40. Obligation of disclosure to the DFSA
Past version: effective from 18/04/2006 - 31/07/2006
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(1) An auditor is subject to the obligations of disclosure under Article 40(3).
(2) Without limiting the application of any other provision of this Law, an auditor does not contravene any duty to which the auditor is subject merely because the auditor gives to the DFSA:
(a) a notification as required under this Article; or
(b) any other information or opinion in relation to any such matter;
if the auditor is acting in good faith and reasonably believes that the notification, information or opinion is relevant to any functions of the DFSA.
(3) Subject to Article 40(4), an auditor shall disclose to the DFSA any matter which reasonably tends to show one of the following:
(a) a breach, or likely breach of a provision of this Law or the Rules;
(b) a failure, or likely failure, to comply with any obligation to which a person is subject under such legislation; or
(c) any other matter as the DFSA may prescribe in Rules;
which may be attributable to the conduct of the relevant Domestic Fund, the Operator or other member of the Governing Body including the Domestic Fund's or the Operator's directors, officers, employees or agents.
(4) Article 40(3) shall not apply to the extent that compliance with such requirement would disclose a Privileged Communication.
(5) The Operator of a Domestic Fund shall establish and implement appropriate systems and internal procedures to enable it and its auditor to comply with Article 40(3).
(6) Any provision in an agreement between a Domestic Fund and a director, officer, employee, agent or auditor is void in so far as it purports to hinder any person from causing or assisting the auditor to comply with an obligation under Article 40(3).
(7) No person shall be subjected to detriment or loss or damage merely by reason of undertaking any act to cause or assist an auditor to comply with an obligation under Article 40(3).
(8) A Court may, on application of an aggrieved person, make any order for relief where the person has been subjected to any such detriment or loss or damage referred to in Article 40(7).