Accountants Act · s 57

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57.
Cancellation of registration, suspension etc. of public accountants
(1) If, at the conclusion of a formal inquiry, the Disciplinary
Committee is satisfied that a public accountant —
(a) has been convicted in Brunei Darussalam or elsewhere of any offence involving fraud, dishonesty or moral turpitude;

Accountants 54
(b) has been convicted in Brunei Darussalam or elsewhere of any offence implying a defect in character which makes him unfit for his profession;
(c) has been guilty of such improper or dishonourable conduct in the discharge of his professional duty or such improper or dishonourable conduct which, in the opinion of the Disciplinary
Committee, renders him unfit to be a public accountant or would bring the profession of public accountancy into disrepute;
(d) has carried on by himself or by any of his employees any trade, business or calling that detracts from the profession of public accountancy or is in any way incompatible with it, or is employed in any such trade, business or calling;
(e) has, while being a director of an accounting corporation or a partner of an accounting Limited Liability Partnership, failed to take reasonable steps to prevent the accounting corporation or accounting
Limited Liability Partnership from acting in a manner which would warrant the Authority imposing any order on the accounting corporation or accounting Limited Liability Partnership under section 58(2);
(f) has rendered public accountancy services as, or purporting to be —
(i) a director of a company which was not an accounting corporation; or
(ii) a partner of a limited liability partnership which was not an accounting Limited Liability Partnership, when the services were rendered;
(g) has, while being a director of an accounting corporation or partner of an accounting Limited Liability Partnership, practised public accountancy at such a time when the accounting corporation or accounting Limited Liability Partnership was not covered by any professional indemnity insurance to the extent required by section 33;
or
(h) has, while being a director of an accounting corporation, failed to comply with section 34(4),

Accountants the Disciplinary Committee shall report its findings to the Authority and recommend to the Oversight Committee to take any of the steps referred to in subsections (2)(a) to (f).
(2) Upon receiving the report and recommendation of the
Disciplinary Committee under subsection (1), the Authority may —
(a) by order, cancel the registration of the public accountant;
(b) by order, suspend the public accountant from practice for such period not exceeding 2 years as may be specified in the order;
(c) by order, impose such conditions as are necessary to restrict the practice of the public accountant in such manner as the Authority thinks fit for a period not exceeding 2 years;
(d) by order, impose on the public accountant a penalty not exceeding $10,000;
(e) in writing censure the public accountant;
(f) by order, require the public accountant to give such undertaking as the Authority thinks fit; or
(g) make such other order as it thinks just and expedient in the circumstances of the case.
(3) In addition to its powers under subsection (2), the Authority may order the public accountant to pay to the Authority such sum as he thinks fit in respect of the costs and expenses of and incidental to any proceedings against him under this Part, and the High Court shall have jurisdiction to tax such costs and any such order for costs shall be enforceable as if it had been ordered in connection with a civil action in the High Court.
(4) Where a public accountant in respect of whom an order referred to in subsection (2)(c), (d) or (f) has been made fails to comply with any of the requirements imposed on him by the order or breaches any undertaking given by him pursuant to such order, the Authority may order —
(a) that his name be removed from the Register of Public
Accountants; or

Accountants 56
(b) that he be suspended from practice for a period not exceeding one year.
(5) Where the Authority has made an order referred to in subsection (2)(c), the Authority may, if it thinks fit having regard to any change in circumstances, by another order revoke the original order or revoke or vary any of the conditions imposed by the original order.
(6) Where the Authority has, under subsection (5), varied the conditions imposed by an order referred to in subsection (2)(c), the Registrar shall immediately serve on the public accountant a notice of the variation.
(7) Any penalty referred to in subsection (2)(d) shall be recoverable as a debt due to the Authority from the public accountant.
(8) A decision of the Authority under subsection (2), (3), (4) or (5)
shall not take effect —
(a) until the expiration of one month from the date on which the decision has been communicated to the public accountant; or
(b) where an appeal against the decision is made to the Minister under section 59, until the appeal has been determined or withdrawn.
(9) While any public accountant remains suspended, he is deemed not to be registered as a public accountant under this Act, but immediately upon the expiry of his period of suspension, his rights and privileges as a public accountant shall immediately be revived.
(10) For the purposes of subsection (1)(e), a public accountant is deemed to have taken reasonable steps to prevent the doing of any act by any accounting corporation or accounting Limited Liability Partnership if he satisfies the Disciplinary Committee that the act was done without his knowledge and that —
(a) he was not in a position to influence the conduct of the accounting corporation or accounting Limited Liability Partnership in relation to that act; or
(b) being a director of the accounting corporation or a partner of the accounting Limited Liability Partnership, he exercised all due diligence to prevent the accounting corporation or accounting Limited
Liability Partnership from so acting.

Accountants
(11) In this section, references to acts done by an accounting corporation or an accounting Limited Liability Partnership include a series of acts.

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s 57Cancellation of registration, suspension etc. of public accountants

(1)

If, at the conclusion of a formal inquiry, the Disciplinary

Committee is satisfied that a public accountant —

(a)

has been convicted in Brunei Darussalam or elsewhere of any offence involving fraud, dishonesty or moral turpitude;

Accountants 54

(b)

has been convicted in Brunei Darussalam or elsewhere of any offence implying a defect in character which makes him unfit for his profession;

(c)

has been guilty of such improper or dishonourable conduct in the discharge of his professional duty or such improper or dishonourable conduct which, in the opinion of the Disciplinary

Committee, renders him unfit to be a public accountant or would bring the profession of public accountancy into disrepute;

(d)

has carried on by himself or by any of his employees any trade, business or calling that detracts from the profession of public accountancy or is in any way incompatible with it, or is employed in any such trade, business or calling;

(e)

has, while being a director of an accounting corporation or a partner of an accounting Limited Liability Partnership, failed to take reasonable steps to prevent the accounting corporation or accounting

Limited Liability Partnership from acting in a manner which would warrant the Authority imposing any order on the accounting corporation or accounting Limited Liability Partnership under section 58(2);

(f)

has rendered public accountancy services as, or purporting to be —

(i)

a director of a company which was not an accounting corporation; or

(ii)

a partner of a limited liability partnership which was not an accounting Limited Liability Partnership, when the services were rendered;

(g)

has, while being a director of an accounting corporation or partner of an accounting Limited Liability Partnership, practised public accountancy at such a time when the accounting corporation or accounting Limited Liability Partnership was not covered by any professional indemnity insurance to the extent required by section 33;

(h)

has, while being a director of an accounting corporation, failed to comply with section 34(4),

Accountants the Disciplinary Committee shall report its findings to the Authority and recommend to the Oversight Committee to take any of the steps referred to in subsections (2)(a) to (f).

(2)

Upon receiving the report and recommendation of the

Disciplinary Committee under subsection (1), the Authority may —

(a)

by order, cancel the registration of the public accountant;

(b)

by order, suspend the public accountant from practice for such period not exceeding 2 years as may be specified in the order;

(c)

by order, impose such conditions as are necessary to restrict the practice of the public accountant in such manner as the Authority thinks fit for a period not exceeding 2 years;

(d)

by order, impose on the public accountant a penalty not exceeding $10,000;

(e)

in writing censure the public accountant;

(f)

by order, require the public accountant to give such undertaking as the Authority thinks fit; or

(g)

make such other order as it thinks just and expedient in the circumstances of the case.

(3)

In addition to its powers under subsection (2), the Authority may order the public accountant to pay to the Authority such sum as he thinks fit in respect of the costs and expenses of and incidental to any proceedings against him under this Part, and the High Court shall have jurisdiction to tax such costs and any such order for costs shall be enforceable as if it had been ordered in connection with a civil action in the High Court.

(4)

Where a public accountant in respect of whom an order referred to in subsection (2)(c), (d) or (f) has been made fails to comply with any of the requirements imposed on him by the order or breaches any undertaking given by him pursuant to such order, the Authority may order —

(a)

that his name be removed from the Register of Public

Accountants; or

Accountants 56

(b)

that he be suspended from practice for a period not exceeding one year.

(5)

Where the Authority has made an order referred to in subsection (2)(c), the Authority may, if it thinks fit having regard to any change in circumstances, by another order revoke the original order or revoke or vary any of the conditions imposed by the original order.

(6)

Where the Authority has, under subsection (5), varied the conditions imposed by an order referred to in subsection (2)(c), the Registrar shall immediately serve on the public accountant a notice of the variation.

(7)

Any penalty referred to in subsection (2)(d) shall be recoverable as a debt due to the Authority from the public accountant.

(8)

A decision of the Authority under subsection (2), (3), (4) or (5)

shall not take effect —

(a)

until the expiration of one month from the date on which the decision has been communicated to the public accountant; or

(b)

where an appeal against the decision is made to the Minister under section 59, until the appeal has been determined or withdrawn.

(9)

While any public accountant remains suspended, he is deemed not to be registered as a public accountant under this Act, but immediately upon the expiry of his period of suspension, his rights and privileges as a public accountant shall immediately be revived.

(10)

For the purposes of subsection (1)(e), a public accountant is deemed to have taken reasonable steps to prevent the doing of any act by any accounting corporation or accounting Limited Liability Partnership if he satisfies the Disciplinary Committee that the act was done without his knowledge and that —

(a)

he was not in a position to influence the conduct of the accounting corporation or accounting Limited Liability Partnership in relation to that act; or

(b)

being a director of the accounting corporation or a partner of the accounting Limited Liability Partnership, he exercised all due diligence to prevent the accounting corporation or accounting Limited

Liability Partnership from so acting.

Accountants

(11)

In this section, references to acts done by an accounting corporation or an accounting Limited Liability Partnership include a series of acts.