Accountants Act · 2023 Revised Edition · Part · General
64. Restrictions on employing disqualified persons
Official textFrom Attorney General's Chambers, unchanged
No public accountant shall in connection with his practice as such, and no accounting corporation, accounting firm or accounting Limited
public accountant
“public accountant” means a person who is registered in accordance with this Act as a public accountant;
Liability Partnership shall in connection with its business of providing public accountancy services, without the consent of the Authority, employ, engage or remunerate any person who to his or its knowledge —
public accountancy services
“public accountancy services” means the audit and reporting on financial statements and the doing of such other acts that are required by any written law to be done by a public accountant;
is an undischarged bankrupt;
has had his registration as a public accountant suspended or cancelled under Part 6 or 7;
has been convicted of an offence by a court of law and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $5,000; or
has not been approved by the Authority.
On application made by any person, the Authority may make an order directing that, as from the date to be specified in the order, no public accountant shall in connection with his practice as such, or no accounting corporation, accounting firm or accounting Limited Liability Partnership shall in connection with its provision of public accountancy services, as the case may be, employ or remunerate any person the subject of the application who —
Authority
“Authority” means such person as is appointed by His Majesty the Sultan and Yang Di-Pertuan under section 3(1) to be the Authority for the purposes of this Act;
has been a party to any act or default of a public accountant in respect of which a complaint has been or might properly have been made against that public accountant under the provisions of this Act; or
Accountants
has so conducted himself while employed by a public accountant that, had he himself been a public accountant, his conduct might have formed the subject of a complaint under the provisions of this Act against him.
Every application under subsection (2) shall be served upon the person in respect of whom it is made and upon his employer or previous employer, if his employer or previous employer is a public accountant, an accounting corporation, an accounting firm or an accounting Limited
accounting corporation
“accounting corporation” means a company approved as an accounting corporation under section 20;
Liability Partnership, not less than 10 days before the application is to be heard.
Every order made under subsection (2) shall be filed in a file kept for this purpose by the Registrar and such file may be inspected by any public accountant, accounting corporation, accounting firm or accounting
Registrar
“Registrar” means the Registrar of Public Accountants appointed by His Majesty the Sultan and Yang Di-Pertuan under section 10(1)(a) and includes a Deputy Registrar and an Assistant Registrar appointed under section 10(1)(b);
Limited Liability Partnership without fee.
Disciplinary proceedings may be taken against any public accountant, accounting corporation, accounting firm or accounting Limited
accounting firm
“accounting firm” means a firm approved as an accounting firm under section 21;
Liability Partnership who or which contravenes subsection (1) or fails to comply with an order made under subsection (2).
Terms defined in s 2
accounting corporation
Defined · s 2“accounting corporation” means a company approved as an accounting corporation under section 20;
accounting firm
Defined · s 2“accounting firm” means a firm approved as an accounting firm under section 21;
accounting limited liability partnership
Defined · s 2“accounting limited liability partnership” means a limited liability partnership approved as an accounting limited liability partnership under section 22;
Authority
Defined · s 2“Authority” means such person as is appointed by His Majesty the Sultan and Yang Di-Pertuan under section 3(1) to be the Authority for the purposes of this Act;
public accountancy services
Defined · s 2“public accountancy services” means the audit and reporting on financial statements and the doing of such other acts that are required by any written law to be done by a public accountant;
public accountant
Defined · s 2“public accountant” means a person who is registered in accordance with this Act as a public accountant;
Registrar
Defined · s 2“Registrar” means the Registrar of Public Accountants appointed by His Majesty the Sultan and Yang Di-Pertuan under section 10(1)(a) and includes a Deputy Registrar and an Assistant Registrar appointed under section 10(1)(b);