MIA notice DECISION OF THE DISCIPLINARY COMMITTEE MALAYSIAN INSTITUTE OF ACCOUNTANTS The Council of the Malaysian Institute of Accountants hereby gives notice that on 11 June 2014, after due inquiry by the Disciplinary Committee of the Institute, Haji Atarek Kamil bin Dato’ Ibrahim (Membership No.: 3631) was found to have committed an act amounting to ‘unprofessional conduct’ within the meaning as provided under Rule 2 of the Malaysian Institute of Accountants (Disciplinary) Rules 2002 [P. U. (A) 229/2002] [“the MIA (Disciplinary) Rules”]. The decision of the Disciplinary Committee was based on the evidence adduced by the Investigation Committee before the Disciplinary Committee that as the Investigative Auditor of MEMS Technology Berhad and its Subsidiaries for the financial year ended 31 July 2007 he had failed to discharge his professional duties in exercising due care and diligence, in that, he had failed to : (1) verify the existence of a foreign company, Fast Technology Ltd (‘FTL’) and yet concluded that the sales to FTL by Senzpak (M) Sdn Bhd did take place and were valid ; (2) verify the authenticity of the sale related documents, and had concluded that the sales to FTL were valid ; and (3) request for acknowledged delivery orders to show that the goods from the sales to FTL were in fact delivered to FTL. The Disciplinary Committee in exercise of its powers under Rule 18(3) of the MIA (Disciplinary) Rules has ordered : (1) that his name be removed from the members register and he shall cease to be a member of the Institute; • the member to pay a fine of RM5,000.00; and • the member to pay the Institute the sum of RM8,000.00 in respect of costs and expenses of and incidental to the disciplinary hearing before the Disciplinary Committee and the investigation conducted by the Investigation Committee. The decision of the Disciplinary Committee is effective 9 July 2014. SUDIRMAN BIN MASDUKI Registrar On behalf of the Council of the Malaysian Institute of Accountants DECISION OF THE DISCIPLINARY COMMITTEE MALAYSIAN INSTITUTE OF ACCOUNTANTS The Council of the Malaysian Institute of Accountants hereby gives notice that on 14 March 2014, after due inquiry by the Disciplinary Committee of the Institute, Ravindran a/l Duraisamy (Membership No.: 27841) was found to have committed an act amounting to ‘unprofessional conduct’ within the meaning as provided under Rule 2 of the Malaysian Institute of Accountants (Disciplinary) Rules 2002 [P. U. (A) 229/2002] [“the MIA (Disciplinary) Rules”]. The decision of the Disciplinary Committee was based on the member’s own admission that he had failed to adhere to the Institute’s By-Laws (On Professional Ethics, Conduct and Practice) by failing to renew and maintain a policy of Professional Indemnity Insurance (PII) for the period 1-7-2010 to 11-9-2011. The Disciplinary Committee in exercise of its powers under Rule 18(3) of the MIA (Disciplinary) Rules has ordered the member: to pay a fine of RM1,500.00; and to pay the Institute the sum of RM2,000.00 in respect of costs and expenses of and incidental to the disciplinary hearing before the Disciplinary Committee and the investigation conducted by the Investigation Committee. The decision of the Disciplinary Committee is effective 11 April 2014. SUDIRMAN BIN MASDUKI Registrar On behalf of the Council of the Malaysian Institute of Accountants DECISION OF THE DISCIPLINARY appeal board MALAYSIAN INSTITUTE OF ACCOUNTANTS The Council of the Malaysian Institute of Accountants (“the Institute”) hereby gives notice that after due consideration by the Disciplinary Appeal Board of the Institute (“Disciplinary Appeal Board”) in respect of an appeal by Lim Chai Peng (Membership 60 accountants today | SEPT / OCT 2014 No.: 8906) who appealed against: • the decision of the Disciplinary Committee of the Institute (“Disciplinary Committee”) that has found the said member to have committed an act amounting to ‘unprofession- MIA notice al conduct’ within the meaning as provided under Rule 2 of the Malaysian Institute of Accountants (Disciplinary) Rules 2002 [P.U. (A) 229/2002] (“Disciplinary Rules”), in relation to the said member’s failure to purchase a policy of Professional Indemnity Insurance; • the order made by the Disciplinary Committee for the said member to be reprimanded; • the imposition of fine of RM3,000.00 by the Disciplinary Committee; and • the order made by the Disciplinary Committee to pay a sum of RM3,000.00 to the Institute in respect of costs and expenses of and incidental to the disciplinary hearing before the Disciplinary Committee and the investigation conducted by the Investigation Committee of the Institute, the Disciplinary Appeal Board of the Institute in exercise of its powers under Rule 28 of the Disciplinary Rules has made an order to confirm and maintain the above decisions of the Disciplinary Committee, except for the imposition of fine, whereby the Disciplinary Appeal Board has reduced the amount of fine imposed i.e. from RM3,000.00 to RM2,000.00. The order of the Disciplinary Appeal Board took effect on 4 July 2014. SUDIRMAN BIN MASDUKI Registrar On behalf of the Council of the Malaysian Institute of Accountants ORDER OF THE DISCIPLINARY APPEAL BOARD MALAYSIAN INSTITUTE OF ACCOUNTANTS The Council of the Malaysian Institute of Accountants (“the Institute”) hereby gives notice that after due consideration by the Disciplinary Appeal Board of the Institute (“Disciplinary Appeal Board”) in respect of an appeal by Lim Kwee Yong (Membership No.: 15200) who appealed against: • the decision of the Disciplinary Committee of the Institute (“Disciplinary Committee”) that has found the said member to have committed an act amounting to ‘unprofessional conduct’ within the meaning as provided under Rule 2 of the Malaysian Institute of Accountants (Disciplinary) Rules 2002 [P.U. (A) 229/2002] (“Disciplinary Rules”), in relation to the said member’s failure to ensure that her firm renewed and maintained a policy of Professional Indemnity Insurance; • the order made by the Disciplinary Committee for the said member to be reprimanded; • the imposition of fine of RM3,000.00 by the Disciplinary Committee; and • the order made by the Disciplinary Committee to pay a sum of RM3,000.00 to the Institute in respect of costs and expenses of and incidental to the disciplinary hearing before the Disciplinary Committee and the investigation conducted by the Investigation Committee of the Institute, the Disciplinary Appeal Board of the Institute in exercise of its powers under Rule 28 of the Disciplinary Rules has made an order to confirm and maintain the above decisions of the Disciplinary Committee. The order of the Disciplinary Appeal Board took effect on 4 July 2014. SUDIRMAN BIN MASDUKI Registrar On behalf of the Council of the Malaysian Institute of Accountants ORDER OF THE DISCIPLINARY APPEAL BOARD MALAYSIAN INSTITUTE OF ACCOUNTANTS The Council of the Malaysian Institute of Accountants (“the Institute”) hereby gives notice that after due consideration by the Disciplinary Appeal Board of the Institute (“the Disciplinary Appeal Board”) in respect of an appeal by Tan Chee Kuan (Membership No.: 25506) who appealed against: • the imposition of fine of RM1,500.00 by the Disciplinary Committee of the Institute (“Disciplinary Committee”); and • the order made by the Disciplinary Committee to pay a sum of RM2,000.00 to the Institute in respect of cost and expenses of and incidental to the disciplinary hearing before the Disciplinary Committee and the investigation conducted by the Investigation Committee of the Institute SEPT / OCT 2014 | accountants today 61 MIA notice the Disciplinary Appeal Board in exercise of its powers under Rule 28 of the Malaysian Institute of Accountants (Disciplinary) Rules 2002 [P.U. (A) 229/2002] (“Disciplinary Rules”) has made an order to confirm and maintain the order in respect of costs and expenses, but reduced the amount of fine imposed i.e. from RM1,500.00 to RM1,000.00. The order of the Disciplinary Appeal Board took effect on 4 July 2014. The said member did not appeal against the decision of the Disciplinary Committee that found the said member to have committed an act amounting to ‘unprofessional conduct’ within the meaning as provided under Rule 2 of the Disciplinary Rules, in relation to the said member’s failure to purchase a policy of Professional Indemnity Insurance, which therefore stands. SUDIRMAN BIN MASDUKI Registrar On behalf of the Council of the Malaysian Institute of Accountants RE-APPLICATION PROCEDURES FOR CANDIDATES WHO FAILED THEIR AUDIT APPROVAL INTERVIEW All candidates seeking for approval to be a company auditor or liquidator are required to sit for an interview session conducted at the Accountant General’s Department. By passing the interview, the candidates will be able to perform his/her duty as an approved company auditor or liquidator under the Companies Act 1965. Before 1 July 2013, a candidate must pass all modules (i.e. MIA, SSM, BNM, SC and MDI (for liquidator only)) in order to obtain a pass to become an approved company auditor or liquidator. The passing mark is 60 for each module. Candidates would have to go through the entire application process again and be interviewed by the same panel consisting of MIA, SSM, BNM, SC and MDI (for liquidator only), regardless of how many modules he or she failed. Effective from 1 July 2013, for those who failed marginally (50%-59%) at only one module, the candidates are allowed to reattempt for the failed module only. Should the candidate fail the interview again during the re-attempt session, such candidates will have to go through a fresh interview process should he or she be determined to become an approved company auditor or liquidator. Re-application procedures Effective from 1 July 2013, failed candidates are required to submit the following during the re-application process: Documents Original completed application form for audit approval (with original signatures and photos on all the forms) 62 Failed one (Marks <50) or more Failed one module marginally (Marks 50-59%) 6 sets 2 sets accountants today | SEPT / OCT 2014 Certified True Copy of all the relevant certificates and Practising Certificate 6 sets 2 sets A sponsor letter from an accountant holding a valid practising certificate and an audit license 1 Original + (5) sets to be photocopied 1 Original + (1) set to be photocopied The documents required to be submitted are similar as the new application to ensure the Accountant General’s Department will always have the latest records of the candidates. Once received, the Accountant General’s Department will process the forms and arrange for the interview session for the candidates. The waiting period before applying for the re-application will vary, depending on the types of failures and interview dates, as shown in the table below: 1) Failed one (Marks <50) or more FAIL 6 months To re-sit all modules 2) Failed one module marginally (Marks 50-59%) FAIL 6/3 months Depends on the interview date (see scenario (a) to (c) below) a) Before 1 July 2013 FAIL 6 months To re-sit all modules b) Between 1 July 2013 - 31 January 2014 FAIL 6 months Allowed to re-sit for one failed module only From 1 February 2014 onwards FAIL 3 months Allowed to re-sit for one failed module only c) Please take note that the waiting period (before the submission of re-application forms) will begin from the date of the interview results letter, issued by the Accountant General’s Department to unsuccessful candidates. Please be guided accordingly.
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