LAWS OF FIJI

Revised Edition 1985

CHAPTER 259

FIJI INSTITUTE OF ACCOUNTANTS

TABLE OF PROVISIONS

PART I - PRELIMINARY

SECTION

1. Short title
2. Interpretation

PART II - THE INSTITUTE

3. The Institute
4. Members of the Institute
5. Nature of the Institute
6. Purposes of the Institute
7. General powers of the Institute
8. Rules of the Institute

PART III - COUNCIL, PRESIDENT AND VICE-PRESIDENT

9. Constitution of Council
10. President and Vice-President
11. Vacation of office
12. Council may act notwithstanding vacancies
13. General powers of Council
14. Specific powers of Council
15. Power of Council to accept gifts
16. Meetings of the Council
17. Expenses of members
18. Appointment and functions of Registrar

PART IV - REGISTRATION OF ACCOUNTANTS

19. Register of Accountants
20. Membership
21. Provisional membership
22. Certificates of public practice
23. Licensed accountants
23A. Affiliate accountants
24. Application for registration
25. Fees payable by members
26. Resignation from the Institute
27. Reinstatement of members

PART V - PROFESSIONAL CONDUCT

28. Regulation of conduct of members
29. Appointment of Investigation and Disciplinary Committees
30. Complaints against members and trainees
31. Complaints against registered trainees
32. Powers of Disciplinary Committee
33. Notice of decision and appeal procedure

PART VI - LICENSED ACCOUNTANTS

34. Licensed accountants

PART VIA - AFFILIATE ACCOUNTANTS

34A. Special provisions relating to affiliate accountants

PART VII - OFFENCES AND PENALTIES

35. Holding out as provisional member or chartered accountant or licensed accountant
36. Holding out as chartered accountant in public practice or auditor or tax consultant
37. Accountancy appointments not to be held except by accountants registered under Act
38. All members of firm practising in Fiji to be registered
39. No remuneration recoverable in respect of certain appointments
40. Public officers
41. Penalty for certain offences
42. Evidence of registration or licensing
43. Acts by body corporate or firm implying accountancy qualifications
44. Fraudulent practices in relation to registration
45. General penalty
46. Recovery of moneys by Council

PART VIII - GENERAL

47. Service of notice by post
48. Office of the Institute
49. Gifts to the Institute exempt from gift duty
50. Income of Institute exempt from income tax

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Acts Nos. 43 of 1971,
9 of 1982

AN ACT TO CONSTITUTE THE FIJI INSTITUTE OF ACCOUNTANTS AND TO PROVIDE FOR THE REGISTRATION AND CONTROL OF ACCOUNTANTS

[11 February 1972]

PART I - PRELIMINARY

Short title

1. This Act may be cited as the Fiji Institute of Accountants Act.

Interpretation

2. In this Act -

"affiliate accountant" means a person who is not a member of the Institute, but who is registered in accordance with the provisions of this Act as an affiliate accountant;

"appointed day" means 11 February 1972;

"association of accountants" means any institute, society, association or other body of accountants recognized as such by the Institute;

"certificate of public practice" means a certificate issued by the Council in accordance with the rules of the Institute authorising the person named in the certificate to offer his services as an accountant to the public within Fiji;

"chartered accountant" means a person who is for the time being a full member of the Institute;

"chartered accountant in public practice" means a chartered accountant who is for the time being the holder of a certificate of public practice;

"committee" means any committee established under this Act and the rules and by-laws made thereunder;

"Council" means the Council of the Institute established under section 9;

"Disciplinary Committee" means the Disciplinary Committee appointed under section 29;

"fundamental rule" means any rule of the Institute which is declared to be such in the rules of the Institute;

"Institute" means the Fiji Institute of Accountants established under section 3;

"Investigation Committee" means the Investigation Committee appointed under section 29;

"licensed accountant" means a person who is not a member of the Institute, but who is registered in accordance with the provisions of this Act as a licensed accountant;

"member" means a member of the Institute who is registered in accordance with the provisions of this Act as a chartered accountant or a provisional member;

"principal" means the person registered with the Institute as the employer of a registered trainee under a contract of training;

"provisional member" means a person who is for the time being registered as a provisional member of the Institute;

"register" means the register of accountants required to be kept in accordance with the provisions of section 19;

"Registrar" means the Registrar appointed under the provisions of section 18;

"trainee" or "registered trainee" means a trainee registered with the Institute under a contract of training.
(Amended by Act 9 of 1982, s. 2.)

PART II - THE INSTITUTE

The Institute

3. There is hereby established a body to be called the Fiji Institute of Accountants.

Members of the Institute

4. The Institute shall consist of such persons as are for the time being registered as members thereof in accordance with the provisions of this Act.

Nature of the Institute

5. The Institute shall be a body corporate with perpetual succession and a common seal, and with power, subject to the provisions of this Act, to sue and be sued in its corporate name and to acquire and dispose of property, both real and personal and to do and to perform such other acts as bodies corporate may by law perform.

Purposes of the Institute

6. The purposes of the Institute shall be -

(a) to promote and safeguard the rights and interests of its members in all matters affecting the profession of accountancy, to uphold and enforce among its members a high standard of efficiency and professional conduct in the interest of such profession and the public generally, and to give concentrated expression to their opinions upon all questions and matters affecting the business of the profession;

(b) to register accountants and to regulate the practice of the profession of accountancy in Fiji;

(c) to exercise control over the training, education and examination by the Institute or any other body of persons, of persons desiring to acquire a basic training in general accounting knowledge and of persons practising or intending to practise the profession of accountancy in Fiji or elsewhere;

(d) to determine the qualifications of persons for admission to membership of the Institute and for registration under this Act;

(e) to grant or issue diplomas or certificates to members of the Institute;

(f) to promote, in any manner which the Institute thinks fit, the interests of the profession of accountancy in Fiji;

(g) to grant prizes and scholarships, to hold exhibitions and to establish and subsidise lectureships in universities and other educational institutions in subjects of study relating to accountancy or to the duties of an accountant;

(h) to afford pecuniary and other assistance to members of the Institute who are in need of any such assistance, and to the wives and children and other dependants of members and to the widows and children and other dependants of deceased members.

General powers of the Institute

7. The Institute may – 

(a) purchase or lease any lands required for any of the purposes of this Act;

(b) take up and subscribe for or otherwise acquire shares in any company, if membership of the company is essential or advantageous to the Institute in connection with the acquiring and holding of any lease or tenancy from the company of land required for any of the purposes of this Act;

(c) except in the case of leases from month to month, sell, surrender, lease, exchange or mortgage any land or building vested in it either in blocks or in parcels as may be found most convenient or advantageous;

(d) borrow money, whether by way of a bank overdraft or otherwise, for such of the purposes of the Institute as the Council may from time to time consider desirable; and

(e) do all things which are necessary for carrying out the purposes of the Institute.

Rules of the Institute

8. - (1) The Institute may, from time to time at any general meeting, and with the approval of the Minister, make such rules as may be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof and may, in particular, make rules to provide for any of the following matters:-

(a) the regulation of the practice of the profession of accountancy in Fiji;

(b) the admission of members to the Institute, the fees payable by such members on admission and the manner in which such members shall cease to be members thereof;

(c) the election, appointment, resignation and removal of members of the Council;

(d) the election, appointment, resignation and removal of the President, the Vice-President and the Treasurer of the Institute;

(e) the holding of meetings of the Council and of the members of the Institute;

(f) the training, education or examination of candidates for admission as members of the Institute and the fees payable therefor;

(g) the use and custody of the common seal of the Institute;

(h) the qualifications of persons for admission as members of the Institute; 

(i) the classification from time to time of the members of the Institute; 

(j) the custody, investment and expenditure of the funds and property of the Institute;

(k) the manner of voting at any meeting of the Council or of the members of the Institute and at any election held by the Institute;

(l) the procedure of the Investigation Committee and the Disciplinary Committee;

(m) the publication in the Gazette, newspaper and elsewhere of proceedings and findings of the Disciplinary Committee;

(n) the registration as provisional members of persons who have completed the prescribed examinations but have not fulfilled the prescribed requirements relating to practical experience;

(o) the prescribing of practical experience requirements for admission and authorising the Council or any Committee to approve places of employment in which such experience may be obtained;

(p) the defining of conditions under which certificates of public practice may be issued;

(q) the enrolment as student members of persons studying for examinations recognised by the Institute and as registered trainees of persons serving under a contract of training;

(r) the provision of appropriate membership of the Institute of persons who pass the accounting examinations provided in consultation and co-operation with the University of the South Pacific;

(s) the regulation and administration of the Institute in all matters within its powers:

Provided that any resolution of the Institute which seeks to amend, revoke or replace any of the rules of the Institute once in force shall, to be considered as properly passed, require the approval of 75 per cent of the members of the Institute present and voting and who, as at the date of the general meeting at which the resolution was considered, were entitled to vote.

(2) Notwithstanding the provisions of subsection (1), the first rules of the Institute shall be made by the Minister.

PART III - COUNCIL, PRESIDENT AND VICE-PRESIDENT

Constitution of Council

9. - (1) At the annual general meeting, the Institute shall elect a Council, the members of which shall, subject to the succeeding provisions of this section, hold office for a term of 3 years.

(2) The Council shall consist of 9 persons to be elected by the members of the Institute entitled to vote from among their number, so that –

(a) 3 Council members shall be members holding certificates of public practice;

(b) 3 Council members shall be members who do not hold certificates of public practice; and

(c) 3 Council members shall be members irrespective of whether they hold or do not hold certificates of public practice.

(3) At the conclusion of each subsequent annual general meeting after the first annual general meeting held after 11 February 1972, 1 of the Council members in each of the categories (a), (b) and (c) referred to in subsection (2) shall retire, but shall be eligible for re-election.

(4) The members of the Council who shall retire in accordance with the provisions of subsection (3) shall be those who have held office for the longest time.

(5) The Council shall, if need be, decide as between members of the Council who have been in office for the same consecutive period as to which of such members shall retire, by lot.

President and Vice-President

10. - (1) The President and the Vice-President of the Institute shall be elected by the Council from amongst its members and, in the event of any casual vacancy arising in respect of the office of the President or of the Vice-President of the Institute, the Council shall, at its next meeting or as soon as may be thereafter, elect 1 of its members to fill such vacancy for the balance of the term of office then remaining.

(2) The President of the Institute shall be the chairman of the Council and shall preside at its meetings. In the absence of the President of the Institute at any meeting of the Council, the Vice-President of the Institute shall preside and, in the absence of both the President and the Vice-President of the Institute from any such meeting, the Council shall elect a chairman from amongst its members.

(3) Notwithstanding anything to the contrary in section (2), the term of office of both the President and the Vice-President of the Institute shall be 2 consecutive years in each such office.

Vacation of office

11. - (1) A member of the Council shall vacate his office if –

(a) he ceases to be qualified to hold office in or to be elected or appointed to the Council;

(b) he resigns his seat on the Council;

(c) he is absent from 3 consecutive meetings of the Council without its consent;

(d) he becomes bankrupt or insolvent or enters into a composition with any creditor or takes or attempts to take the benefit of the provisions of any written law to liquidate his assets or affairs;

(e) he becomes of unsound mind; or

(f) his subscription to the Institute has been overdue for 6 months. 

(2) Any casual vacancy arising among the elected members of the Council may be filled by the Council by appointment from among the category of membership of the person giving rise to such vacancy, and any such new member shall hold office for so long as the member in whose place he is appointed would have held the office.

Council may act notwithstanding vacancies

12. The Council may act notwithstanding any vacancy in its membership, provided that not less than 6 members thereof continue in office.

General power of Council

13. The management and control of the Institute and of its funds shall be vested in the Council and all such powers, acts or things as may be exercised or done by the Institute which are not by this Act expressly directed or required to be exercised or done by the Institute in general meeting may, subject to the provisions of this Act or of any rules made thereunder or any resolution passed from time to time by the Institute in general meeting; be exercised or done by the Council:

Provided that no such resolution of the Institute shall invalidate the exercise of any power or the doing of any act or thing by the Council which would previously have been valid if such resolution had not been passed.

Specific powers of Council

14. - (1) Without prejudice to the general powers conferred by section 13 and subject to the rules of the Institute, the Council shall have power –

(a) from time to time, to make by-laws to provide for all matters not expressly reserved to the Institute in general meeting, whether the same be expressed amongst its powers or not, including the control of branches and the powers exercisable by them;

(b) to prescribe the conditions for applicants for admission as members of the Institute and for changes in the classification of members either generally or in any particular case;

(c) to establish prizes for students and to lay down the conditions for their award as it deems fit;

(d) at its discretion, to appoint such officers, clerks, agents and servants for permanent, temporary or special services as it may, from time to time, deem fit and to determine their duties and terms of service;

(e) to appoint, from time to time, the bankers and legal advisers of the Institute;

(f) to purchase, rent or otherwise acquire and furnish suitable premises for the use of the Institute;

(g) to take cognisance of anything affecting the Institute or the professional conduct of its members and to bring before any general meeting of the Institute any matter which it considers material to the Institute or to the interests of the profession and make any recommendations and take such action as it deems fit in relation thereto;

(h) with a view to extending the benefits of the Institute, to communicate, from time to time, with other similar bodies and with members of the profession in other places for the purpose of obtaining and communicating information on all matters likely to prove beneficial or interesting to members and to negotiate and arrange with such bodies for the reciprocal recognition of the status of the members of the Institute;

(i) to institute, conduct, defend, compound or abandon any legal proceedings by or against the Institute or its officers or otherwise concerning the affairs of the Institute and to compound and allow time for payment or satisfaction of any debts due or of any claims or demands made by or against the Institute;

(j) to refer any claims or demands by or against the Institute to arbitration and to observe and perform every award made as a result of such arbitration;

(k) to make and give receipts, releases and other discharges for moneys payable to, and for claims and demands of, the Institute;

(l) to invest and deal with any moneys of the Institute, from time to time, in securities authorised for the investment of trust funds by any written law for the time being in force;

(m) from time to time, to borrow or raise money by bank overdraft or otherwise by the issue of debentures or any either securities founded or based upon all or any of the property and rights of the Institute or without any such security and upon such terms as to priority or otherwise as the Council shall deem fit;

(n) from time to time, as it deems fit, to establish branches of the Institute;

(o) from time to time, in its absolute discretion, to delegate any of its powers, authorities and discretions to any branch of the Institute on such conditions and for such period as it deems fit;

(p) to appoint committees of the Institute for such purposes and with such powers as it deems fit; and

(q) to exercise all such powers, privileges and discretions as are not by this Act expressly and exclusively required to be exercised by the members of the Institute in general meeting.

(2) A copy of any by-law made under the provisions of subsection (1) shall be despatched to each member of the Institute as soon as possible after having been made by the Council and shall not be published in the Gazette.

Power of Council to accept gifts

15.-(1) The Council may, on behalf of the Institute, accept by way of grant, gift, testamentary disposition or otherwise, property or moneys in aid of the finances of the Institute on such conditions as it may determine.

(2) Registers shall be kept of all donations to the Institute, including the names of donors and any special conditions on which any donation may have been given.

(3) All property, moneys or funds donated to the Institute for any specific purpose shall be applied and administered in accordance with the purpose for which they may have been donated and shall be separately accounted for.

Meetings of the Council

16.-(1) The Council shall meet at such time and place and as often as may be necessary.

(2) Five members personally present at any meeting of the Council shall constitute a quorum for the transaction of any business. (Amended by Act 9 of 1982, s. 3.)

(3) A decision of the majority of the members of the Council present and voting at any meeting of the Council shall be deemed to be a decision of the Council.

(4) The chairman or the person lawfully acting as chairman at any meeting of the Council shall have an original as well as a casting vote.

(5) Subject to any rules of the Institute, the Council may regulate its own procedure and, in particular, the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes and the custody, production, and inspection of such minutes.

Expenses of members

17. No fees shall be paid to any member of the Council, but a member may be reimbursed from the funds of the Institute for out-of-pocket and travelling expenses incurred by him in relation to the affairs of the Institute.

Appointment and functions of Registrar

18.-(1) The Council shall appoint a Registrar and such other officers as may be necessary and shall pay to any such person appointed such salary or remuneration as the Council deems fit.

(2) The Registrar shall be the secretary to the Institute and to the Council.

(3) The Registrar shall have and may exercise and discharge the powers, authorities, duties and functions conferred or imposed on him by this Act or any rules or by-laws made thereunder.

PART IV - REGISTRATION OF ACCOUNTANTS

Register of accountants

19.-(1) The Council shall cause to be kept a register of accountants who shall, for the purposes of this Act and subject to the rules of the Institute, be classified as-

(a) chartered accountants;

(b) provisional members;

(c) licensed accountants; and

(d) affiliate accountants. 

(Amended by Act 9 of 1982, s. 4.)

(2) The register shall be kept at the office of the Institute and shall be available for inspection by the public without charge at all reasonable hours. 

(3) The Council shall cause to be published in the Gazette during the month of June in every year, a copy of the register.

Membership

20.-(1) No person shall be registered by the Council as a chartered accountant member of the Institute if he is less than 21 years of age; and no person shall be registered by the Council as a member or provisional member of the Institute, if, in the opinion of the Council, he is not of good character or reputation or is engaged in any business or occupation inconsistent with the integrity of a member of the Institute.

(2) A body corporate shall not be eligible for registration as a member of the Institute.

(3) Subject to the provisions of subsection (1), every person on payment of the prescribed fee shall be entitled to be registered as a member of the Institute, if-

(a) he has passed such examinations in accountancy and other matters, if any, as may be prescribed and has complied with all the prescribed requirements relating to practical accounting experience; or

(b) he is a member in good standing of an association of accountants which is recognised in that behalf by the Institute.

(4) For the purposes of paragraph (a) of subsection (3), a person shall be deemed to have passed the examinations referred to in that paragraph or any part of such examinations, as the case may be, if he has passed any examination or part of an examination (whether in Fiji or elsewhere) which is recognised by the Institute as being equivalent to or higher than the examinations or part thereof first mentioned in this subsection.

Provisional membership

21.-(1) Subject to the provisions of subsection (1) of section 20, a person who has not obtained the necessary practical accounting experience prescribed by the rules of the Institute but who has passed, in accordance with such rules, such examination in accountancy and other matters, if any, as may be prescribed, may, on application to the Council, be registered as a provisional member of the Institute.

(2) On being so registered, such person shall have the same rights of membership as a registered member, except that he shall not be entitled to vote at any meeting of the Institute or to carry out any duty reserved to any member of the Institute by any written law and (when referring to his membership) may only describe himself as a provisional member of the Institute and shall not be entitled to use any letters or abbreviation to indicate his qualification.

Certificates of public practice

22.-(1) No member of the Institute shall have the right to offer his services to the public under the designation of "chartered accountant", unless he is the holder of a certificate of public practice issued in accordance with rules made under the provisions of this Act.

(2) Every person who, on the appointed day, was registered under the provisions of the Public Accountants Ordinance repealed by this Act shall be entitled to be issued with a certificate of public practice at any time upon making application therefor to the Council, notwithstanding anything to the contrary contained in the rules of the Institute from time to time in force, if the Council is satisfied that he is then a fit and proper person to offer accounting services to the public and that he is resident in Fiji. (Amended by Act 9 of 1982, s. 5.)
(Cap. 233. 1967 Edition.)

Licensed accountants

23. Every person who has been certified by the Council acting on a report by a committee appointed under the provisions of paragraph (p) of subsection (1) of section 14 and in accordance with the provisions of section 34 as to his fitness to be registered as a licensed accountant shall be entitled to be registered as such.

Affiliate accountants

23A. Every person shall be entitled to be registered as an affiliate accountant if-

(a) he has passed such examinations as may be prescribed by rules of the Institute;

(b) he complies with such conditions and possesses such other qualifications as may be so prescribed; and

(c) he satisfies the Council that he is a fit and proper person to be so registered.
(Inserted by Act 9 of 1982, s. 6.)

Application for registration

24.-(1) Every application by any person to the Council to be registered as a member of the Institute shall be in writing in the form for the time being approved by the Council and the statements made therein shall, if so required by the Council, be verified by a statutory declaration made by the applicant.

(2) Every such application shall be accompanied by the prescribed admission fee which fee shall be returned to the applicant if the application is refused.

Fees payable by members

25.-(1) Every member shall pay to the Institute on admission, and thereafter annually or at such other intervals as the Institute may decide, such fees as may be prescribed by the rules of the Institute.

(2) The Institute may prescribe different fees for different classes of members. 

(3) The Council may remove from the appropriate register the name of any member who is in arrears for 6 months or more in the payment of any fees and, on notice of such removal under the hand of the Registrar being delivered to that member or posted to his registered postal address, he shall cease to be a member of the Institute.

(4) Without prejudice to any other provision of this Act, any member who ceases to be a member under the provisions of subsection (3) may, at any time within 12 months from the date of the notice of removal, pay to the Council all fees which are in arrears or which would have been in arrears if he had continued to be a member of the Institute, together with such penalty as may be fixed from time to time by the Council and shall thereupon be entitled to have his name restored to the register. On such restoration, he shall be deemed to be re-admitted as a member of the Institute.

Resignation from the Institute

26.-(1) A member of the Institute may, at any time, by writing under his hand delivered to the Registrar, tender his resignation from the Institute and, unless the Council refuses to accept his resignation as provided for in subsection (2), his name shall be removed from the appropriate register and he shall cease to be a member of the Institute.

(2) The Council may refuse to accept the resignation of any member, if-

(a) it has reason to believe that such member has been guilty of conduct, or that circumstances exist, to justify the removal of his name from the register; or

(b) it is aware that any matter concerning such member is before the Investigation Committee or the Disciplinary Committee of the Institute for investigation or inquiry; or

(c) such member is indebted to the Institute.

Reinstatement of members

27. A member whose name has been removed from the register under the provisions of section 26 may apply at any time for reinstatement of his name in the register and the name of such member may be reinstated in the register upon such terms and conditions as the Council may deem necessary to impose upon him and upon his giving such information and explanation as the Council may require.

PART V - PROFESSIONAL CONDUCT

Regulation of conduct of members

28.-(1) The Council may, in addition to any fundamental rules relating to professional conduct made under this Act, make by-laws for the inculcation of sound practice, the prevention of illegal and dishonourable practices and the promotion of the interests of the profession of accountancy and may prohibit such acts and regulate the conduct of members of the Institute in that regard as it thinks fit.

(2) The Council may provide penalties (including forfeiture of membership) for members of the Institute who may commit a breach of or fail to observe the provisions of any such by-law.

Appointment of Investigation and Disciplinary Committees

29. At the first meeting of the Council held after each annual general meeting of the Institute, the Council shall appoint the following Committees:-

(a) an Investigation Committee which shall be comprised of 2 members of the Council and 2 members of the Institute entitled to vote but not members of the Council;

(b) a Disciplinary Committee which shall be comprised of 3 members of the Council and 2 members of the Institute entitled to vote but not members of the Council:

Provided that the quorum for such committees shall require the presence of the appointed council members in each case.

Complaints against members and trainees

30.-(1) Any person who seeks to make a formal complaint that any member has done anything which renders the intervention of the Disciplinary Committee expedient in the interests of the public or of the Institute, or that a registered trainee has at any time been guilty of an act or default of such a nature as might render him unfit to become a member, shall make such complaint in the first instance to the Registrar.

(2) For the purposes of this and section 31, the expression "registered trainee" includes any person who has at any time entered into a contract of training with a member, and whose contract has been registered in accordance with the rules of the Institute, but who has not yet been admitted to full membership.

(3) Every such complaint (other than a complaint made by a court) shall be in writing and shall be supported by such statutory declarations as the Registrar may require.

(4) Where the Registrar has received any complaint as aforesaid or where facts are brought to his knowledge which satisfy him that there may be grounds for such a complaint, it shall be the duty of the Registrar to lay such complaint or facts, as the case may be, before the Investigation Committee which shall investigate the matter and determine whether or not it is to be referred to the Disciplinary Committee.

(5) For the purposes of any such investigation, the Investigation Committee may-

(a) call upon or employ any person to make whatever preliminary inquiries it deems necessary;

(b) require the production for inspection by the Investigation Committee or any person so employed of any books, documents or papers which may relate to or be connected with the subject matter of the investigation; and

(c) require the member concerned, or the registered trainee, as the case may be, to give all information in relation to any such books, documents or papers which may be reasonably required by the Investigation Committee or by the person so employed.

(6) Any member or any registered trainee who, without lawful excuse, refuses or fails to produce to the Investigation Committee or to any person whom the Committee may employ for the purposes of the investigation any book, documents or papers required of him as aforesaid or fails to give any such information relating thereto shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding $200.

(7) Before any investigation begins in respect of any matter-

(a) the Registrar shall post or deliver to the member or registered trainee concerned-

(i) copies of the written complaint, if any, and of all statutory declarations that have been made in support of the complaint; and

(ii) a notice setting out any further particulars that may be necessary to disclose the reason for the investigation and inviting the member or the registered trainee concerned, as the case may be, within such period (not being less than 14 days) as may be specified in the notice, to give to the Registrar any written explanation he may wish to offer and to advise the Registrar if he wishes to be heard by the Investigation Committee; and

(b) the Investigation Committee shall allow the time specified in the notice to elapse and shall give the member or the registered trainee concerned, as the case may be, reasonable opportunity to be heard if he so desires and shall give due consideration to any explanation he may make:

Provided that, with the consent of the member or registered trainee, the time allowed may be reduced.

(8) If, on considering any complaint, the Investigation Committee is of the opinion that there is no prima facie case made against the member or the registered trainee concerned, as the case may be, the Committee shall dismiss the complaint, and the Registrar shall inform the parties concerned accordingly.

(9) When the Investigation Committee determines that any matter investigated by it under this section should be referred to the Disciplinary Committee, it shall be the duty of the Chairman of the Investigation Committee, without undue delay, to refer the matter to the Disciplinary Committee.

(10) Subject to the provisions of this Act and to the rules of the Institute, the Investigation Committee may regulate its own procedure as it deems fit.

Complaints against registered trainees

31.-(1) In the case of a registered trainee against whom a complaint has been made in accordance with section 30, the Disciplinary Committee may, after considering the report of the Investigation Committee, decide that, subject to the right of appeal given under the provisions of section 33, the trainee against whom the complaint was made –

(a) is unfit to become a member; or

(b) should be debarred, for such period as the Committee thinks fit, from applying for admission to membership; or

(c) should be reprimanded; or

(d) should, in addition to being reprimanded, be debarred, for such period as the Committee thinks fit, from all or any of the following rights-

(i) of entry for any of the Institute's examinations or of sitting examinations of a University or another association of accountants, passes in whose examinations are accepted in lieu of passes in the Institute's examinations;

(ii) of continuance of his service under a contract of training;

(iii) of use of the Institute's premises or library.

Powers of Disciplinary Committee

32.-(1) If any member of the Institute-

(a) is convicted of an offence involving dishonesty; or

(b) is judged by the Disciplinary Committee to have been guilty of grave impropriety or professional misconduct or to have been guilty of gross carelessness or gross neglect or gross incapacity in the performance of his professional duties or to have been guilty of any act or default discreditable to an accountant or to have conducted himself in such a manner as to render the exercise of the powers of the Disciplinary Committee expedient in the interests of the public or of the Institute; or

(c) is a bankrupt who has not obtained his order of discharge or whose order of discharge is suspended for a term not yet expired or is subject to conditions not yet fulfilled; or

(d) has, within the 3 years immediately preceding the date on which the Disciplinary Committee seeks to exercise the disciplinary power conferred upon it by subsection (3), individually or as a partner assigned substantially the whole of his estate for the benefit of his creditors or under an order of any court or has under any deed or instrument placed substantially the whole of his estate in the hands of an assignee or trustee for the benefit of his creditors or made any arrangements for payment of a composition to his creditors,

the Disciplinary Committee may, if it deems fit, on the matter being referred to it by the Investigation Committee and after due inquiry has been made in accordance with the rules of the Institute, exercise in respect of such member all or any of the disciplinary powers conferred upon it by subsection (3).

(2) If any member of the Institute is judged by the Disciplinary Committee to have been guilty of unprofessional conduct or of a breach of any fundamental rule of the Institute or of a breach of any by-law made by the Council under the provisions of section 28, or if any member who is a chartered accountant in public practice engages in any other business which in the opinion of the Disciplinary Committee is inconsistent with the integrity of a chartered accountant in public practice, the Disciplinary Committee may, if it deems fit, on the matter being referred to it by the Investigation Committee and after due inquiry has been held in accordance with the rules of the Institute, exercise in respect of such member all or any of the disciplinary powers conferred upon it by paragraphs (c), (d) and (e) of subsection (3).

(3) The Disciplinary Committee shall, at its discretion, have power-

(a) subject to the provisions of subsection (4), to cause the name of a member to be removed from the register and thereupon such member shall cease to be a member of the Institute;

(b) subject to the provisions of subsection (4), by writing under the hand of its Chairman, to suspend a member for any period not exceeding 5 years;

(c) by writing under the hand of its Chairman, to impose a penalty upon a member not exceeding $200:

Provided that no such penalty may be imposed under this paragraph in any case where the Disciplinary Committee is proceeding under paragraph (a) of subsection (1) or where the Disciplinary Committee is inquiring into any act or omission which constitutes an offence under any written law for which such member has been convicted by any Court and which is punishable by imprisonment or fine;

(d) by writing under the hand of its Chairman, to censure a member; and

(e) by writing under the hand of its Chairman, to order a member to pay to the Institute such sum as it deems fit in respect of costs and expenses of and incidental to any inquiry held by the Disciplinary Committee and any investigation held by the Investigation Committee.

(4) The name of a member shall not be removed from the register under paragraph (a) of subsection (3) and no member shall be suspended from membership under paragraph (b) of subsection (3) by reason of any offence committed before the date of his registration if, at that date, the Council was aware of his conviction in respect of that offence.

(5) Every monetary penalty imposed and all costs and expenses payable under this section shall be recoverable as a debt due to the Council.

(6) While any member remains suspended from membership, such member shall be deemed not to be a member but, immediately upon the expiry of his period of suspension, his rights and privileges as a member shall forthwith be restored.

(7) No decision of the Disciplinary Committee shall take effect while a member to whom the decision relates remains entitled to appeal against such decision in accordance with the provisions of section 33 or while any such appeal by him awaits determination by the Council. 

(8) The Disciplinary Committee may appoint a legal adviser who may be present at any inquiry into any matter to advise the Disciplinary Committee on all matters of law.

Notice of decision and appeal procedure

33.-(1) Every decision of the Disciplinary Committee in accordance with the provisions of sections 31 and 32 shall be reported to the Council and notice in writing of every such decision shall be given by registered post by the Registrar to any complainant other than the Council, and to the member or the registered trainee, as the case may be, against whom the complaint was made.

(2) Every such notice shall be sent to the last known address of the person concerned.

(3) Within 21 days (or such longer period as the Committee or Council may allow) after the service upon him of the notice in writing of the decision of the Disciplinary Committee, the member or the registered trainee against whom complaint was made may, by notice in writing to the Registrar stating the grounds of the appeal, appeal against that decision to the Council.

(4) On every appeal to the Council under this section-

(a) 6 members of the Council present and entitled to vote shall form a quorum; and

(b) the Council shall allow the complainant and the member or the registered trainee against whom the complaint was made a reasonable opportunity of appearing before the Council, either in person or by barrister and solicitor or by some other member, or of submitting a statement, in writing, to the Council; and

(c) the Investigation Committee shall be given an opportunity of being heard in connection with an appeal made to the Council under the provisions of this section, and the Investigation Committee may, if it so desires, be represented in any such case by a barrister and solicitor or by a member of the Investigation Committee.

(5) The Council may determine the appeal after consideration of the record of the proceedings of the Investigation Committee and the Disciplinary Committee but shall have the power to rehear any witness called before the Investigation Committee, or on special grounds and in the Council's sole discretion, to receive fresh evidence.

(6) After duly considering the appeal, the Council may affirm, vary or reverse the decision of the Disciplinary Committee.

(7) The Council shall not impose any more severe penalty than that imposed by the Disciplinary Committee, unless two-thirds of the members of the Council present vote in favour of such penalty.

(8) Notice, in writing, of every decision of the Council upon an appeal in accordance with this section shall be given by registered post by the Registrar to any complainant other than the Council, and to the member or registered trainee against whom the complaint was made. Every such notice shall be sent to the last known address of the person concerned.

PART VI - LICENSED ACCOUNTANTS

Licensed accountants

34.-(1) Notwithstanding the other provisions of this Act, every person who, on the appointed day, is in public practice as an accountant or tax consultant or an auditor but who cannot become a member of the Institute under the provisions of this Act shall be entitled to have issued to him a licence to continue so to practice if –

(a) he has been in public practice continuously since the 31 March 1971; and

(b) within 8 weeks after the appointed day, he shall send to the Registrar-

(i) an application for a licence stating his full name, the name in which his practice is conducted, and the address of the office from which he conducts his practice;

(ii) proof acceptable to the Council that he has been in public practice since the 31 March 1971. A letter from the Commissioner of Inland Revenue stating that, to his knowledge, the applicant fulfils this requirement shall be sufficient proof and such letter may be sent by the Commissioner direct to the Registrar;

(iii) a written undertaking agreeing to adhere to the rules and the by-laws of the Institute in force at the time of the issue of his licence or which may thereafter from time to time be made, as if he were a member;

(iv) a registration fee as shall be prescribed by the Institute;

(v) the first annual licence fee as shall be prescribed by the Institute.

(2) The Council shall consider such applications and shall issue a licence to any applicant who has fulfilled the requirements.

(3) The Council may appoint a Licensed Accountants Administration Committee to administer the affairs, in relation to this Part, of persons who are not members and who are practising publicly in Fiji as accountants, tax consultants or auditors or under similar designations under licence from the Council granted under the provisions of this section and the Committee shall consist of-

(a) a member of the Council;

(b) such members entitled to vote as the Council may from time to time determine; and

(c) 2 persons who have been granted a licence as a licensed accountant by the Council, who shall be elected by the licensed accountants as their representative.

(4) The Council may delegate to the Licensed Accountants Administration Committee such of its powers as it thinks fit.

(5) A licensed accountant shall be entitled to describe himself, so long as he is registered as such under the provisions of this Act, as a "Licensed Accountant, Fiji", and use the abbreviation "L.A. Fiji" after his name.

(6)

(a) A licence shall remain in force during the lifetime of the licensed accountant, unless it is cancelled, surrendered or suspended in accordance with the remaining provisions of this section.

(b) A person who has been granted a licence in accordance with the provisions of this section and who subsequently ceases to be so licensed for any reason shall thereafter forfeit any right again to be granted a licence to practise as a licensed accountant.

(7) The Council, or the Licensed Accountants Administration Committee, if authorised to do so by the Council, may refuse to license any person, or may exercise in respect of any person who is the holder of a licence all or any of the disciplinary powers conferred on it by subsection (8), if that person fails to conform with the fundamental rules and by-laws of the Institute in force from time to time, or fails to pay the annual licence fee, or upon reference to it of any decision of the Investigation Committee in respect of a complaint lodged against a person licensed under this Part.

(8) The disciplinary powers which the Council or the Licensed Accountants Administration Committee may exercise as aforesaid in respect of any such person, if it thinks fit, shall be as follows:-

(a) it may cause the licence held by the person to be cancelled;

(b) it may cause the licence held by the person to be suspended for a period not exceeding 5 years;

(c) it may impose on the person a penalty not exceeding $200: 

Provided that no such penalty may be imposed under this paragraph in respect of any act or omission which constitutes an offence for which the person has been convicted by any Court and which is punishable by imprisonment or fine;

(d) it may censure the person;

(e) it may order the person to pay to the Institute such sum as the Council or Committee thinks fit in respect of costs and expenses of and incidental to the enquiry,

(9) The provisions of section 30 shall apply to persons who are the holders of a licence under the provisions of this section as if they were members:

Provided that, in its application to the holders of such licences, section 30 shall be read as if every reference to the Disciplinary Committee were a reference to the Licensed Accountants Administration Committee, or to the Council if such a Committee has not been appointed.

(10) 

(a) The Council may, in its discretion, on the application of a licensed accountant, reduce or waive the annual licence fee for any year in the same way and for the same reasons as it may reduce or waive the annual subscription of a member.

(b) All annual licence fees shall be due and payable on 1 January in each year.

(c) Any licensed accountant who has failed to pay the annual licence fee within 10 weeks of 1 January in each year in which it became due shall cease to be a licensed accountant, unless the Council, for good and valid reason otherwise decides, and shall, on demand by the Registrar, return his licence to the Institute.

(11) A licensed accountant may surrender his licence by returning it to the Registrar with a request in writing that it be cancelled and, on cancellation by the Council, he shall cease to be a licensed accountant:

Provided that any licensed accountant whose request for cancellation of his licence shall not have been received by 31 January in any year shall remain liable for the annual licence fee in respect of that year, except that, in any case in which it may seem reasonable so to do, the Council may remit the whole or any part of such annual fee.

(12)

(a) Any person who has been issued with a licence in accordance with the provisions of this section and whose licence has been withdrawn by the Council or by the Licensed Accountants Administration Committee, or who having failed to pay his annual licence fee considers he has just grounds to have a decision made in his favour under the provisions of paragraph (c) of subsection (10), or who has been the subject of other disciplinary action in accordance with the provisions of subsection (8), may appeal to have his case reviewed by a Special Committee consisting of the President and the Vice-President of the Institute, a barrister and solicitor who has practised as such for not less than 6 years and who shall be chairman, and 1 licensed accountant, who shall not be the person elected to be a member of the Licensed Accountants Administration Committee, appointed by the Minister.

(b) Any such appeal shall be lodged with the Registrar within 21 days of the date on which the decision appealed against has been communicated to him and thereafter the right of a licensed accountant to appeal against any decision shall cease.

(13) Where a licensed accountant ceases to be a licensed accountant in accordance with the foregoing provisions of this section for any reason, the Council, after any appeal, if any, has been dealt with, may cause a statement to be published in the annual report of the Council and in such newspaper and periodicals as the Council shall think advisable of such cessation.

(14) A licensed accountant shall not be entitled to take a registered trainee.

(15) A licensed accountant shall be entitled to use the premises and library of the Institute, and to have sent to him all communications sent by the Institute to its members, but shall not attend meetings of the Institute nor vote nor take any part in any poll of members.

(16) Reference in the rules and by-laws of the Institute to a "member" or to "members" shall, where the context permits, be construed as references to a "licensed accountant" or to "licensed accountants" as may be appropriate.

PART VI - AFFILIATE ACCOUNTANTS
(Heading inserted by Act 9 of 1982, s. 7.)

Special provisions relating to affiliate accountants

34A.-(1) The Council shall appoint a committee, to be known as the Affiliate Accountants Administration Committee, to exercise such functions in relation to affiliate accountants as shall be conferred upon it by the Council.

(2) The Affiliate Accountants Administration Committee shall consist of-

(a) a member of the Council appointed by the Council, who shall be the Chairman of the Committee;

(b) 2 members of the Institute appointed by the Council, being members who are entitled to vote at meetings of the Institute but who are not members of the Council; and

(c) 2 affiliate accountants, who shall be elected on or after 30 June in each year by the affiliate accountants as their representatives.

(3) The Council may delegate to the Affiliate Accountants Administration Committee such of its powers under this Act as it thinks fit.

(4) An affiliate accountant, for so long as he is registered as such, shall be entitled to describe himself as an "Affiliate Accountant, Fiji" and to use the abbreviation "AFIA (Fiji)" after his name.

(5) Subject to the rules of the Institute, an affiliate accountant shall pay to the Institute, on registration and annually thereafter, such fees as may be prescribed by the rules of the Institute; and, where he is in arrears for 6 months or more in the payment of any such fees, the Council may remove his name from the register.

(6) The Council may, on the application of an affiliate accountant, refund, reduce or waive any fee paid or payable by him under subsection (5).

(7) The provisions of section 30 shall apply in relation to affiliate accountants as they apply in relation to members as if-

(a) for the references therein to a member, there were substituted references to an affiliate accountant; and

(b) for the references therein to the Disciplinary Committee, there were substituted references to the Council or, where the Council has delegated its powers under subsection (3) to the Affiliate Accountants Administration Committee, to the Affiliate Accountants Administration Committee.

(8) Subject to subsection (9), the Council may, upon reference to it of any decision made by the Investigation Committee in respect of a complaint lodged against an affiliate accountant under section 30, as having effect by virtue of subsection (7)-

(a) remove his name from the register;

(b) suspend his registration for a period of not more than 5 years;

(c) impose on him a penalty of not more than $200;

(d) censure him; or

(e) order him to pay to the Institute such sum as the Council thinks fit in respect of the costs and expenses of and incidental to the inquiry.

(9) A penalty shall not be imposed on any person under paragraph (c) of subsection (8) in respect of any act or omission which constitutes an offence for which he has been convicted by any court.

(10) Any penalty imposed on any person and any sum ordered to be paid by any person under subsection (8) shall be recoverable as a debt due to the Institute.

(11) While the registration of any person as an affiliate accountant remains suspended under paragraph (b) of subsection (8), he shall cease to be entitled to any rights and privileges under this Act as an affiliate accountant until the expiry of the period of suspension.

(12) A notice in writing of a decision made in the exercise of any of the powers conferred by subsection (8) in respect of any person shall be given to that person by the Registrar by registered post sent to the last known address of that person.

(13) Within 21 days (or such longer period as the Council may allow) of the service on any person of a notice of such decision, he may appeal against the decision by notice in writing served on the Registrar stating the grounds of the appeal.

(14) An appeal brought under subsection (13) shall be heard by a committee, to be known as the Affiliate Accountants Appeals Committee (hereafter in this section referred to as "the Appeals Committee"), consisting of-

(a) the President and Vice-President of the Institute;

(b) a barrister and solicitor who has practised as such for not less than 6 years, who shall be appointed by the Minister and who shall be Chairman of the Appeals Committee; and

(c) an affiliate accountant, not being a member of the Affiliate Accountants Administration Committee, who shall be appointed by the Minister.

(15) The Appeals Committee may affirm, vary or reverse the decision against which an appeal is brought under subsection (13), and notice in writing of the decision of the Committee shall be given to the appellant by the Registrar by registered post sent to the last known address of the appellant.

(16) An affiliate accountant may at any time, by notice in writing served on the Registrar, tender his resignation as an affiliate accountant and, unless the Council has refused to accept his resignation under subsection (17), the Registrar shall remove his name from the register.

(17) The Council may refuse to accept the resignation of an affiliate accountant, if-

(a) it has reason to believe that he has been guilty of conduct, or that circumstances exist, to justify the removal of his name from the register; or

(b) it is aware that any matter concerning him is under investigation or inquiry in pursuance of section 30; or

(c) he is indebted to the Institute in respect of any fees or other sums payable by him under this Act.

(18) A person whose name has been removed from the register under subsection (16) may apply for the reinstatement of his name in the register as an affiliate accountant, and his name may be reinstated as such in the register upon such terms and conditions as the Council may deem necessary to impose and upon his giving such information and explanation as the Council may require.

(19) Where a person ceases for any reason to be an affiliate accountant, the Council may cause a statement to be published in such manner as it thinks fit that he has ceased to be an affiliate accountant.

(20) An affiliate accountant shall not employ a registered trainee under a contract of training.

(21) An affiliate accountant shall be entitled to use the premises and library of the Institute, to have sent to him all communications distributed by the Institute to its members generally and to attend and speak, but not to vote, at any meeting of the Institute. 

(Inserted by Act 9 of 1982, s. 7.)

PART VII - OFFENCES AND PENALTIES

Holding out as provisional member or chartered accountant or licensed accountant

35. No person, unless he is registered or licensed as such under this Act, shall-

(a) hold himself out to be a chartered accountant, provisional member, licensed accountant or affiliate accountant;

(b) adopt, use or exhibit the terms "chartered accountant of the Fiji Institute of Accountants", "provisional member of the Fiji Institute of Accountants", "licensed Accountant of the Fiji Institute of Accountants" or "affiliate accountant of the Fiji Institute of Accountants",

and no person, unless he is registered or licensed under this Act, shall adopt, use or exhibit the term "accountant" or any other similar term or name in such circumstances as to indicate, to be capable of being understood as indicating or to be likely to lead persons to infer that he is a chartered accountant, provisional member, licensed accountant or affiliate accountant of the Institute. 
(Substituted by Act 9 of 1982, s. 8.)

Holding out as chartered accountant in public practice or auditor or tax consultant

36. After 56 days after the appointed day, a person who is not for the-time being registered under the provisions of this Act and is not the holder of a valid certificate of public practice-

(a) shall not practise as a chartered accountant in public practice, or as an auditor or tax consultant; or

(b) shall not hold himself out as a chartered accountant in public practice, or an auditor or a tax consultant; or

(c) shall not adopt, use or exhibit the term "chartered accountant in public practice", or "auditor" or "tax consultant"; or

(d) shall not adopt, use or exhibit the term "accountant" or any other similar term or name in such circumstances as to indicate or to be capable of being understood as indicating or to be likely to lead persons to infer that he is a chartered accountant in public practice or that he is qualified by any written law to practise the profession of or is in practice as a chartered accountant in public practice:

Provided that nothing in this section shall prevent-

(i) a barrister and solicitor from carrying on the work of a tax consultant;

(ii) a person who is registered under the provisions of section 34 as a licensed accountant from carrying on any practice in which he was professionally engaged immediately prior to the appointed day;

(iii) any person from practising publicly and describing himself as a secretary, book-keeper or cost consultant, or under other designation not associated with or conveying the impression that he is an accountant or auditor;

(iv) a member of a club, institution or association which is not carried on with a view to profit, or any person, acting as auditor of the club, institution or association, in any honorary capacity;

(v) any person acting as auditor of any society or other organisation specified by the Minister by order published in the Gazette:

Provided that the Minister may, in such order, specify the period for, and the conditions upon, which such exemption may continue in force.

Accountancy appointments not to be held except by accountants registered under Act

37.-(1) After the appointed day, notwithstanding anything contained in any written law, but subject to the provisions of section 36, no person shall hold any appointment under the provisions of any written law as an accountant or auditor whether such appointment is honorary or not, unless he is registered as a member under this Act otherwise than as a provisional member.

(2) Subject to any provision to the contrary in any written law, a firm of which all the members are registered or registrable as chartered accountants under this Act may be appointed as an accountant or auditor under the provisions of any written law.

(3) Subject to the provisions of subsection (1), no certificate or other document required by any written law to be signed or certified by an accountant shall, after 11 February 1972, be valid unless signed or certified by a chartered accountant in public practice registered under the provisions of this Act or any other accountant who is approved by the Council.

All members of firm practising in Fiji to be registered

38. Subject to any provision to the contrary in any written law, no firm shall be entitled to take or use the name or title of chartered accountants, public accountants or registered accountants or accountants (either alone or in combination with any other word or words) unless-

(a) every partner of such firm who is practising in Fiji is registered under the provisions of this Act;

(b) every partner who is not so practising possesses the qualifications which would enable him to be registered under the provisions of this Act; and

(c) either 1 partner of the firm is resident in and practising in Fiji or the Fiji office of that firm is under the control of a person who is resident in Fiji and is registered under the provisions of this Act.

No remuneration recoverable in respect of certain appointments

39. No person shall be entitled to recover any expenses or remuneration for or in respect of any of the appointments set out in section 37 and made after the appointed day unless such person has been registered under this Act.

Public officers

40. The provisions of sections 37 and 39 shall not apply to the Auditor-General or to any public officer authorised by him or to any public officer or any officer of any statutory authority in the exercise of their powers or in the performance of their official duties.

Penalty for certain offences

41. Any person contravening the provisions of sections 35, 36, 37, 38 or 39 shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding $400 or to imprisonment for a term not exceeding 1 year and on a second or subsequent conviction to a fine not exceeding $800 or to imprisonment for a term not exceeding 2 years in respect of every such offence.

Evidence of registration or licensing

42.-(1) The list of names of persons included in the register a copy of which is published in the Gazette under the provisions of subsection (3) of section 19 shall be evidence in all cases before any court (unless the contrary be made to appear) that the persons named in such list are registered or licensed under the provisions of this Act and the absence of the name of any person from such copy shall be evidence (unless the contrary be made to appear) that such person is not registered or licensed under the provisions of this Act.

(2) Notwithstanding the provisions of subsection (1), a certified copy under the hand of the Registrar of the entry of the name of a person in the register shall be evidence that such person is registered under the provisions of this Act and a certificate under the hand of the Registrar that the name of a person is not included in the register or has been removed from the register shall be evidence of non-registration or non-licensing or removal as the case may be.

Acts by body corporate or firm implying accountancy qualifications

43.-(1) Any act done by a body corporate or by any director, officer or servant thereof of such a nature or in such a manner as to be calculated to imply that the body corporate is a chartered accountant in public practice shall be an offence under this Act and such body corporate shall be liable, on conviction, to a fine not exceeding $400 and, where such act is done by a director, officer or servant of such body corporate, such director, officer or servant thereof shall also be liable, on conviction, to a fine not exceeding $200.

(2) Where any firm does any act which in the case of a person would be an offence under any provision of this Act, every member of such firm shall be deemed to have committed such offence, unless he proves that he was unaware of the commission of such act.

Fraudulent practices in relation to registration

44. Any person who-

(a) procures or attempts to procure registration or a certificate of registration under this Act by knowingly making or producing or causing to be made any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise; or

(b) wilfully makes or causes to be made any falsification in the register of the Institute; or

(c) forges, alters or counterfeits any certificate of registration issued under this Act; or

(d) uses any forged, altered or counterfeited certificate of registration under this Act knowing the same to have been forged, altered or counterfeited; or

(e) personates a member of the Institute or buys, sells or fraudulently obtains a certificate of registration issued under this Act,

shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding $100 or to imprisonment for a term not exceeding 6 months.

General penalty

45. Any person who commits an offence against the provisions of this Act or any rules or by-laws made thereunder for which no penalty has been expressly provided shall be liable, on conviction, to a fine not exceeding $100.

Recovery of moneys by Council

46. In addition to any other method of recovery and to any other right, remedy or power vested in the Council, any sum of money whatsoever payable under this Act or any rules or bylaws made thereunder may be recoverable by the Council as a debt in any court of competent jurisdiction.

PART VIII - GENERAL

Service of notice by post

47. A certificate in writing signed by the Registrar or a member of the Council that any notice was properly addressed and posted and setting out the date of such posting shall be prima facie evidence of service thereof.

Office of the Institute

48.-(1) The Institute shall at all times keep and maintain an office and the address of such office and any change thereof shall be notified by the Council in the Gazette.

(2) All writs, plaints, notices, pleadings, orders, summonses, warrants or other written communications required or authorised or ordered to be served on or delivered or sent to the Institute or the Council shall be deemed to be duly served, delivered or sent if left at the office of the Institute.

Gifts to the Institute exempt from gift duty

49. The Institute shall be deemed to be an educational institution approved by the Minister for the purposes of the provisions of section 37 of the Estate and Gift Duties Act. 
(Cap. 203.)

Income of Institute exempt from income tax

50. The income of the Institute shall be exempt from income tax.

Controlled by Ministry of Finance

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Subsidiary Legislation

CHAPTER 259

F1JI INSTITUTE OF ACCOUNTANTS

SECTION 8 - FIJI INSTITUTE OF ACCOUNTANTS RULES
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TABLE OF PROVISIONS
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PART I - GENERAL

RULE
1. Short title
2. Admissions
3. Recognised examinations and associations
4. Membership
5. Provisional membership
6. Certificate of experience
7. Certificates of public practice
8. Admission fees
9. Annual subscriptions

PART II - THE COUNCIL

10. Meetings of Council
11. Retiring members deemed to be nominated for re-election
12. Nomination papers
13. Election of members of Council
14. Scrutineers
15. Ballot papers
16. Voting
17. Invalid votes
18. Count of votes
19. Report of scrutineers
20. Where elections to take effect
21. Resignation of members of Council
22. Removal of member of Council
23. Election of President, Vice-President and Treasurer

PART III - GENERAL MEETINGS

24. General meetings
25. Voting at meetings

PART IV - FUNDAMENTAL RULES

26. Fundamental rules
27. Non-member not to practise in name of member
28. Member not to be director, etc., of company carrying on accountancy business or to practise under trade name
29. Restriction with regard to name of practice
30. Restriction on certification of accounts
31. Relationship with barristers and solicitors
32. Commissions
33. Advertising

PART V - DISCIPLINARY PROCEDURE

34. Evidence
35. Publication of decision
36. Delivery up of certificate of membership

PART VI - REGISTERED TRAINEES

37. Registered trainees
38: Contracts of training
39. Date of execution of contract
40. Contracts to be registered
41. Assignment of contract
42. Service under contract outside Fiji
43. Assignment where principal retires, etc.
44. Registration subject to Council's approval
45. Expiry or cancellation of contract
46. Privileges of registered trainees
47. Other occupations of registered trainees
48. National service
49. Effect of decision of Disciplinary Committee

PART VII - AUDIT

50. Auditor
51. Delivery of accounts, etc., and report of auditor

PART VIII - MISCELLANEOUS

52. Bank account
53. Common seal
54. Poll of members

First Schedule - Recognised Examinations
Second Schedule - Recognised Associations
Third Schedule - Annual Subscriptions
Fourth Schedule - Registration Fee on Contract of Training
Fifth Schedule - Letter of Appointment of Proxy
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Legal Notices Nos. 136 of 1971, 174 of 1976, 
226 of 1979, 8 of 1982, 78 of 1982

PART I - GENERAL

Short title

1. These Rules may be cited as the Fiji Institute of Accountants Rules.

Admissions

2.-(1) All admissions to the Institute shall be made by the Council and every applicant for admission shall-

(a) satisfy the Council of his having fulfilled the conditions for admission set out in the Act; and

(b) produce such evidence as the Council may require of his fitness to be so admitted.

(2) Subject to the provisions of the Act, the Council may, in its absolute discretion, by resolution, at a meeting of the Council at which not less than 5 members are present, admit as a member of the Institute any person whom the Council considers to be a fit and proper person to be so admitted. (Amended by Legal Notice 78 of 1982.)

(3) The Council may delegate to a committee of not less than 5 members, to be appointed by the Council for the purpose, the powers of the Council to admit any person as a member of the Institute subject to the provisions of the Act. Subject to any limitation contained in the powers delegated to the committee by the Council, such committee may, in its absolute discretion, by resolution at a meeting of the committee in which not less than three-fourths of the members are present, admit as a member of the Institute any person whom the committee considers to be a fit and proper person. (Amended by Legal Notice 78 of 1982.)

Recognized examinations and associations

3.-(1) The examinations in accountancy conducted in Fiji by or on behalf of the Institute and those specified in the First Schedule shall be recognized examinations for the purposes of paragraph (a) of subsection (3) of section 20 of the Act.

(1A) The examinations for the Diploma in Business Studies (Accounting Option) of the Fiji Institute of Technology, or for any other qualification in accountancy which, in the opinion of the Council, is equivalent to or higher than such diploma, shall be recognized examinations for the purposes of paragraph (a) of section 23A of the Act. (Inserted by Legal Notice 78 of 1982.)

(2) The associations of accountants specified in the Second Schedule shall be recognized associations for the purposes of paragraph (b) of subsection (3) of section 20 of the Act.

Membership

4.-(1) A member of the Institute shall-

(a) upon admission to full membership, be known as a chartered accountant and be entitled, subject to the other provisions of the Act and these Rules, to describe himself as such and use the abbreviations "C.A." after his name:

Provided that each member of the Institute, when using the designation "chartered accountant" outside of Fiji to indicate his membership of the Institute, shall use the designation "Chartered Accountant (Fiji)" or the abbreviation "C.A. (Fiji)";

(b) before admission to full membership, satisfy the Council that-

(i) after passing the prescribed examination, he has had not less than 2 years' practical accounting experience under the supervision or guidance of a full member of the Institute; or

(ii) he has had not less than 5 years' practical accounting experience in the service of a chartered accountant in public practice, a department of Government, bank, or an approved undertaking, being an approved local body or an approved commercial, financial, industrial or professional or other undertaking or association so classified from time to time by the Council for the purpose of this rule; and

(iii) for not less than 12 months of the period specified in sub-paragraphs (i) and (ii), occupied 1 or more of the positions specified in items (aa) to (cc) or had experience in 1 or more of the types of duties specified in items (dd) to (ii), namely:

(aa) senior accounting or senior audit clerk in the employ of a chartered accountant in public practice, or in the employ of a firm of accountants in public practice where 1 or more of the partners are chartered accountants;

(bb) treasurer, accountant or cost accountant, or as an officer who performs those duties even though not so designated, in a department of the Government or bank or in any approved undertaking within the meaning of sub-paragraph (ii) of paragraph (b);

(cc) a managerial or administrative position held in connection with the financial affairs of a department of Government, bank or any approved undertaking within the meaning of sub-paragraph (ii) of paragraph (b);

(dd) responsibility for preparation of the final revenue accounts and balance sheet of any such approved undertaking;

(ee) audit duties (including internal audit duties) where, in the opinion of the Council, they are sufficiently comprehensive and responsible:

(ff) the investigation of accounts and financial statements for such purposes as taxation, estate and gift duty and bankruptcy;

(gg) the introduction of modern systems of accounts or modern accounting or related machines, either in the office of an employer, or on behalf of concerns specialising in the installation of systems of this kind;

(hh) accountancy work in connection with the investigation of economic trends in any major primary or secondary industry, or in connection with the reorganising of any major industry; and

(ii) other accounting or related work not otherwise specified in this sub-paragraph which calls for the exercise of appropriate professional knowledge and skill which, in the opinion of the Council justifies his admission; and

(c) be known as provisional member, if he has passed the examination in accountancy referred to in paragraph (1) of rule 3 but has not acquired such practical experience as may be prescribed by these Rules. 

(2) A provisional member, who has acquired the requisite practical experience, shall, subject to the provisions of rule 3, be entitled to apply for full membership of the Institute:

Provided that –

(a) the 12 months' experience specified in sub-paragraph (iii) of sub-paragraph (b) of paragraph (1) shall be within the period of 3 years immediately prior to the date of the candidate's application for membership or provisional membership; and

(b) the Council shall be empowered in its discretion to accept practical experience other than in an undertaking approved under the provisions of sub-paragraph (b) of paragraph (1), if such experience has been under the supervision of a responsible official approved for the purpose of the Council.
(Amended by Legal Notice 78 of 1982)

Provisional membership

5. Any member who has been registered as a provisional member shall, so long as he is so registered, only be entitled so to describe himself.

Certificate of experience

6. Any member of the Institute may, in the discretion of the Council, on application, obtain a certificate from the Institute that he has fulfilled the practical experience requirements specified in these Rules.

Certificates of public practice

7. (1) Certificates of public practice shall only be issued by the Council at a meeting at which at least 3 chartered accountants in public practice are present.

(2) A certificate of public practice shall be issued by the Council to a member who satisfies the Council that he meets the following requirements:-

(a) is a fit and proper person to offer accounting services to the public and is normally resident in Fiji; and

(b) has had not less than 2 ½ years acceptable practical experience in the office of a chartered accountant in public practice after passing the required examinations, or has successfully completed a contract of training with a charted accountant services to the public; and

(c) is holding himself out as offering accounting services to the public and maintains a suitable office from which to practise:

Provided that – 

(i) the council may by a three-fourths majority reduce or dispense with the requirement contained in sub-paragraph (b), if it is satisfied that such a course would be in the interests of the public and of the profession;

(ii) any member who considers any practical experience requirements, whether under sub-paragraph (b) or paragraph (i) of this proviso, to be unreasonable may appeal to the Practical Experience Appeal Committee whose decision shall be final and shall be acted on by the Council;

(iii) any person who is a member in good standing of 1 of the associations of accountants specified in the Second Schedule and who has been the holder of a valid certificate of public practice or its equivalent permitting him to carry on the practice of offering accounting services to the public, issued by such association, shall, upon production of appropriate credentials to this effect from such association, be deemed, for the purposes of this rule, to have satisfied the provisions of sub-paragraph (b);

(iv) any person who, on the appointed day, was normally resident in Fiji and was the holder of qualifications which would have entitled him to apply to be registered under the provisions of the Public Accountants Ordinance repealed by the Act shall, at any time, be entitled to be issued with a certificate of public practice, notwithstanding the provisions of sub-paragraph (b), provided the Council is satisfied he is a fit and proper person to offer accounting services to the public and is normally resident in Fiji; (Cap. 233. 1967 Edition.)

(v) any person who proves to the satisfaction of the Council that, on the appointed day, he was normally resident in Fiji and he was a bona fide student studying for his professional accountancy examinations shall, if he completes such examinations within 5 years after the appointed day and makes application for the issue of a certificate of public practice after the day on which he is registered as a full member of the Institute, be entitled to be issued with such a certificate, notwithstanding the provisions of sub-paragraph (b), if the Council is satisfied that he is a fit and proper person to offer accounting services to the public;

(vi) the Council may dispense with the requirement of having to maintain a suitable office from which to practise in any case where it considers it appropriate so to do. (Amended by Legal Notice 78 of 1982.)

(3) No member of the Institute shall have the right to offer accounting services to the public under the designation "chartered accountant" or under any other designation, unless he is the holder of a certificate of public practice.

(4) For the purposes of this rule, accounting services shall be deemed to include the offering of all the services offered by a chartered accountant in public practice, including, inter alia, the offering of taxation, estate planning and management advisory services or any other service which the Council may resolve is deemed to be included from time to time, but shall not include services such as the undertaking of honorary church and social audits or appointments, family arrangements, or trusteeships.

(5) The holder of a certificate of public practice may surrender such certificate at any time and shall not thereafter be permitted to offer accounting services to the public, unless he obtains in accordance with the provisions of this rule a further certificate of public practice.

Admission fees

8.-(1) The following fees shall be payable on admission as a member or a provisional member:-

(a) on admission to full membership, the sum of $12, less the sum of $5 being part or the whole of the admission fee paid under sub-paragraph (b);

(b) on admission as a provisional member, the sum of $5.

[(2) * * * * * (Repealed by Legal Notice 78 of 1982.)]

[(3) * * * * * (Repealed by Legal Notice 78 of 1982.)]

(4) In the case of any person residing in Fiji on the appointed day who applies for admission to membership to the Institute, such person may, at the option of the Council, be permitted to spread the amount of the admission fee payable by him over a period of 3 years by means of equal annual instalments. Should the person so admitted leave Fiji permanently before the expiration of the period over which such instalments are being paid, he shall not be called upon to pay any further instalment beyond that due for the year in which he leaves Fiji.

(5) Where any member-

(a) who has resigned from the Institute; or

(b) whose name has been struck off the register for his failure to pay his subscription and who has failed to apply to be reinstated within 12 months of the date of his name being struck off the register,

is re-admitted to the Institute, such member shall be liable to pay the admission fees payable under the provisions of paragraph (1).

(6) Subject to the preceding provisions of this rule, any person who is admitted as a member of the Institute and who fails to pay the admission fees payable under the provisions of paragraph (1) within 2 months of his being notified in writing that he has been admitted as a member shall be required to make a fresh application for admission.

(7) The notification in writing referred to in paragraph (6) shall be deemed to have been received by the person who has been admitted as a member of the Institute, if posted by ordinary mail or despatched by messenger to the address stated in his application for admission.

(8) A person who applies for the grant of a licence to practise as a "licensed accountant" under the provisions of section 34 of the Act shall pay a registration fee of $12.

(9) The registration fee payable by an affiliate accountant under subsection (5) of section 34A of the Act shall be $12. (Inserted by Legal Notice 78 of 1982.)

(10) An affiliate accountant shall not be liable to pay a registration fee under sub-section (5) of section 34A of the Act in respect of his re-registration as an affiliate accountant. (Inserted by Legal Notice 78 of 1982.)

Annual subscriptions

9.-(1) The class of person specified in the first column of the Third Schedule shall pay to the Institute the annual subscription set out in the second column of such Schedule:

Provided that, in the case of a member who is admitted after 1 July in any year, such member shall pay only half the subscription that is payable for the year under the provisions of this paragraph.

(2) The annual subscription payable under the provisions of paragraph (1) shall-

(a) become due on 1 January in each year and shall be payable within 30 days of that date;

(b) in the case of a person who is admitted as a member after 1 January, become due on the date of admission and shall be payable within 30 days of the date of his being notified in writing of his admission; and 

(c) in the case of a person registered as an affiliate accountant after 1 January, become due on the date of registration and shall be payable within 30 days of the date of his being notified in writing of his registration. (Amended by Legal Notice 78 of 1982.)

(3) Notwithstanding the removal of the name of any member from the register under the provisions of subsection (3) of section 25 of the Act, for failure to pay the annual subscription, such member shall be liable to pay--

(a) the annual subscription; and

(b) such other moneys,

that were due to the Institute before his name was removed from the register.

(4) The Council may restore the name of a member to the register in accordance with the provisions of subsection (4) of section 25 of the Act on payment of a penalty of 50 cents for every month the subscription was not paid after it was due.

(5) A person who applies for the grant of licence to practise as a licensed accountant under the provisions of section 34 of the Act shall pay an annual licence fee as specified in the Third Schedule.

(6) The Council may, in its discretion, on the application of any member or any licensed accountant, reduce, or waive the annual subscription or licence fee payable for any year by such member of licensed accountant, if he-

(a) is not less than 60 years of age and has been a member of the Institute or of an association of accountants which is recognized by the Institute for not less than 30 years; and

(b) has retired from practice and other business activities; or

(c) in the case of a licensed accountant, he is not less than 60 years of age and has retired from practice and other business activities.

(7) In special cases the Council may, in its discretion, reduce or waive the annual subscription or licence fee, notwithstanding that the conditions specified in paragraph (6) are not fulfilled.

(8)

(a) Where a person who has been a full member of the Institute ceases to reside in Fiji, he may continue his membership as an overseas member and as such pay a reduced annual subscription as provided in the Third Schedule.

(b) As an overseas member, he shall not be regarded as a person entitled to vote for the purposes of these Rules, but shall be entitled to have sent to him all notices and other communications sent to full members.

PART II - THE COUNCIL

Meetings of Council

10-(1) The Council may meet as often as it deems necessary, but it shall, in any case, meet at least once in every 3 months to discuss the management and affairs of the Institute.

(2) A meeting of the Council, other than the first meeting of the Institute may be called-

(a) on the order of the President;

(b) in the absence of the President from Fiji, or in the event of the President's incapacity through illness or the office of the President being vacant, on the order of the Vice-President; or

(c) by the Registrar, at the request in writing, addressed to the Registrar, of 4 members of the Council.

(3) The Registrar shall cause a notice of every ordinary meeting and every emergency meeting to be sent to all members of the Council. Such notice shall specify the date, time and place for the holding of such meeting, and the business to be transacted at such meeting. At least 6 clear days' notice of every ordinary meeting and at least 2 clear days' notice of every emergency meeting shall be given to members of the Council. Such notice shall be deemed to have been received if posted by ordinary mail or despatched by messenger to the address of the member as stated in the records of the Council.

(4) The person presiding at a meeting of the Council shall have the right to vote on any question coming before or arising at any meeting of the Council.

(5) All questions coming before any meeting of the Council shall be decided by a majority of the votes of the members present and voting thereon; and, in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.

(6) The quorum at all meetings of the Council shall be 5, and no business shall be transacted unless a quorum is present. (Amended by Legal Notice 78 of 1982.)

(7) Subject to the provisions of these Rules, the chairman of any meeting of the Council may, with the consent of the meeting, adjourn the meeting from time to time and from place to place, but no business, other than the business which has been left unfinished at the meeting which was adjourned, shall be transacted at the adjourned meeting. No notice shall be required to be given of an adjourned meeting, unless such notice has been required to be given by the resolution which adjourned the meeting.

Retiring members deemed to be nominated for re-election

11. Every member of the Council who retires under the provisions of subsection (3) of section 9 of the Act, shall, unless he has signified to the Registrar his desire not to offer himself for re-election, or unless he is disqualified, be deemed to be duly nominated for re-election.

Nomination papers

12.-(1) Subject to the provisions of rule 11, a member shall not be qualified to be elected a member of the Council, unless a nomination paper, in such form as may be directed by the Council, is lodged with the Registrar not less than 14 days before the annual general meeting. (Amended by Legal Notice 78 of 1982.)

(2) The nomination paper shall be signed by 5 members entitled to vote at the election and by the person proposed for nomination, consenting to the nomination.

Election of members of Council

13.-(1) Nominations shall be called for a sufficient number of candidates to fill the vacancies which require to be filled in each category of membership of the Council and, if the number of persons nominated for election, including retiring council members to whom the provisions of rule 11 apply, is not more that the number of vacancies to be filled, then the persons so nominated shall be deemed to have been elected as members of the Council.

(2) If the number of candidates nominated for election, including retiring Council members to whom the provisions of rule 11 apply, for either or both of the categories (a) and (b) of membership of the Council exceeds the number of vacancies which exist in those categories, then those candidates who fail to secure election to the vacancies in category (a) or (b) shall be deemed to have been nominated to fill the vacancies in category (a) or (b) shall be deemed to have been nominated to fill the vacancies in category (c) of the membership of the Council. (Amended by Legal Notice 78 of 1982) 

(3) Each member entitled to vote shall be allowed to cast 1 vote only for each candidate duly nominated for election and not more votes in aggregate than there are vacancies to be filled.

Scrutineers

14.- (1) The Council shall, in any case when an election is necessary under paragraph (2) of rule 13, appoint 2 scrutineers of whom not more than 1 may be a member of the Council.

(2) If, by death or refusal or incapacity, the number of scrutineers is less than 2, the Council may appoint a member to fill the vacancy.

Ballot papers

15.- (1) The Registrar shall not less than 7 clear days before the annual general meeting, cause the appropriate ballot paper, together with an envelope, to be posted to each member qualified to vote (Amended by Legal Notice 78 of 1982)

(2) The ballot paper may be accompanied by brief biographical details of each candidate.

Voting

16. Every member who voted shall –

(a) leave uncancelled the name of every candidate for whom he desires to vote;

(b) strike out the name of every candidate for whom he does not wish to vote;

(c) seal the ballot paper in the envelop provided, and endorse his full name and his signature on the envelope; and

(d) place the sealed envelope in the appropriate ballot box at the annual general meeting.

Invalid votes

17. Any ballot paper which –

(a) leaves uncancelled more names than the number of vacancies to be filled; or

(b) has been placed in the ballot box without complying with the provisions of paragraph (c) of rule 16,

shall be invalid.

Count of votes

18. – (1) The scrutineers shall, as soon as may be after the members have had an opportunity to place the sealed envelope in the appropriate ballot boxes – 

(a) open the ballot boxes and examine the envelopes to ascertain whether the provisions of paragraph (c) of rule 16 have been complied with; and

(b) open the sealed envelopes which have complied with the said provisions and count the valid ballot papers.

(2) The scrutineers shall inform the chairman of the meeting of the results of the election, who shall make an announcement of the results of the election at the annual general meeting.

(3) If there is any equality of votes, the chairman may give such casting vote as may be necessary to remove the equality and complete the election.

Report of scrutineers

19.-(1) The scrutineers shall make and sign a report in which they shall state-

(a) the total number of ballot papers found in the ballot boxes, the number rejected, and the grounds for rejection;

(b) the total number of votes in favour of each candidate; and

(c) the names of those duly elected.

(2) Such report shall be handed to the Registrar not later than 10 days after the annual general meeting.

(3) Such report shall, until otherwise proved to the contrary, be sufficient evidence of the elections.

Where elections to take effect

20. The elections under these Rules shall take effect from the conclusion of the annual general meeting.

Resignation of members of Council

21. A member of the Council may resign his office by notice, in writing, addressed to the President and such resignation shall take effect upon its acceptance by the Council.

Removal of member of Council

22. The persons entitled to vote to elect members of the Council may, at any time, by a resolution passed by ballot by two-thirds of these entitled to vote at a general meeting, remove any member of the Council elected under the provisions of subsection (2) of section 9 of the Act from his office before the expiration of his period of office:

Provided that no such resolution may be moved without giving the member of the Council concerned notice, in writing, at least 14 days before the general meeting, of the intention to move a resolution.

Election of President, Vice-President and Treasurer

23.-(1) The election of the President and the Vice-President of the Institute shall, in each alternate year, and of the Treasurer in each year, commencing with the year 1971, be the first business to be transacted at the first meeting of the Council after the annual general meeting.

(2) Any member of the Council having first ascertained that a member of the Council who is to be proposed as the President, the Vice-President, or the Treasurer of the Institute, as the case may be, is willing to serve, if elected, may propose such member as the President, the Vice-President or the Treasurer, as the case may be. The proposal shall be required to be seconded, but no debate shall be allowed on such proposal.

(3) If only 1 member of the Council is proposed as the President, the Vice-President or the Treasurer of the Institute, as the case may be, such member shall be declared by the person presiding at the meeting to have been elected as the President, the Vice-President or the Treasurer of the Institute, as the case may be.

(4) If more than 1 member of the Council is proposed as the President, the Vice-President or the Treasurer of the Institute, as the case may be, the Council shall proceed to elect the President, the Vice-President or the Treasurer of the Institute as the case may be, by ballot.

(5) In the event of any casual vacancy arising in the case of the office of Treasurer of the Institute, the Council shall, at its next meeting or as soon as may be thereafter, elect 1 of its members to fill such vacancy.

PART III - GENERAL MEETINGS

General meetings

24.-(1) General meetings of the Institute may be held as often as the Council deems necessary, but the Council shall, in any case, convene an annual general meeting before 30 June in each year. (Amended by Legal Notice 78 of 1982.)

(2) The Council shall call a general meeting of the Institute within 14 days of the date of the receipt of a written request by not less than one-third of the members of the Institute entitled to vote requesting the convening of a general meeting. Such a request shall not be required to be complied with, unless the reasons for the convening of the general meeting are set out in the request. 

(3) The Council shall cause a notice of every general meeting and of every annual general meeting of the Institute to be sent to all members of the Institute and all affiliate accountants. Such notice shall specify the date, time and place for the holding of such meeting and the business to be transacted thereafter. At least 28 clear days of notice of every general meeting and of every annual general meeting shall be given to the members and affiliate accountants, and shall be deemed to have been received if posted by ordinary mail or despatched by messenger to the address of the member or affiliate accountant, as the case may be, as stated in the records of the Institute. (Amended by Legal Notice 78 of 1982.)

(4) A member or affiliate accountant wishing to propose, before the annual general meeting of the Institute, any motion shall be required to give notice of such motion to the Registrar at least 21 days before the date of the annual general meeting. No motion shall be discussed at any annual general meeting of the Institute, unless the required notice has been given. (Amended by Legal Notice 78 of 1982.)

(5) The President of the Institute shall preside at all meetings of the Institute. In the absence of the President of the Institute at any meeting of the Institute, the Vice-President of the Institute shall preside and, in the absence of the President and the Vice-President of the Institute at any such meeting, the members present who are entitled to vote at the meeting shall elect a chairman from amongst the members present who are entitled to vote.

(6) The quorum at all meetings of the Institute shall be one-third of the total number of members who are entitled to vote and no business shall be transacted unless a quorum is present.

(7) All questions coming before or arising at any meeting of the Institute shall be decided by a majority of members present who are entitled to vote and who vote thereon at the meeting of the Institute and, in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.

Voting at meetings

25.-(1) A member, other than a provisional member, shall be entitled to 1 vote on any question coming before or arising at any meeting of the Institute.

(2) A member other than a provisional member, shall be entitled, at any meeting of the Institute, to vote either personally or by proxy.

(3) The following conditions shall apply to the appointment of a proxy:-

(a) the form of proxy shall be as set out in the Fifth Schedule;

(b) the form of proxy shall be signed in the presence of another member who is entitled to vote or in the presence of a person who is a member of 1 of the associations specified in the Second Schedule;

(c) no person, who is not entitled to vote at a meeting of the Institute, shall be appointed as a proxy;

(d) the proxy may be appointed for a specified period or for a specified meeting and any adjournment of such meeting; and

(e) the proxy shall not be entitled to vote at a meeting of the Institute, unless the letter of appointment has been deposited at the registered office of the Institute not less than 48 hours before the date and time fixed for the meeting.

PART IV - FUNDAMENTAL RULES

Fundamental rules

26.-(1) Rules 27 to 33, which are fundamental rules, shall regulate the practice of the profession of accountancy by members.

(2) Every member, whether admitted before or after 5 November 1971, shall undertake to observe the said fundamental rules of the Institute and any amendments thereto.

Non-member not to practise in name of member

27. No member shall allow any person, firm or corporation, not being a member of the Institute, to practise in his name as a chartered accountant.

Member not to be director, etc., of company carrying on accountancy business or to practise under trade name

28. No member or provisional member of the Institute shall be a director or a shareholder in a company incorporated under the Companies Act or any Act repealing and replacing such Act or any other written law, being a company which carries on a business of accounting or auditing nor shall he use a trade or association name under which to practise the profession. (Cap. 247.)

Restriction with regard to name of practice

29. A member shall not, without the written consent of the Council, practise publicly as an accountant alone or in partnership or association under a business or firm name other than his own name or that of his partner or partners or that of a person or persons presently or formerly associated with any practice to which he or any of his partners has succeeded or in which he has any interest or for which he carries out or has carried out professional work.

Restriction on certification of accounts

30. No member shall certify or report on accounts verified by a person other than a member of his firm or of his staff, unless such other person is a member of the Institute or is a person who is a member of 1 of the associations recognized under paragraph (2) of rule 3.

Relationship with barristers and solicitors

31. No member shall, directly or indirectly, allow or agree to allow any barrister and solicitor to participate in the profits of the member's professional work or accept or agree to accept any part of the profits of the professional work of a barrister and solicitor or any commission or bonus thereon.

Commissions

32. No member shall, directly or indirectly, accept or agree to accept from an auctioneer, broker of other agent employed for the sale or letting of or otherwise in dealing with any real or personal property in the management, administration, or disposal whereof the member or his partner or any of his partners is engaged, any part or proportion of or any commission or bonus on the charges payable to the auctioneer, broker, or agent, which is in the nature of a secret commission.

Advertising

33. No member shall advertise by any means or in any manner as engaging in the public practice of accountancy except as otherwise permitted in the by-laws of the Institute.

PART V - DISCIPLINARY PROCEDURE

Evidence

34.-(1) The Disciplinary Committee may receive in evidence any statement, affidavit, declaration, document, information or matter that, in the opinion of the Disciplinary Committee, may assist it to deal effectively with the matters before it, whether or not the same would otherwise be admissible in a court of law.

(2) For the purposes of section 32 of the Act, a certificate containing the substance of the conviction of an offence purporting to be signed by the Chief Registrar of the Supreme Court or other officer having the custody of the records of the court by which the offender was convicted shall be sufficient evidence of that conviction without proof of the signature or official character of the person appearing to have signed the certificate.

(3) Paragraph (1) shall apply in relation to an affiliate accountant in all respects as if, for the references therein to the Disciplinary Committee, there were substituted a reference to the Council, or to the Affiliate Accountants Administration Committee, exercising the powers of the Council under subsection (7) of section 34A of the Act. (Inserted by Legal Notice 78 of 1982.)

Publication of decision

35. When the Disciplinary Committee exercises any of its disciplinary powers in respect of any person and its decision has taken effect, the Council-

(a) may publish the decision of the Disciplinary Committee in the Gazette and the press; and

(b) may publish such decision in any official publication of the Institute.

Delivery up of certificate of membership

36. In the event of the name of a person being removed from the register or of a person being suspended from membership or provisional membership of the Institute, the certificate of membership or provisional membership, as the case may be, shall be delivered up by him to the Registrar to be cancelled or retained during his suspension, as the case may be.

PART VI - REGISTERED TRAINEES

Registered trainees

37.-(1) A member who is a chartered accountant in public practice in Fiji, or a member who is a chartered accountant and who holds an approved position in commerce or industry in Fiji, shall be entitled to take registered trainees.

(2) For the purpose of paragraph (1), an approved position shall be as determined by the full Council on application from the member holding the position. The decision of the Council in this respect shall be final.

(3) A contract of training shall be in accordance with the by-laws made under the provisions of the Act but shall determine principally the scope of training and study concessions under which the trainee named is employed, and shall include the duration of the contract of training.

(4) No member shall take as a registered trainee any person who is under 17 years of age.

(5) The maximum number of trainees who may be registered at any 1 time with 1 employer shall be 4, except that a member in public practice may register a maximum of 2 additional trainees for each full member employed by him in his practice.

Contracts of training

38.-(1) Except as otherwise provided in these Rules, the period of service under a contract of training shall be 5 years.

(2) Subject to the provisions of paragraph (4), where, before the beginning of his period of service under contract of training, a candidate has been employed-

(a) in the practice of a member of the Institute who is a chartered accountant in public practice; or

(b) in the practice outside Fiji of an accountant who is a member of an approved Association of Accountants,

the Council may, having regard to all the circumstances of the case, at its discretion, allow the period of service under a contract of training to be reduced by not more than one half of the duration of such employment after attaining the age of 17 years.

(3) Subject to the provisions of paragraph (4), where, prior to the execution of his contract of training, a candidate has taken a university degree, which has been approved for this purpose by the Council, which has involved full-time attendance at an university for not less than 3 academic years, the period of the contract of training shall be reduced by not more than 2 years.

(4) The period contract of training shall not be reduced, by the operation of paragraphs (2) and (3), to less than 3 years in any case.

(5) Where a registered trainee during the period of his training elects, with the permission of his principal, and with the approval of the Council, to take a degree course at an university involving full-time attendance at such university, the Council may, in its discretion, if the degree is awarded, grant such reduction in the period of the contract of training as the Council thinks fit, but so that, in no such case, shall the amount of such reduction exceed the reduction that would have been permissible if the degree has been taken before the execution of the contract of training.

Date of execution of contract

39. No traineeship shall be served except under a regular contract of training which must be executed within 6 months after the commencement of the period of service therein specified in such form as shall from time to time be prescribed, and no contract of training shall be executed until after the trainee named therein has established his preliminary qualification for traineeship.

Contracts to be registered

40.-(1) Every contract of training, with such certificates and particulars as may, from time to time, be prescribed by the Council, shall, within 1 month after its date of execution, be lodged with the Registrar for registration.

(2) The registration fees for contracts of training, which shall be deposited with the Institute on lodgement of the contract, shall be such as are specified in the Fourth Schedule.

Assignment of contract

41.- (1) With the prior approval of the Council, a contract of training may be assigned by a member to another member who is a chartered public accountant in public practice within Fiji for part of the period of training:

Provided that any such assignment shall be made under a regular deed of assignment in such form as shall, from time to time, be prescribed.

(2) Every such deed of assignment shall be executed and lodged with the Registrar for registration within 1 month after the date of assignment specified therein:

Provided that, in the case of a late lodgement, the Council shall have power on cause shown to allow as part of the time served under a contract of training the time between the last day prescribed for lodgement and the actual day of lodgement.

(3) Except as provided in this Part, no member shall permit a trainee to serve any part of the period of his service with another member.

Service under contract outside Fiji

42. The Council may, in special circumstances and in its sole discretion, authorise a trainee who has started to serve his traineeship in Fiji to serve any part of his period of traineeship outside Fiji under a deed of assignment with a member or members of the Institute practising in a country other than Fiji or of an association of accountants approved for this purpose by the Council.

Assignment where principal retires, etc.

43. Where a principal under a contract of training retires from practice, takes up residence outside Fiji, dies, or ceases to be a member, so that the full period of training under such contract cannot be completed with him, the remainder of the period may be completed under deed of assignment, or in cases where a deed of assignment is unobtainable, under a fresh contract on the registration of which no registration fees shall be payable.

Registration subject to Council's approval

44. No contract of training and no assignment thereof shall be registered without the approval of the Council and the Council may, in its sole discretion, refuse to grant approval.

Expiry or cancellation of contract

45. On the expiry or cancellation of a contract of training, such contract, together with such certificate of service, discharge, or form of cancellation as may from time to time be prescribed in the by-laws, shall be exhibited to the Registrar for registration of such expiry or cancellation.

Privileges of registered trainees

46. Every registered trainee shall, during the time of his training and for 5 years after expiry thereof, have the privilege of using the Institute's premises and libraries subject to the rules and by-laws, but he shall have no voice in the management nor any interest in the property or funds of the Institute.

Other occupations of registered trainees

47.-(1) Where a registered trainee engages in any business or occupation other than that of a trainee in the proper business, practice and employment of his principal, and it appears to the Council that such other business or occupation is detrimental to the training of the trainee, the Council may, after consideration of all the circumstances of the case, direct that the trainee shall cease to engage therein.

(2) In the event of the- non-observance of any direction given by the Council in accordance with paragraph (1), a complaint in respect thereof may be made in accordance with the provisions of section 30 of the Act.

National service

48. The Council shall have power, in its full discretion, to make concessions to any candidate for membership of the Institute who shall have been engaged in whole-time service, whether compulsory or voluntary, which, in the opinion of the Council, constitutes a form of national service:

Provided that in no case shall the period of service under a contract of training be reduced below 3 years.

Effect of decision of Disciplinary Committee

49.-(1) Where, in accordance with a decision of the Disciplinary Committee, a trainee is declared unfit to become a member of the Institute, the contract of training under which he has been serving or has served shall for, the purposes of these Rules, be deemed to be at an end and the registration thereof shall be cancelled.

(2) Upon the cancellation of the registration of a contract of training in accordance with paragraph (1), no member shall take or retain the trainee without the express permission of the Council, which permission shall be given only for special reasons and upon such terms as the Council shall, in its discretion, think fit. 

(3) On a complaint from a trainee, if the Council is satisfied that a member is not fulfilling the requirements of training as laid down by the Council, the member shall be debarred from employing trainees, and any contracts of training naming him as principal shall as soon as expedient be transferred and assigned to other members.

PART VII - AUDIT

Auditor

50.-(1) The Institute shall, at each annual general meeting, appoint from among its members an auditor to hold office from the conclusion of that meeting until the conclusion of the next annual general meeting.

(2) A member of the Council shall not be eligible for election as Auditor. 

(3) At any general meeting, a retiring auditor, however appointed, shall be re-appointed without any resolution being passed, unless-

(a) a resolution has been passed at that meeting appointing another member instead of him or providing expressly that he shall not be re-appointed; or

(b) he has given the Council notice in writing of his unwillingness to act.

(4) The Council may fill any vacancy in the office of auditor.

(5) The remuneration of the auditor shall be fixed each year by the Council.

Delivery of accounts, etc. and report of auditor

51. Not less than 28 days before each annual general meeting; the Registrar shall deliver to the auditor the accounts of the then last financial year, and the auditor shall examine those accounts and the books of the Institute and shall report thereon, not less than 21 days before the date of the meeting.

PART VIII - MISCELLANEOUS

Bank account

52.-(1) The Council shall, by resolution, authorise the Treasurer to open an account in the name of the Institute with a bank or banks named in such resolution.

(2) All moneys received by the Institute shall be paid into such account.

(3) All cheques drawn upon such account shall be signed by any 2 of the following members of the Council:-

(a) President;

(b) Vice-President;

(c) Treasurer; or

(d) a member of the Council nominated in writing by the Council in that behalf.

Common seal

53.-(1) The Registrar shall have custody of the common seal of the Institute under the control and direction of the Council.

(2) The common seal shall not be affixed to any instrument except by order of the Council. Every instrument to which the common seal is affixed shall be signed by the President or the Vice-President and countersigned by the Registrar or such member of the Council as may have been nominated in writing by the Council for the purpose.

Poll of members

54. If so required by a requisition signed by at least one-third of the members of the Institute or required by the Council or by a resolution of any general meeting of the Institute, a poll of members of the Institute may be taken on any proposal. Any such poll shall be conducted by postal vote; and so far as they are applicable the provisions of rules 14 to 20 shall apply to any such poll.

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FIRST SCHEDULE
(Rule 3 (1))

RECOGNISED EXAMINATIONS

The examinations in accountancy of the-

(a) Australian Society of Accountants,

(b) New Zealand Society of Accountants,

shall be recognised examinations for the purposes of paragraph (a) of subsection (3) of section 20 of the Act.
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SECOND SCHEDULE
(Rule 3 (2))

RECOGNISED ASSOCIATIONS

The following shall be recognised associations for the purposes of paragraph (b) of subsection (3) of section 20 of the Act:-

(a) The Institute of Chartered Accountants of Scotland;

(b) The Institute of Chartered Accountants in England and Wales;

(c) The Institute of Chartered Accountants in Ireland;

(d) The Association of Certified and Corporate Accountants of the United Kingdom;

(e) The Institute of Chartered Accountants in Australia;

(f) The Australian Society of Accountants;

(g) The New Zealand Society of Accountants;

(h) The Canadian Institute of Chartered Accountants;

(i) The Institute of Chartered Accountants of India.

THIRD SCHEDULE
(Rule 9)

(Substituted by Legal Notice 8 of 1982; amended by Legal Notice 78 of 1982.)

ANNUAL SUBSCRIPTIONS

	Class of Person	Annual Subscription
$
	
1	Chartered Accountant in public practice …...........	…………...100	
2	Chartered Accountant not in public practice …...	…………….50	
3	Provisional member………………………………	…………….20	
4	Overseas member………………………………...	…………….20	
5	Diploma holder…...................................................	……………...5	
6	Student member ….................................................	……………...5	
7	Licensed Accountant (Annual Licence Fee) …....	…………….50	
8	Affiliate Accountant…..........................................	…………….15	

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FOURTH SCHEDULE
(Rule 40)

REGISTRATION FEE ON CONTRACT OF TRAINING

	$
	
Payable upon registration of contract of training..	…………...60	
(of which one-third shall be paid by the trainee and two-thirds by the principal).		
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FIFTH SCHEDULE
(Rule 25 (3))

FIJI INSTITUTE OF ACCOUNTANTS
LETTER OF APPOINTMENT OF PROXY

I ............................................of............................................... a member of the Fiji Institute of Accountants, do hereby appoint…………………………………………………………………..
...................................................of..........................................................as my proxy to vote for me at the *annual general meeting *general meeting of the Institute to be held on the ..................................................................day of……................., 19..........

Signed by the said………………….
……………………………………..
in the presence of ………………….
………………member of the …….
of Accountants of ……………........
…………………………………….
…………………………………….
(Signature of witness)	

……………………….........
(Signature of member)	

* Delete whichever is not applicable.
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Controlled by Ministry of Finance