any irregularity that has or may have a material effect upon the accounts of the
licensee, including irregularities that had caused a major disruption on the
provision of any type of payment services to the customers of the licensee; or
(e)
the auditor is unable to confirm that the claims of creditors of the licensee are still
covered by the assets of the licensee,
the auditor must immediately report the matter to the Authority.
(9)
Where an auditor or employee of the auditor discloses in good faith to the Authority —
(a)
the auditor’s or employee’s knowledge or suspicion of any of the matters
mentioned in subsection (8); or
(b)
any information or other matter on which that knowledge or suspicion is based,
the disclosure is not a breach of any restriction upon the disclosure imposed by any law,
contract or rules of professional conduct, and the auditor or employee is not liable for any loss
arising out of the disclosure or any act or omission in consequence of the disclosure.
(10)
Any licensee that contravenes subsection (1) shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence,
to a further fine not exceeding $10,000 for every day or part of a day during which the offence
continues after conviction.
(11)
Any auditor that contravenes subsection (4) or (8) shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing
offence, to a further fine not exceeding $10,000 for every day or part of a day during which the
offence continues after conviction.
(12)
In this section, “consolidated financial statements” and “financial statements” have the
same meanings as in section 209A of the Companies Act.
Powers of auditor appointed by Authority
39.—(1) An auditor appointed by the Authority under section 38(2) may, for the purpose
of carrying out an examination or audit —
(a)
examine, on oath or affirmation, any officer or employee of the licensee or any
other auditor of the licensee;
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