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Section 55B: Inspections

Financial Reporting Act

This section is inserted by The Anti-money Laundering, Combatting the Financing of Terrorism and Countering Proliferation Financing (Miscellaneous Provisions) Act, section 11.

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.

55B. Inspections (1) The Mauritius Institute of Professional Accountants may, at any time, cause to be carried out, into the business activities of a professional accountant, a public accountant, a member firm or any other person falling under its regulatory purview, an on-site inspection and examine his books, records and any other document or material, for the purpose of verifying whether – (a) he is complying with this Act and any regulations, rules or guidelines made under this Act; or (b) he is undertaking transactions or activities listed under Part II of the First Schedule to the Financial Intelligence and Anti-Money Laundering Act. (2) For the purpose of subsection (1), the Mauritius Institute of Professional Accountants may – (a) direct, orally or in writing, the production, within such period as may be specified, the document and material; (b) examine, make copies of, or take extracts from, any document or material which is relevant for the purpose of the inspection; (c) retain, for such period as it considers necessary, any document or material obtained during the inspection; and (d) direct any relevant person to provide such information or explanation as it considers necessary for the purpose of the inspection. (3) A professional accountant, a public accountant, a member firm or any other person falling under the regulatory purview of the Mauritius Institute of Professional Accountants, including his employee, officer or agent, shall grant the Mauritius Institute of Professional Accountants full and free access to its premises, records, documents and information as may be required for the purpose of the inspection. (4) Any person who – (a) intentionally obstructs the Mauritius Institute of Professional Accountants in the exercise of its powers or discharge of its functions under this section; or (b) fails, without reasonable excuse, to comply with any direction issued under this section, shall commit an offence and shall, on conviction, be liable to a fine not exceeding one million rupees and to imprisonment for a term not exceeding 5 years. (5) Any person who destroys, falsifies, conceals or disposes of, or causes or permits the destruction, falsification, concealment or disposal of, any document, information stored on a computer or other device, or other thing which that person knows or ought reasonably to have known is relevant to an on-site inspection or investigation under this section, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5 million rupees and to imprisonment for a term not exceeding 10 years.

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