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False statements to auditors.
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34.—(1) An officer or employee of an investment business firm or of an associated undertaking or related undertaking who knowingly or recklessly makes a statement to which this section applies that is misleading, false or deceptive in a material particular shall be guilty of an offence.
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(2) This section applies to any statement made to the auditors of an investment business firm (whether orally or in writing) which conveys, or purports to convey, any information or explanation which they require under this Act, or are entitled so to require, as auditors of an authorised investment business firm.
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(3) An officer or employee of an investment business firm or an associated undertaking or related undertaking who fails to provide to the auditors of an investment business firm, within such period of time as the auditor, after consultation with a supervisory authority, may specify, being not less than two days (not including a Saturday, a Sunday or a public holiday) from the making of the relevant inquiry, any information or explanations that the auditors require as auditors of an investment business firm and that is within the knowledge of or can be procured by the officer or employee shall be guilty of an offence.
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(4) In a prosecution for an offence under this section it shall be a defence for the defendant to show that it was not reasonably possible for him to comply with the requirements under subsection (3) of this section to which the offence relates, within the time specified in that subsection, but that the defendant complied therewith as soon as was reasonably possible after the expiration of such time.
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(5) In this section “officer”, in relation to an associated undertaking or related undertaking of an authorised investment business firm, includes an auditor.
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