Versions

 

22.

Article 39 is replaced as follows:

"Co-operation with auditors

(1) A Domestic Fund, any member of its Governing Body, any person providing oversight, any officer, employee or agent of the Domestic Fund, its Operator or where appointed its Trustee, shall not knowingly or recklessly make to the auditor 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 Domestic Fund; and
(b) is either:
(i) false, misleading or deceptive in a material particular; or
(ii) such that it omits information where the omission of such information is likely to mislead or deceive the auditor.
(2) A Domestic Fund, any member of its Governing Body, any person providing oversight, any officer or employee of the Domestic Fund, its Operator or where appointed its Trustee, or any person acting under the direction or authority of such persons, 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 Domestic Fund, Operator, Trustee, member of the Governing Body, 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 Part; or
(f) result in the rendering of the accounts of the Domestic Fund or the auditor's report being materially misleading."