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Contents

Part VII · Examination of A Licencee

42. Examination of licencees

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The Director-General or any officer of the

Authority authorized by him, or any other person authorized by the Director-General with the approval of the Authority, may at any time examine the books of accounts and records of any licencee, and for that purpose may do one or more of the following: -

(a)

require any licencee or a director, secretary, manager, employee, auditor, agent, contractor, partner or a office bearer of a licencee to furnish him all such information as he may consider necessary, within such period in a manner or form as may be specified by the Director-General, and to produce for inspection books, records, files, registers and such other documents, maintained in print or electronic form, of such licencee and to provide authenticated copies in any form as required of such books, records, files, registers and such other documents;

(b)

enter any premises or storage area or any property of such licencee, or any director, secretary, manager, employee, auditor, agent, contractor, partner, office bearer of such licencee, or any other place not specified above, and notwithstanding anything to the contrary in any other law, examine books, records, files, registers, and such other documents, maintained in print or electronic form, of such licencee and may obtain copies, authenticated or otherwise, in any form of such books, records, files, registers and such other documents;

(c)

require any licencee or a director, manager, employee, agent, contractor, partner, office bearer or secretary of any licencee to submit the accounts of such licencee, furnish such information and produce such books, records, files, registers, and such other documents, maintained in print or electronic form, for audit by an auditor authorized by the Director-General;

(d)

call for information by written notice, question and record statements of or, if necessary, direct any director, shareholder, secretary, manager, employee, agent, auditor, partner, office bearer or contractor of any licencee or of any other person who may be acquainted with or is aware of or is in possession of, information regarding the business or corporate affairs of such licencee, to submit information or if necessary, administer oath or affirmation in accordance with the Oaths and Affirmation Ordinance (Chapter 17);

(e)

require any related party of a licencee to furnish information as the Director-General may consider necessary and to produce for inspection books, records, files, registers and such other documents maintained in print or electronic form, of such related party and to provide authenticated copies in any form as required of such books, records, files, registers and such other documents;

For the purposes of this paragraph “related party” means –

(i)

in the case of a company, any subsidiary or associate company of any licencee, or any subsidiary or associate company of the holding company of any licencee, or any director, key management personnel, secretary or their close relations;

(ii)

in the case of a partnership, a partner or close relations of such partner;

(iii)

in the case of a society, an office bearer, or close relations of such officer bearer; or

(iv)

any other licencee or individual that in the view of the Director-General has a substantial financial interest or significant management interest in any licencee; or

(f)

take any other action which he may deem necessary to ascertain the true condition of the affairs of such licencee during such examination.

(2)

The Authority may, if consider necessary, direct the

Director-General to cause an examination on any licencee for the purpose of ascertaining the true condition of the affairs of such licencee.

(3)

The Director-General shall upon conclusion of each examination conducted in terms of subsections (1) and (2), submit a report to the Authority on such examination.

(4)

If the Director-General, through documents and information received under subsection (1) of section 41, or in any other manner whatsoever, ascertains that a licencee has failed to comply with any direction, directive, rule,

Order or determination issued under this Act, he shall report such fact to the Authority.

(5)

Upon receipt of a report under subsection (3) or (4), the Authority may take any one or more of the regulatory actions specified in section 39.

Part VIII

Customer Protection

Part IX

Investigation of Offences

Part X

Offences and Penalties

Part XI

Finance

Part XII

General

Part XIII

Transitional Provisions

Schedules