IISD Model Contract Clauses for Responsible Investment in Agriculture:

Customizable legal provisions to help implement international best practices, principles, and guidance on responsible agricultural investment

50. Financial Audit

 

50.1 The Company shall prepare at its own expense and provide to the Authority, no less than 3 months after the end of each financial year, audited financial statements prepared by an independent, professionally qualified auditor.

50.2 The Authority reserves the right to audit the Company’s accounts, books and records maintained under this Agreement and the Applicable Law for each calendar year within 2 years from the end of each such calendar year. Any such audit will be at the Authority’s sole cost and risk, performed by and through a technical inspector or an independent professionally qualified auditor, completed within twelve (12) months of its commencement, and conducted in a manner that will result in the minimum amount of inconvenience to the Company.

50.3 The Authority’s inspector or auditor shall have the right, in connection with such audit, to visit and inspect, during normal business hours on any day, all sites, plants, facilities, warehouses and offices of the Company directly or indirectly serving its activities under this Agreement and to visit and question personnel associated with those activities in accordance with Applicable Law.

50.4 The Authority shall, and shall ensure that any inspector or auditor shall, use such information only for the purpose for which it was disclosed and not for any other purpose and shall keep confidential all information provided to it or any of its agents, advisors, representatives, officers, directors, or employees by or on behalf of the Company or otherwise obtained by it or any of its agents, advisors, representatives, officers, directors or employees in connection with the audit which relates to the Company or the business of the Company.


For more information: See generally IISD, 2014, Section 7.4 (Audit); ISLP & CCSI, 2016, Section 2.14 (Monitoring and Audits); UNIDROIT & IFAD, 2021, Section 4.171 (Reporting on Financial and Non-Financial Obligations).

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