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Pension Funds Act, 1956 (Act No. 24 of 1956)

Chapter III : Manner of Administration and Powers of Registered Funds

9. Appointment of auditor

 

(1) Every registered fund shall in the manner set out in its rules appoint an auditor registered under the Auditing Profession Act, 2005 (Act No. 26 of 2005), who shall not be an officer of the fund, except where the accounts of such a fund in terms of the provisions of any law are to be audited by the Auditor-General.

 

(2) Every registered fund shall within 30 days—
(a) the date of registration appoint an auditor; and
(b) from the date of the appointment apply to the registrar for approval of such appointment.

 

(3) Section 8(4) and (5) applies with the necessary changes to the appointment of an auditor under this section.

[Section 9(3) amended by section 13 of Act No. 45 of 2013]

 

(4) An auditor of a fund must—
(a) within 21 days of his or her appointment being terminated, other than in accordance with section 8 submit a written report to the registrar detailing the auditor's perceived reasons for the termination;
(b) if the auditor, but for the termination referred to in paragraph (a), would have had reason to submit a report contemplated in section 45(3) of the Auditing Profession Act 2005, (Act No. 26 of 2005), submit such a report to the registrar; and
(c) on becoming aware of any matter relating to the affairs of the pension fund, which, in the opinion of the auditor, may prejudice the fund or its members, inform the registrar thereof in writing.

 

(5) Where the auditor of a pension fund is a partnership, the appointment of such auditor shall not lapse by reason of a change in the composition of the partnership, as long as not less than half of the partners in the reconstituted partnership are persons who were partners as at the date when the appointment of the partnership was last approved by the registrar.

 

 


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