Securities and Exchange Commission of Sri Lanka Act 2021 · As enacted · Part III · Issue of Securities
90. Duties of an auditor of a listed public company
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 listed public company in the ordinary course of the performance of his duties, becomes aware of-
any contravention or non compliance with any requirement or provision of this Act, any regulation, rule or directive made thereunder or a breach of any rule of an exchange or any offence involving fraud or dishonesty; or
any matter which may in his opinion adversely affects or is likely to adversely affect the financial position of the listed public company to a material extent; or
any irregularity that has or may have a material effect upon the accounts of a listed public company including any irregularity that affects or jeopardizes or may affect or jeopardize the funds or property of any investor in securities, the auditor shall immediately report such matters referred to in paragraphs (a), (b) or (c) to the audit committee in writing for rectification and if no remedial measure is taken within two weeks thereof, refer such matters to the board of directors in writing to rectify such matters or deter the commission of a breach where it has not yet occurred.
If no action is taken under subsection (1) by the board of directors to rectify such matters referred to in paragraphs (a), (b) or (c) within two weeks, the auditor shall submit a written report on the matters immediately thereupon–
in the case of a contravention or non compliance with any requirement or provision of this Act, any regulation, rule or directive issued thereunder or an offence involving fraud or dishonesty, to the
Commission; or
in the case of a breach of or non compliance with any rules of an exchange, to the relevant exchange and the Commission.
No auditor shall be liable to be sued in any court for any report submitted by the auditor in good faith and in the performance of any duty imposed on the auditor under this section.
The Commission may at any time during or after an audit, require an auditor of a listed public company to–
submit such additional information in relation to his audit as the Commission may specify;
enlarge or extend the scope of his audit of the business and affairs of the listed public company in such manner or to such extent as the Commission may specify;
carry out any specific examination or establish any procedure in any particular case; or
submit a report including an interim report on any matter referred to in paragraphs (a) to (c), and the Commission may specify the time within which such requirements shall be complied with by the auditor.
The auditor shall comply with any requirement of the
Commission under subsection (4) and the listed public company shall remunerate the auditor at the rates specified by the Commission in respect of the discharge by him of all additional duties under this section.
The listed public company shall provide such information and access to such information as the auditor shall require in respect of the discharge by him of all of the additional duties under this section.
Part IV
Trade In Unlisted Securities
Part V
Market Misconduct
Part VI
Finance
Part VII