Explain "Statement of Confidentiality" in Peer Review in detail. Who is required to file it and what are the consequences of non-compliance in this regard ?

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2022
Explain "Statement of Confidentiality" in Peer Review in detail. Who is required to file it and what are the consequences of non-compliance in this regard ?

Answer & Explanation:

The process of Peer Review requires high level of integrity on the part of the Peer Reviewer and any Qualified Assistant who may assist him during the Review. The Board has prescribed a Statement of Confidentiality for this purpose. Before accepting to undertake a Peer Review, the Reviewer and any other Authorised Assistant who may assist him in the Peer Review, are required to sign this Statement of Confidentiality and shall send the same to the Peer Review Board. This statement of confidentiality is to be filled in by the persons who are responsible for the conduct of Peer Review i.e., Reviewers, Qualified Assistant(s), members of the Committee and others who assist them, individually. The Reviewer shall be responsible for taking this undertaking from the Qualified Assistant(s) who assist him or are likely to assist him in conducting Peer Reviews, and shall send the same to the Committee. This statement of Confidentiality should be filed by the Reviewer with the Peer Review Committee whenever a new Peer Review assignment is undertaken. Those persons subject to the secrecy provision: shall at all times after their appointment preserve and aid in preserving secrecy with regard to any matter coming to their knowledge in the performance or in assisting in the performance of any function, directly or indirectly related to the process and conduct of Peer Review. shall not at any time communicate any such matter to any other person; and shall not at any time permit any other person to have any access to any record, document or any other material, if any, which is in their possession or under their control by virtue of their being or having been so appointed or their having performed or having assisted any other person in the performance of such a function. Non-compliance with the secrecy provisions in the above clause shall amount to professional misconduct as defined under Section 22 of the Company Secretaries Act, 1980.

Topics: Secretarial Audit

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