Financial Services and Markets Act 2000 Explanatory Notes

Section 340: Appointment

602.Subsection (1) gives the Authority the power to make rules to require authorised persons to appoint an auditor or actuary, where they are not already under a statutory obligation to do so (for example under Companies Act requirements).  Subsection (4) allows the Authority to make rules concerning the terms, conditions, qualifications for, and notification of such appointments.  The Authority will also be able to make an appointment itself if one is not made or if it has not received any notification.

603.Subsection (2) allows the Authority to make rules requiring any authorised person to produce periodic financial reports on its business, and to submit these for analysis and comment by an auditor or actuary.

604.Subsection (5) provides that an auditor or actuary appointed to act on a continuing basis or to produce a periodic report must comply with the relevant rules made by the Authority.  These rules may also give the auditor or actuary such powers as the Authority judges necessary for them to carry out their duties.

Back to top