Section 33: Licensing of auditors
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
33. Licensing of auditors
(1) Subject to this section, no person shall hold any appointment, or offer
any services for remuneration, as an auditor, unless he holds a licence under
this Act.
(1A) Subsection (1) shall not apply to the auditor of a small private company under the Companies Act except where the company opts for its
accounts to be audited by a licensed auditor.
(1B) No foreign auditor shall be, or shall act as, the auditor of a company
holding a Category 1 Global Business Licence under the Financial Services
Act unless—
(a) he is authorised or licensed to be, or to act as, an auditor by the
regulatory body of the foreign jurisdiction;
(b) the authorisation or licence, together with a photocopy, is submitted to the Council; and
(c) he obtains the prior written approval of the Council.
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Revised Laws of Mauritius
(1C) Where a foreign auditor obtains an approval under subsection (1B),
he shall—
(a) be deemed to be an auditor licensed under this section; and
(b) be governed by this Act.
(2) Every person who wishes to obtain a licence shall make a written
application to the Council.
(3) An application made under subsection (2) shall be accompanied by
such fees and such information as the Council may require.
(4) Where, after consideration of an application, the Council is satisfied
that the applicant—
(a) holds a practising certificate issued by the Mauritius Institute of
Professional Accountants under section 55 (2);
(b) is a fit and proper person; and
(c) meets such requirements as may be specified in the rules of the
Council,
the Council shall issue a licence to the applicant authorising him to practise
as an auditor.
(5) The Council shall enter the name of the licensed auditor and such particulars as it considers relevant in the Register of Licensed Auditors.
(6) Any person who contravenes subsection (1) shall commit an offence
and shall, on conviction, be liable to a fine not exceeding 500,000 rupees
and to imprisonment for a term not exceeding 2 years.
[S. 33 amended by s. 12 (a) of Act 15 of 2006 w.e.f. 7 August 2006; s. 10 (h) of Act 18 of
2008 w.e.f. 19 July 2008; s. 16 (b) of Act 14 of 2009 w.e.f. 30 July 2009; s. 12 (c) of
Act 27 of 2012 w.e.f. 22 December 2012.]