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In forceAmended2020 Revised Edition

Part 7 · Miscellaneous

59B. Providing information to foreign audit regulators

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Amended

Last amended by an amending law of 2025.

(1)

The Authority may, with the approval of the Minister, enter into an arrangement with a foreign audit regulator under which —

(a)

one party (A) to the arrangement agrees to provide to the other party (B) in accordance with the arrangement, regulatory information in A’s possession if the information is required by B for the purposes of B’s performance of any of B’s audit oversight functions; and

(b)

B may, with A’s consent —

(i)

use any regulatory information which B receives from A for the purposes of B’s performance of any of B’s regulatory functions other than B’s audit oversight functions; or

(ii)

provide any regulatory information which B receives from A to another regulatory authority (C) in the same country or territory as B for the purposes of C’s performance of any of C’s regulatory functions.

(2)

Every request by a foreign audit regulator (D) for regulatory information from the Authority in accordance with an arrangement under subsection (1) —

(a)

must be made to the Registrar;

(b)

must specify —

(i)

the regulatory information requested by D; and

(ii)

the purpose and reasons for which the regulatory information is required by D; and

(c)

must provide any information or document that the Registrar may require.

(3)

The Registrar may grant a request from D made under subsection (2), subject to any conditions that the Registrar may impose, if the Registrar is satisfied that —

(a)

D has complied with the applicable terms of the arrangement mentioned in subsection (1) for the making of the request;

(b)

D is able to comply with the terms of the arrangement that are applicable to the request; and

(c)

if in granting the request, the Registrar has imposed one or more conditions, D is able to comply with that condition or those conditions.

(4)

The Registrar may refuse to provide any regulatory information to D for any reason, including if the Registrar is satisfied that D has failed to comply with —

(a)

any terms of the arrangement; or

(b)

any condition imposed under subsection (3),and does not take steps to rectify the non-compliance.

(5)

In this section —

“audit oversight function” means —

(a)

in the case of the Authority — a function of the Authority specified in section 3; and

(b)

in the case of a foreign audit regulator — a function corresponding to a function of the Authority specified in section 3;

“foreign audit regulator” means any authority or regulator of a country or territory other than Singapore that exercises any or all of the functions corresponding to the Authority’s functions specified in section 3;

“regulatory information” means —

(a)

in the case of the Authority — any information in relation to the Authority’s audit oversight function, and includes any information relating to a public accountant or an accounting entity obtained by the Authority under this Act; and

(b)

in the case of a foreign audit regulator — any information in relation to the foreign audit regulator’s audit oversight function, and includes any information relating to a person regulated by the foreign audit regulator under that function and obtained by the foreign audit regulator in respect of that function.

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Part 8

Saving and Transitional Provisions

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