Publication of persons holding practicing certificate

(1) The Council shall cause to be maintained a register of all persons possessing valid practicing certificates and persons exempt under section 9 (4). (2) The Council shall cause to be published annually in the Gazette within ninety days of the 31st day of December of the preceding year a list of all persons possessing valid practicing 17 SCHEDULE I Bye-Laws of The Institute [Section 5] THE COUNCIL 1. The Annual General Meeting of the Institute for the election of the Council, the appointment of auditors and for the transaction of such other business as may be brought before the meeting shall be held within three months after the end of each financial year at such time and place as the Council may from time to time determine. 2. At least twenty-one days notice of the Annual General Meeting setting forth the procedure for nomination and election of the Council shall be given to each member and at the same time or at a reasonable time before the Annual General Meeting a copy of the report of the President and the Council, including the annual financial statement and the report of the auditors thereon, shall be sent to each member. 3. Nomination of candidates for election to the Council shall be in writing signed by two members and shall be lodged with the Secretary at least two weeks before the day of the Annual General Meeting. 4. Election of the Council shall be by ballot and in the case of members not present at the meeting, by proxy. 5. At the Annual General Meeting of the Institute a member or members other than members of the Council shall be elected auditors for the current year. 6. General Meetings of the Institute shall be held from time to time, on resolution of the Council or after a requisition delivered to the Secretary signed by six or more members for 18 Accountancy Profession such purpose, for the transaction of such business as may be specified in the resolution or requisition. At least twenty-one days notice of such meetings shall be given to members. 7. Any General Meeting of the Institute may be adjourned from time to time but no business shall be transacted at any adjournment meeting other than the business left unfinished at the meeting from which the adjournment took place. 8. Subject to the bye-laws, the procedure at all meetings in connection with the affairs of the Institute shall be governed by the rulings of the person presiding. 9. The monies of the Institute shall be kept in such bank as the Council may from time to time by resolution determine. 10. The Council may invest any monies of the Institute not currently required. 11. All cheques drawn on the account of the Institute shall be signed by two persons appointed for that purpose by the Council. 12. All membership certificates and practicing certificates shall be under the seal of the Institute attested by the President or Vice President and by the Secretary. 13.-(1) The Council may from time to time appoint such Committees or Boards from among the members of the Institute as the Council may deem necessary or desirable, including an Investigations Committee and a Disciplinary Committee. (2) The Investigations Committee shall, when necessary or desirable, investigate the conduct and good standing of members and students and any matters referred to it by the Council, and shall have power to make enquiries from members and students about professional matters and to require the production of books, documents and working or other papers. Accountancy Profession 19 (3) The Disciplinary Committee shall conduct hearings of charges preferred against members and students by the Investigations Committee. 14. The Council may make rules and regulations with regard to any matter, provided, however, that such rules and regulations shall not be contrary to the provisions of this Act or of these bye- laws. 15. The Council may from time to time pass Rules of Professional Conduct prescribing the standards of fitness, moral character and conduct of members and students but no such rule or any amendment thereto shall take effect until it has been approved at an Annual General Meeting or at a General Meeting of the members of the Institute specially convened to consider such rule or amendment. 16. Notwithstanding the terms of the Rules of Professional Conduct, the Council shall have the additional right and power to determine from time to time in particular cases what acts, omissions, matters or things constitute unfitness, lack of moral character or professional or other misconduct or constitute violations of the bye-laws and rules and regulations of the Institute. 17. Members and students shall comply with such standards as are prescribed and with the bye-laws, rules and regulations of the Institute. MEMBERS 18. The Council shall admit to membership of the Institute any 19. Subject to the foregoing, the Council may only admit to membership an applicant who shall have made application in the prescribed form and who is proposed by two members of the 20 Accountancy Profession Institute who shall certify that the applicant is a fit and proper person to be a member. 20. No member of the Institute shall engage in public practice without first having obtained from the Council a certificate authorising him so to practice. 21. Every person who applies for membership shall thereupon pay a fee of twenty-five dollars which is not refundable. 22.-(1) Annual membership fees shall be due and payable on the 1st of January each year as follows, (i) member resident in Belize -$30.00 (ii) member resident outside Belize- $15.00, Provided that any person admitted to membership in the last six months of the financial year shall pay one half of the annual fee. (2) A person practicing as a public accountant within the meaning of section 2 shall in addition pay an annual practicing fee of fifty dollars. 23. Any member whose fees are not paid within three months after the date when such fees have become due and payable may be suspended by the Council from the privileges of membership, provided that upon payment of such fees (subject to the provisions of bye-law 24) the Council shall reinstate a suspended member. 24. Any member whose fees are not paid within three months after the date of his suspension or whose fees are in arrears for nine months shall be deemed to have thereby terminated his membership and the Council shall direct that his name be removed from the register. Such a person may be readmitted on such terms as the Council may approve. Accountancy Profession 21 25. Any member may submit his resignation in writing to the Council and his membership shall terminate on the day set for such termination by the Council in each case or from time to time. STUDENTS 26. The Council shall maintain a register of students of the Institute. 27. Any person who is recommended by a member as being of good moral character and habits may apply to be registered or re-registered as a student of the Institute. 28. Every application for registration as a student shall be in the form and accompanied by such documents as may be prescribed by the Council. 29. The Council may investigate the progress, competence, character, conduct and suitability for membership of any student. 30. The Council may in its discretion after inquiry register, re-register, refuse to register or cancel the registration of a student. DISCIPLINE 31. Any person may address to the Council in writing a charge or charges of professional misconduct on the part of any member or student or any person to whom a practicing certificate has been issued. Any such charge or charges shall be laid before the Council. 32. The Council may in its discretion take whatever action it deems proper in connection with such charges and, without limiting the generality of its powers, may among other things refer the charge or charges to the Investigations Committee. 22 Accountancy Profession 33. It shall be lawful for the Council to exclude from membership or to withdraw a practicing certificate from a person convicted in any court of a criminal offence involving dishonesty, such conviction not having been quashed on appeal, without any further charge being made or laid. 34. Neither the Institute nor the Council shall be required to take notice of any published article or private communication or of any statement affecting the conduct of a member, student or person in public practice. 35. If at any time in the opinion of the Council or of the Investigations Committee a formal hearing of all or any of such charges is necessary or desirable, a special meeting of the Disciplinary Committee shall be held for that purpose. Fourteen days notice of such meeting with a copy of the charge or charges shall be given to the person charged and to such other persons as the Disciplinary Committee may from time to time direct. If any person so notified fails to appear at any time, the formal hearing may proceed in his absence. The procedure at all formal hearings shall be by ruling of the Chairperson whose decision shall be final, binding and conclusive. 37. If the Disciplinary Committee is satisfied that any charge or charges have been admitted or proven, the Committee may recommend one of the following to the Council– (a) a reprimand; (b) a severe reprimand; (c) a fine not exceeding one thousand dollars; (d) suspension from membership for a period not exceeding six months; (e) exclusion from membership. Accountancy Profession 23 38. The Council may either– (a) accept the recommendation; (b) vary the recommendation; or (c) refer the matter for review by the Appeal Committee (on grounds stated). 39. A member or student shall have the right of appeal to the Appeal Committee from any decision of the Disciplinary Committee. Such appeal shall be in writing and received by the Secretary within fifteen days, or such extended time as the Council may allow, of notice of the decision being communicated to such member or student. 40. The Appeal Committee shall consist of all members of the Council who are not members of the Investigations Committee or of the Disciplinary Committee together with such other person as may be appointed to the Committee by the Minister. 24 Accountancy Profession SCHEDULE II Scheduled Societies [Section 2] United Kingdom: The Institute of Chartered Accountants in England and Wales The Institute of Chartered Accountants of Scotland The Association of Certified Accountants The Institute of Cost and Management Accountants The Chartered Institute of Public Finance and Accountancy The Society of Company and Commercial Accountants The Association of International Accountants Ireland: The Institute of Chartered Accountants in Ireland United States of America: The American Institute of Certified Public Accountants The American Accounting Association Canada: The Canadian Institute of Chartered Accountants The Certified General Accountants Association of Canada Accountancy Profession 25 Caribbean: The Institute of Chartered Accountants of Guyana The Institute of Chartered Accountants of Jamaica The Institute of Chartered Accountants of Trinidad & Tobago The Institute of Chartered Accountants of Barbados