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The Chartered Accountant (Amendment) By-laws, 2002
It
is hereby notified that the Minister of Justice, Legal and
Parliamentary Affairs has in terms of section 20 of the Chartered
Accountants Act (Chapter 27:02) approved the following by-laws made by
the Council of the Institute of Chartered Accountants of Zimbabwe.
Title
1. These by-laws may be cited as the Chartered Accountants (Amendment) By-laws, 2002 (No.3)
Interpretation of terms
2.
In section 2 the definition of “principal†is amended by the
deletion of “seventy-five per centum†and the substitution of
“fifty comma one per centum†thereof .
Affiliate Membership
3. The following new Part is inserted in the principal by-laws between Part V and Part VI
“ Part Va
AFFILIATE MEMBERSHIP OF THE INSTITUTE
Application for affiliate membership of the Institute
33a.
1. Application for affiliate membership of the Institute shall be made to the Council in a form approved by Council.
2. An applicant for affiliate membership of the institute shall certify
that the information given by him on the form referred to in subsection
(1) is complete, true and correct and shall, in the event of his
admission to the Institute, undertake to observe the Act and these
by-laws in so far as they refer to affiliate members and the Rules or
Professional Conduct referred to in section 21.
3. An applicant for affiliate membership of the Institute shall satisfy the Council that he is-
1. Qualified for registration as an affiliate member in terms of section 33b; and
2. Is a fit and proper person to be admitted to affiliate membership of the Institute.
Requirements for registration as an affiliate member
33b. A person shall be qualified for admission to affiliate membership if –
1. he holds a qualification recognised by the Council and
2. he has completed his training in accordance with the by-laws.
Resignation from Institute
33c.
1. An affiliate member may at any time resign his membership by
1. notice in writing to the Council; and
2. submitting with his notice the certificate of membership issued to
him: Provided that the Council may dispense with the requirement of
paragraph (b) of this sub-section if it is satisfied that the affiliate
member has lost his certificate or that the certificate has been
destroyed.
2. Notice given in terms of subsection (1) after the 31st
of March in any year shall not relieve an affiliate member from his
liability to pay the annual subscription in respect of the current year.
Removal from register of an affiliate
33d.
The Council shall remove from the register the name of any affiliate
member who has died, has resigned or ceases to be qualified as an
affiliate member in terms of section 33b.
Liability to pay subscription
33e.
1. An affiliate member shall be liable to pay the annual subscription
fees on or before the 31st July of the year in respect of which it is
due and-
1. if he fails to pay the subscription fees on or before
31st July, he shall, subject to subsection (2), be liable to pay to the
Institute such surcharge as the Council may impose;
2. if he fails
to pay such subscription, together with any surcharge referred to in
paragraph (a), on or before the 31st of October of the year in which
such subscription is due, he shall subject to subsection (3), be liable
to have his name removed from the Register by the Council.
2. A surcharge imposed in terms of subsection (1) –
1. shall not exceed twenty-five per centum of the annual subscription
for each month or part thereof during which the subscription remains
unpaid;
2. may be remitted by the Council in whole or in part if the
person concerned proves to the satisfaction of the Council that the
remission is justifiable.
3. The Council shall not remove the name of any person from the register in terms of paragraph (b) of subsection (1) unless-
1. payment of the annual subscription fees and any surcharge due has
been demanded by registered letter sent through the post to the
affiliate member at his registered address, or if none, at his last
known address; and
2. the Council has-
1. informed the affiliate
member concerned by registered letter sent through the post to such
member at his registered address or his last known address, of its
intention to remove his name from the Register; and
2. afforded him a
period of not less than thirty days within which to pay his
subscription and any surcharge, or make representations to the Council
as to why his name should not be removed from the Register.
4. A
person whose name has been removed from the Register in terms of
subsection (1) and who subsequently wishes to be reinstated on the
Register shall apply in terms of section 33a.
Certificate of affiliate membership
33g
1. A certificate of affiliate membership of the Institute shall be in
form approved by the Council and shall remain the property of the
Institute.
2. An affiliate member shall be entitled to a certificate
of membership but shall return the certificate in the event of his
resignation, suspension or cancellation of registration.â€.
Representation of affiliate members
3. Subsection (1) of section 3 is amended by the insertion after paragraph (f), of –
“(g) not more than one shall be appointed by the president in terms
of section 11A to represent the interests of affiliate membersâ€
4. The following new section is inserted after section 11 -
“ 11A. A member appointed by the president in terms of paragraph (g) of subsection (1) of section 3 shall-
1. hold office for a period not exceeding three years as the President may fix at the time of his appointment;
2. hold office subject to section 8, other than paragraph (h) of subsection (1) thereof; and
3. be eligible for reappointment on the expiry of his term of office.â€
Annual subscription
5. Section 28 is amended by the repeal of subsection (2) and the substitution of – “
1. categories of members grouped by residence or non-residence in
Zimbabwe, by age groups, or by whether they are practising, non
practising or inactive; or
2. categories of affiliate members grouped by residence or non-residence in Zimbabwe or by age groups, or
4. honorary members;
5. honorary life members; or
6. life members.â€
Giving of notices
6. Section 58 is amended by the insertion of :
1. “ or an affiliate member†between “member and “Institute…â€; and
2. “ ,the Rules of Professional Conduct or the Act,†between “in
terms of these by- laws†and “may be sent by post…â€
Registered addresses
7. Section 59 is amended by the insertion of “and affiliate member†after “member†.
Practising certificates
8. Section 34 is amended in subsection (3)
1. in paragraph (c) by the insertion after “audit certificate†of “prepared by a Registered Public Auditorâ€;
2. in paragraph (d) by the deletion of “sworn†; and
3. by the insertion after paragraph (e) of the following paragraph -
“ (f) a list of all partners and shareholders with whom he is
associated in the provision of professional service.â€
Permission to sit examinations
9. Section 53 subsection (3) is amended by the deletion of the words
“ three months†and the substitution of “one month†therefor.
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