Categories: Complaints & Sanctions, DecisionsPublished On: 06/04/2022

Ho Toh Chee (3826):-

1. as the statutory auditor of Kwan Chee Hang Sdn. Bhd. (‘Company’) had been punished and imposed a fine of RM2000-00 and costs of RM5000-00 by the Disciplinary Committee of the Institute on 6/4/2022 for having failed to perform his statutory duties as an auditor in respect of reporting to Suruhanjaya Syarikat Malaysia of any breach or non-observance of the applicable provisions of the Companies Act 1965 for the financial year ended 30/9/2013. The above breach or non-observance was evidenced by the erroneous disclosure of the opening and current year movements in Directors’ Interest in Shares and the incorrect entries made on similar disclosure items included in the Annual Returns made up to 31/3/2013 and 31/3/2014 respectively and lodged to SSM by the Company, despite him being privy to all the relevant information and records/documents needed to detect such erroneous disclosures and/or entries leading to the inconsistency as observed.

2. as the statutory auditor of Kwan Chee Hang Sdn. Bhd. (‘Company’) had been punished and imposed a fine of RM5000-00 by the Disciplinary Committee of the Institute on 6/4/2022 for he had on the financial years ended 30/9/2008, 30/9/2009, 30/10/2010 and 30/9/2011 failed to perform his statutory duties as an auditor in respect of reporting to Suruhanjaya Syarikat Malaysia of any breach or non-observance of the applicable provisions of the Companies Act 1965 (‘Act’). The above breach or non-observance was evidenced by the non-compliance with approved accounting standard due to the inappropriate accounting treatment adopted for its Investment in Associated Companies by the Directors of the Company for the said financial years, resulting in a breach of Section 166A of the Act on Compliance with approved accounting standards.