Securities and Exchange Commission of Sri Lanka Act 2021 · As enacted · Part II · Markets and Market Institutions
74. Duties of an auditor of a market institution
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
If an auditor of a market institution, in the ordinary course of performing his duties, becomes aware of-
any matter which, in his opinion, adversely affects or may adversely affect the financial position of the market institution, to a material extent;
any matter which, in his opinion, constitutes or may constitute a breach of any provision of this Act, regulations, rules or directives made thereunder or an offence involving fraud or dishonesty affecting the financial stability of the market institution to a material extent; or
any irregularity that has or may have a material effect on the accounts of the market institution, including any irregularity that adversely affects or may adversely affect, the funds or property of investors in securities, the auditor shall immediately send to the board of directors a written report of the matter or the irregularity with a copy to the Commission.
An auditor of a market institution shall not be liable to any suit by any person in respect of any statement made in his report under subsection (1) provided the auditor has acted in good faith.
The Commission may impose all or any of the following duties on an auditor of a market institution: –
a duty to submit such additional information and reports in relation to his audit as the Commission considers necessary;
a duty to enlarge, extend or alter the scope of his audit of the business and affairs of the market institution;
a duty to carry out any other examination or establish any procedure in any particular case; or
a duty to submit a report on any matter arising out of his audit, examination or establishment of procedure referred to in paragraph (b) or (c), and the auditor shall carry out such duties, as an extension to his ordinary audit scope for issuing an independent opinion on the financial statements.
The market institution shall remunerate the auditor in terms of the schedule of fees published by the Commission in respect of the discharge by him of all or any of the duties referred to in subsection (3) and in circumstances where further investigation is necessary, remuneration to auditors shall be paid out of the Fund of the Commission.
Part III
Issue of Securities
Part IV
Trade In Unlisted Securities
Part V
Market Misconduct
Part VI
Finance
Part VII