2020-01-01

Financial Regulatory Authority Board Decision No. (172) of 2020

The Financial Regulatory Authority (FRA) of Egypt issued Board Decision No. 172 of 2020 to amend the licensing framework for banks and non-banking financial companies operating investment funds. The amendment replaces the prior clause in Decision No. 58 of 2018 by mandating that investment funds prepare independent financial statements under Egyptian accounting standards and undergo audits by independent, Authority-registered auditors. It further enforces strict auditor independence from investment managers and related parties, caps single-auditor workloads at three simultaneous funds, and requires joint audit reports to disclose any disagreements and mitigate conflicts of interest.

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Financial Regulatory Authority

FINANCIAL REGULATORY AUTHORITY


Chairman of the Authority

Financial Regulatory Authority Board Decision No. (172) of 2020 dated 2020/11/18

Amending Financial Regulatory Authority Board Decision No. (58) of 2018 regarding the rules, regulations, and licensing procedures for banks and certain companies conducting non-banking financial activities to conduct investment fund activities themselves or with others


Board of Directors of the Financial Regulatory Authority

Having reviewed the Capital Market Law issued by Law No. (95) of 1992 and its executive regulations; and Law No. (10) of 2009 regulating supervision over non-banking financial markets and instruments; and Financial Regulatory Authority Board Decision No. (58) of 2018 regarding the rules, regulations, and licensing procedures for banks and certain companies conducting non-banking financial activities to conduct investment fund activities themselves or with others;

and having approved the Authority's Board Decision convened on 2020/11/18;

Decided

(Article One)

The following clause shall replace Clause (7) of Article Seven of Financial Regulatory Authority Board Decision No. (58) of 2018 regarding the rules, regulations, and licensing procedures for banks and certain companies conducting non-banking financial activities to conduct investment fund activities themselves or with others:

(Article Seven – Clause "7")

  • 7 - The fund shall prepare independent financial statements in accordance with Egyptian accounting standards and consistent with the nature of its activity. The fund's accounts shall be audited by one or more auditors registered in the special register maintained by the Authority for this purpose. The auditor(s) must be independent from both the investment manager and parties related to the fund. Furthermore, if more than one auditor reviews the fund's accounts, they must be independent of each other.

The fund's auditor shall have access to the fund's books, the right to request data and clarifications, and the authority to verify assets, and shall comply with Egyptian auditing standards and prepare a report on the audit findings.

In the event that the fund's accounts are audited by more than one auditor, the auditors must prepare a joint report, specifying any differences of opinion and each auditor's viewpoint in case of disagreement.

Under all circumstances, a single auditor shall not audit the accounts of more than three funds simultaneously, taking into account the avoidance of conflicts of interest as stipulated in the prospectus or information memorandum, as applicable.

(Article Two)

This Decision shall be published in the Egyptian Gazette and on the websites of both the Authority and the Egyptian Exchange, and shall take effect from the day following its publication in the Egyptian Gazette. Any provision conflicting with its terms is hereby repealed.


Chairman of the Board of Directors of the Authority

Dr. Mohamed Omran


Smart Village, Building 136, Giza, Egypt Postal Code: 110 Telephone: +202 3545950 Fax: +202 35370036 WWW.FRA.GOV.EG

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