Singapore legislation

Section 82

of Moneylenders Act 2008

Section 82

Audit of designated credit bureau’s accounts

Amended by7/20187/20187/20187/20187/20187/20187/20187/20187/20187/20187/20187/2018

(1)

Despite the provisions of the Companies Act 1967, the designated credit bureau must —

(a)

on an annual basis, appoint an auditor who is a public accountant under the Accountants Act 2004; and

(b)

if for any reason its auditor ceases to be its auditor, appoint another auditor who is a public accountant under the Accountants Act 2004 as soon as practicable after the cessation.

Amended by7/2018

(2)

The designated credit bureau must notify the Registrar in writing of an appointment under subsection (1) as soon as practicable after the appointment.

Amended by7/2018

(3)

The Registrar may appoint an auditor —

(a)

if the designated credit bureau fails to appoint an auditor; or

(b)

if the Registrar considers it desirable that another auditor should act with the auditor appointed under subsection (1),and may at any time fix the remuneration to be paid by the designated credit bureau to the auditor the Registrar appoints.

Amended by7/2018

(4)

The duties of an auditor appointed under subsection (1) or (3) are —

(a)

to carry out, for the year in respect of which the auditor is appointed, an audit of the designated credit bureau’s accounts; and

(b)

to make a report on the designated credit bureau’s financial statements or consolidated financial statements in accordance with section 207 of the Companies Act 1967.

Amended by7/2018

(5)

The Registrar may, by written notice to an auditor appointed under subsection (1) or (3), impose all or any of the following duties on the auditor in addition to those provided under subsection (4), and the auditor must carry out the duties so imposed:

(a)

a duty to submit any additional information in relation to the audit that the Registrar considers necessary;

(b)

a duty to enlarge or extend the scope of the audit of the designated credit bureau’s business and affairs under this Part;

(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 make a report on any of the matters mentioned in paragraphs (b) and (c).

Amended by7/2018

(6)

The designated credit bureau must remunerate the auditor in respect of —

(a)

the remuneration the Registrar has fixed under subsection (3); and

(b)

the discharge of all or any of the additional duties of the auditor imposed under subsection (5).

Amended by7/2018

(7)

Despite any provision of this Part or the provisions of the Companies Act 1967, the Registrar may, if the Registrar is not satisfied with the performance of any duty by the auditor of the designated credit bureau, at any time direct the designated credit bureau —

(a)

to remove the auditor; and

(b)

to appoint another auditor who is a public accountant under the Accountants Act 2004.

Amended by7/2018

(8)

The designated credit bureau must submit, or cause to be submitted, the following documents to the Registrar within the time specified by the Registrar by written notice:

(a)

a copy of the auditor’s report made under subsection (4)(b), attached to the designated credit bureau’s financial statements or consolidated financial statements;

(b)

a copy of any report made under subsection (5)(d).

Amended by7/2018

(9)

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 Part;

(b)

a criminal offence involving fraud or dishonesty has been committed;

(c)

losses have been incurred that reduce the capital of the designated credit bureau by 50% or more;

(d)

serious irregularities have occurred, including irregularities that compromise the confidentiality, security or integrity of any data received, used or disclosed by the designated credit bureau; or

(e)

the auditor is unable to confirm that the claims of creditors of the designated credit bureau are covered by the assets of the designated credit bureau,the auditor must immediately report the matter to the Registrar.

Amended by7/2018

(10)

Where an auditor or employee of the auditor discloses in good faith to the Registrar —

(a)

the auditor’s or employee’s knowledge or suspicion of any of the matters mentioned in subsection (9); 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.

Amended by7/2018

(11)

If the designated credit bureau contravenes subsection (1) or (8), the designated credit bureau shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000.

Amended by7/2018

(12)

Any auditor who contravenes subsection (5) or (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000.[30ZD

Amended by7/2018
Section 82 — Moneylenders Act 2008 | laws.sg