Auditors.
(Cap. 33).
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(2) All forms and information required to be sent and all returns required to be made to the Financial Secretary pursuant to any of the provisions of this Ordinance shall be compiled in the English language and the Arabic system of numerais.
36. (1) Every bank shall appoint an auditor whose name appears for the time being on Part I or Part II of the authorized list of auditors kept by the Registrar under section 131 of the Companies Ordinance.
(2) The duties of any auditor appointed under subsection (1) shall be-
(a) to carry out at least once in every year an audit of the accounts
of the bank;
(8) to make an annual report to the shareholders, or in the case of a bank which is a private company or an unincorporated body to the directors, of the bank upon the accounts audited by bim and the annual balance sheet of the bank;
(c) in every such report to state-
(i) whether or not he has obtained all the information and explanations which were, in his opinion, necessary for the purposes of his audit;
(ii) whether, in his opinion, the balance sheet referred to in the report gives a correct view of the state of the affairs of the bank at the date of the balance sheet, according to the best of his information and the explanations given to him;
(i) whether, in his opinion, proper books of account have been kept by the bank so far as appears from his audit of the accounts; and
(iv) whether, in his opinion, proper returns, adequate for the purposes of his audit, have been received by him from branches not visited by him.
(3) (0) In the case of a bank which is a company limited by shares or limited by guarantee and having a share capital, there shall be read annually at a general meeting of the shareholders- (i) the report of the auditor referred to in paragraph (5) of subsection (2) of this section; and
() a report by the directors containing the several partic- ulars required by subsection (3) of section 112 of the Com- panies Ordinance certified correct by the said auditor to the extent required by subsection (4) of that section.
(b) In the case of a bank which is a private company or an un- incorporated body there shall be read anmally at a meeting of directors the report referred to in paragraph (b) of sub- section (2) of this section.
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tion of
37. (1) Every bank shail, not later than six months after the close Publication of each financial year, publish in one English daily newspaper and one and exbibi- Chinese daily newspaper, each of which shall be a newspaper circulat- audited ing in the Colony, and exhibit thereafter throughout the year in a con- balance sheet. spicuous position in each of its offices and branches in the Colony-
(a) copies of its latest annual balance sheet and profit and loss
account:
(6) the full and correct names of all persons who are directors or
managers for the time being of the bank; and
(c) the names of all subsidiary companies, for the time being, of
the bank.
(2) A copy of each of the documents referred to in subsection (1) shall be sent to the Financial Secretary, through the Commissioner, by a bank, prior to first publication thereof under subsection (1) with a list of the rames of all companies of which, for the time being, its directors are also directors.
(3) The balance sheet and profit and loss account of a bank sent to the Financial Secretary through the Commissioner shall be accompanied by a copy of the report of the auditor made under paragraph (5) of subsection (2) of section 36 and a copy of the report of the board of directors read at the annual general meeting of the shareholders pur- suant to the provisions of sub-paragraph (i) of paragraph (7) of sub- section (3) of section 36.
(4) If, in the case of a bank incorporated outside the Colony, the Financial Secretary is satisfied that a report has been duly made by ao auditor, or any person exercising a similar function in accordance with the law of the country in which such bank is incorporated, upon the annual balance sheet and accounts of the bank and a copy of such report and the report of the directors of such bank is sent to the Fi- nancial Secretary, he may by notice in writing exempt any such bank from the provisions of this section and of section 36.
(5) The Financial Secretary may require any bank to submit such further information as he may deem necessary for the proper under- standing of the balance sheet and profit and loss accounts sent by that bank under subsection (2); and such information shall be submitted within such period and in such manner as the Financial Secretary may require.
38. (1) Every bank shall submit to the Financial Secretary- Returns and
information (a) not later than twenty-one days after the last day of each caled to be sub-
dar month a statement, în such form as may be prescribed, mitted to the showing the assets and liabilities of its offices and branches Secretary. in the Colony at the close of business on the last business day of that month; and
Finodcial