Singapore legislation

Section 40

of Moneylenders Act 2008

Section 40

Powers of auditor appointed by Registrar

Amended by7/20187/20187/2018

(1)

An auditor appointed by the Registrar under section 39(3) 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 appointed under section 39 or under the Companies Act 1967;

(b)

require any officer or employee of the licensee, or any other auditor of the licensee appointed under section 39 or under the Companies Act 1967, to produce any book held by or on behalf of the licensee relating to the licensee’s business of moneylending;

(c)

make copies of or take extracts from, or retain possession of, any book mentioned in paragraph (b) for such period as may be necessary to enable it to be inspected;

(d)

employ such persons as the auditor considers necessary to assist the auditor in carrying out the examination or audit; and

(e)

authorise in writing any person employed by the auditor to do, in relation to the examination or audit, any act or thing that the auditor could do as an auditor under this subsection, other than the examination of a person on oath or affirmation.

Amended by7/2018

(2)

Any individual who, without reasonable excuse —

(a)

fails to answer any question put to that individual; or

(b)

fails to comply with any request made to that individual,by an auditor appointed under section 39(3) or a person authorised under subsection (1)(e) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.

Amended by7/2018

(3)

In this section, “officer”, in relation to a licensee, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the licensee and includes any person purporting to act in any such capacity.[24B

Amended by7/2018
Section 40 — Moneylenders Act 2008 | laws.sg