103. Co-operation with auditors

Past version: effective from 05/07/2012 - 20/08/2014
To view other versions open the versions tab on the right

(1) An Authorised Firm, Authorised Market Institution or a Public Listed Company, and any director, officer or employee of an Authorised Firm, Authorised Market Institution or a Public Listed Company, shall not knowingly or recklessly make to the auditor of an Authorised Firm, Authorised Market Institution or a Public Listed Company a statement (whether written or oral) which:
(a) conveys or purports to convey any information or explanation which the auditor requires, or is entitled to require, as auditor of the Authorised Firm, Authorised Market Institution or a Public Listed Company; and
(b) is either or both:
(i) false, misleading or deceptive in a material particular; or
(ii) is such that it omits information where the omission of such information is likely to mislead or deceive the auditor.
(2) An Authorised Firm, Authorised Market Institution or a Public Listed Company, or any director, officer or employee of an Authorised Firm, Authorised Market Institution or a Public Listed Company, or any person acting under the direction or authority of such an Authorised Firm, Authorised Market Institutionor a Public Listed Company, or director, officer or employee, shall not without reasonable excuse engage in conduct, including without limitation the:
(a) destruction or concealment of documents;
(b) coercion, manipulation, misleading, or influencing of the auditor;
(c) failure to provide access to information or documents specified by the auditor; or
(d) failure to give any information or explanation which the person is able to give;
where the Authorised Firm, Authorised Market Institution or a Public Listed Company, director, officer, employee or other person knows or ought to know that such conduct could, if successful:
(e) obstruct the auditor in the performance of his duties under this Chapter; or
(f) result in the rendering of the accounts of the Authorised Firm, Authorised Market Institution or a Public Listed Company, or the auditor's report materially misleading.