THE Federal Court has unanimously ruled in Securities Commission Malaysia’s (SC) and dismissed the application for leave to appeal by audit firm Afrizan Tarmili Khairul Azhar (AFTAAS) and its partners Datuk Mohd Afrizan Husain, Haji Tamili Dulah Kusni and Khairul Azahar Ariffin.
The Federal Court decision reflects the seriousness of the breaches and reinforces the robustness of the SC’s Audit Oversight Board’s (AOB) enforcement framework.
AFTAAS was also ordered to pay costs of RM30,000 to the SC.
AFTAAS and its partners were sanctioned by the AOB for several breaches involving non-compliance with the auditing standards on fundamental and basic audit procedures during the inspection period between Feb 14 and Mar 5, 2019.
The AOB also found that some of the findings were recurring from the AOB’s previous inspection on the auditors, raising concerns on their capacity and capability.
The firm and its partners were prohibited from accepting as clients and auditing public interest entities (PIE) or schedule funds for a period of 12 months.
In addition, the AOB also imposed fines of RM455,000 on AFTAAS, and RM88,000 each on Mohd Afrizan and Khairul respectively.
With the Federal Court decision, the stay on AOB’s enforcement decisions until the disposal of the leave application to the Federal Court obtained by AFTAAS and its partners at the Court of Appeal on Feb 11, 2022 has lapsed.
As such, the sanctions imposed by the AOB in its enforcement decision including the prohibitions shall take effect from Aug 17, 2022.
The Federal Court panel was made up of Tan Sri Azahar Mohamed, Datuk Seri Hasnah Datuk Mohammed Hashim and Datuk Abu Bakar Jais. – Aug 18, 2022
