Abdul Imran Khan

Member’s name: Mr Abdul Imran Khan
Date of Hearing: 27 May 2019
Division: New Zealand
Tribunal: Disciplinary Tribunal

On 27 May 2019 the Disciplinary Tribunal found Mr Abdul Imran Khan breached:

1. Article 39(a)(ii)G of the Constitution in that he had, “pleaded guilty to, or been found guilty of (with or without conviction), any offence (criminal or otherwise, but excluding any offence relating to traffic infringement) before any Court in any jurisdiction (which, in the case of a finding or conviction has not been overturned on appeal) which in the reasonable opinion of the Board is likely to materially adversely reflect upon or affect the standing or reputation of the Company”, in respect of pleading guilty in the District Court at Manukau on 31 July 2018 and sentenced on 9 October 2018 by the Court to one offence against Regulation 30 of the Real Estate Agents (audit) Regulations 2009, in that he failed, without reasonable excuse, to promptly report to the Real Estate Agents Authority a loss or deficiency of trust money, or a failure by an agency, to account for any trust account money.
2. Article 39(a)((ii)A of the Constitution in that he “breached this Constitution (or the Constitution of the Company in force immediately before the Amending Date), By-Laws, Code of Professional Conduct or the Applicable Regulations” in that he breached By-Law 5.2(a)(ii) which provides:
   
   (a) “As soon as reasonably expedient after allocation of a Complaint to him or to her, the PCO must:
   
   (ii) Require the Member to provide a satisfactory explanation with respect to the matters referred to in the Complaint. If a Member fails to provide a satisfactory explanation in writing with respect to the matters referred to in the Complaint with 10 Business Days (or such further period as agreed with the PCO) of receipt of a request by the PCO, the GMPC may proceed to make an assessment under By-Law 5.3 on the material before him or her without further communication with the Member and the Member will be in breach of By-Law 5.2(a) which breach must be dealt with concurrently with the Complaint.”

In that the member failed to provide a satisfactory explanation with respect of the matters referred to in the Complaint and failed to provide documents in support to the PCO within 10 business days.

Mr Khan attended the Disciplinary Tribunal Hearing and admitted the first Complaint and entered a denial for the second Complaint.

Penalty and costs

The Disciplinary Tribunal found both the Complaints sustained and imposed the following penalty:

• a severe reprimand
• provide proof of enrolment in the course entitled “Applying the Auditing Standards” within 30 days and provide a certificate of completion to the GMPC within 90 days; or such alternative course arrangements as agreed to by the GMPC
• undertake a CPA Australia Quality Review during the first cycle of the year 2020, at the member’s own expense
• a fine of NZ$1500.

Mr Khan was ordered to pay CPA Australia’s costs of NZ$2816.43.