Full legislation
s.15A
Notification in respect of auditors appointed under section 15
(1)
An
authorized insurer
must
immediately give written notice to the
Authority
if—
(Amended
12 of 2015 ss. 2 & 34
;
20 of 2023 s. 30
)
(a)
the insurer decides to remove or replace an auditor appointed under
section 15
;
(b)
a person appointed under
section 15
to be the auditor of the
insurer ceases to be such auditor otherwise than in consequence of a decision
referred to in paragraph (a); or
(c)
in relation to
an
HK
insurer—
(Amended
12 of 2015 s. 34
;
20 of 2023 s. 30
)
(i)
the insurer
either—
(A)
proposes to give special notice to its shareholders of a resolution
removing an auditor appointed under
section 395
,
396
,
397
or
398
of the Companies
Ordinance (
Cap. 622
) or deemed to be
reappointed under
section 403
of that Ordinance before the
expiry
of
the
auditor’s term of office; or
(B)
gives notice to its shareholders of a resolution replacing an
auditor so appointed or deemed to be reappointed at the
expiry
of the auditor’s term of office; and
(Amended
20 of 2023 s. 30
)
(ii)
the auditor so appointed or deemed to be reappointed has also been
appointed under
section 15
to be the auditor of the insurer.
(Amended
28 of 2012 ss. 912
& 920)
(2)
An auditor appointed under
section
15(1)
by
an
authorized insurer
must
immediately give written notice to the
Authority
if—
(Amended
26 of 1994 s. 3
;
12 of 2015 ss. 2 & 34
;
20 of 2023 s. 30
)
(a)
the
auditor resigns;
(b)
for an
auditor
who
has been so appointed for a fixed
term—the
auditor
decides not to seek reappointment; or
(c)
the
auditor decides to add a qualification or adverse statement to
the
auditor’s report annexed to the accounts and statements of the
insurer required to be submitted under
any
requirement prescribed by virtue of
section 17
.
(Amended
26 of 1994 s. 3
;
12 of 2015 s. 34
;
20 of 2023 s. 30
)
(3)
An
authorized insurer which fails to comply with subsection (1)
commits an offence and is liable to a fine at level 4, together with a further fine
of $1,000 for each day on which the offence continues.
(Amended
35 of 1996 s. 12
;
12 of 2015 s. 34
)
(4)
Where a person is charged with an offence under subsection (3), it shall be a
defence if the person charged proves that he took all reasonable precautions and
exercised all due diligence to avoid the commission of the offence.