Cap. 41activeordinance

Insurance Ordinance

保險業條例

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.