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The Capital Markets (Real Estate Investment Trusts) (Collective Investment Schemes) Regulations

100. Co-operation with the Auditor

Edition: 2023-10-06 · In force

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100. Co-operation with the Auditor

The trustee, REIT manager, valuer, any property manager, any property manager certifier, structural engineer, legal or other adviser or party appointed in relation to the real estate investment trust scheme or by the REIT manager or in respect of a transaction entered into or proposed to be entered into shall—
(a)provide such assistance as the auditor may reasonably require to discharge its duties;
(b)allow the auditor, at all reasonable times, access to premises, documents, records, data and information including, access to software and systems;
(c)not interfere with the ability of the auditor to discharge its duties;
(d)not provide false or misleading information to the auditor;
(e)report to the auditor, any matter which may significantly affect the financial position of the real estate investment trust, scheme or the fund or the conduct of the audit;
(f)waive and not claim any right to confidentiality or to privilege, including legal professional privilege, in respect of any information, advice, documents or data provided to or prepared for or on behalf of the trustee or the REIT manager which has been paid for out of the assets of the fund or was obtained for the purposes of inclusion in any prospectus or offering memorandum; and
(g)take all reasonable steps to ensure that an employee or person appointed by it complies with the same requirements.
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Source: Kenya Law