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A senior CA in service at a listed entity identifies suspected non-compliance with anti-money-laundering law by management. After raising the matter with his immediate superior (who is uninvolved) and then with the audit committee, the audit committee chooses not to disclose the matter to the regulator. Under NOCLAR provisions of the Code, the senior CA's next step is to:
AFile a confidential whistle-blower complaint with the regulator without any further internal escalation
BTreat the matter as closed because escalation up to those charged with governance has been completed
CImmediately resign and avoid further communication so as not to attract liability
DAssess the response of TCWG; where confidence in their integrity is lost, consider informing the parent's management, disclosing to an appropriate authority (where permitted by law) and, as a last resort, resigning — resignation alone not being a substitute for further action
Answer & Solution
Correct answer: D. Assess the response of TCWG; where confidence in their integrity is lost, consider informing the parent's management, disclosing to an appropriate authority (where permitted by law) and, as a last resort, resigning — resignation alone not being a substitute for further action
Section F places a higher expectation on senior CAs. After internal escalation, the CA must assess the response of superiors / TCWG. If their integrity is in doubt — for instance, failure to report to an appropriate authority within a reasonable period — further action includes informing the parent's management, disclosing to an appropriate authority where law allows, and as a last resort resigning. Resignation is not a substitute for taking other necessary actions; option C ignores the duty to act in the public interest; D leapfrogs internal procedures contrary to the Code; A wrongly closes the matter.
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