Occupational And Personal Pension Schemes (General) Regulations, 2011 (LI 1990)

Regulation 96(1) The Authority may by written notice direct an approved trustee of a company to rectify a matter within a specified period if the Authority(a) becomes aware, that the auditor's report on the accounts of a company that is included in an approved trustee's report has been qualified in some material respect; and (b) is of the opinion that the matter is capable of being rectified. (2) Where the Authority becomes aware, whether as a result of an auditor's report or by other means that (a) appropriate control objectives were not established and maintained in respect of a registered scheme during a relevant period; (b) effective internal control measures were not established and maintained for the purpose of achieving those objectives; or (c) there were shortcomings in the internal control measures that could materially affect the operation of the scheme including its financial position or the financial interests of scheme members; the Authority may, by written notice given to the approved trustee of the scheme, direct the trustee to rectify the matter within a period specified in the notice. (3) Where the Authority (a) becomes aware, whether as a result of an auditor's report or by other means that a company that is or included in an approved trustee has not, during a financial year of the company, complied with the prescribed capital requirements applicable to the company; and (b) is of the opinion that the matter is capable of being rectified, the Authority may, by written notice given to the company, direct it to rectify the matter within the period specified in the notice. (4) The Authority shall within thirty days after giving a direction to rectify a matter (a) by written notice request the auditor concerned to provide the Authority, within thirty days after the end of the period specified in the notice and at the expense of the company or trustee concerned, with a further report indicating whether or not the trustee has rectified the matter; and (b) attach to that notice a copy of the notice directing the company or trustee concerned to rectify the matter. (5) A company (a) that is an approved trustee; or (b) that is included in an approved trustee that, without reasonable excuse, fails to comply with a direction given under sub regulation (1) or (3) is liable to pay a penalty of two hundred and fifty penalty units for each day that the default subsists and shall have its licence suspended after thirty days.(6) An approved trustee who, without reasonable excuse, fails to comply with a direction given under sub regulation (2) is liable to pay a penalty of two hundred and fifty penalty units for each day that the default subsists and shall have its licence suspended after thirty days. (7) An auditor shall comply with a request made to the auditor in accordance with sub regulation (4). 

Procedures to Follow




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Responsible Institution

National Pensions Regulatory Authority

SU Towers Accra
Email:info@npra.gov.gh
Website:npra.gov.gh

Relevant Forms to Download

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Fees / Charges




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