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FAIR TRADING (ENHANCED COMPLIANCE) ACT 2004 (NO 103 OF 2004) - SECT 39

Account deficiencies

    (1)     After section 64(15) of the Estate Agents Act 1980 insert

    "(16)     An auditor is not required to report a deficiency under this section if—

        (a)     the deficiency was caused solely by an error by an authorised deposit-taking institution or by inadvertence; and

        (b)     the deficiency is rectified within 2 business days of its discovery.".

    (2)     After section 90(2) of the Estate Agents Act 1980 insert

    "(3)     This section does not apply to a deficiency of money in or payable into a trust account if—

        (a)     the deficiency was caused solely by an error by an authorised deposit-taking institution or by inadvertence; and

        (b)     the deficiency is rectified within 2 business days of its discovery.".



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