Members Obligation Compliance
This area highlights the obligations of a
member in ensuring compliance with the relevant by-laws of the
Institute:
General Compliance
Paragraph 15 of IES 7 prescribes that member bodies shall require each professional accountant to:
- Complete at least 120 hours (or equivalent learning units) of relevant professional development activity in each rolling three-year period, of which 60 hours (or equivalent learning units) shall be verifiable;
- Complete at least 20 hours (or equivalent learning units) of relevant professional development activity in each year; and
- Measure learning activities to meet the above requirements.
Section B110 of the Institute’s By-Laws on Professional Ethics,
Conduct and Practice (“Institute’s By-Laws”) states that all
professional accountants are required to complete at least 120 CPE
credit hours of relevant CPE learning for every rolling 3 calendar
year period, of which at least 60 CPE credit hours should be
structured and verifiable, and at least twenty (20) CPE credit hours
of such structured and verifiable CPE learning should be obtained
each calendar year.
In order to maintain professional competence and to ensure the
exercise of due care at all times, a professional accountant is
required to participate in CPE learning activities that are relevant
to his or her current and future work and professional
responsibilities. CPE requirements are applicable to all
professional accountants regardless of sector or size of business in
which they operate.
CPE learning activities are those learning activities that develop
and maintain capabilities to enable professional accountants to
perform competently within their professional environments.
Participation in CPE learning activities is therefore vital in
maintaining high standards and public confidence in the profession.
A CPE audit will be conducted by the Institute on a sample of
professional accountants who will be selected at random from the
Institute’s records. During each CPE audit, the randomly selected
professional accountants will be required to produce evidence of
their compliance with the CPE requirements and as such all
professional accountants are required to maintain records of their
compliance with the CPE requirements. Professional accountants are
required to tender the appropriate evidence of such compliance if
called upon to do so.
Online Submission
Members are required to update the event date, course title,
organiser and duration of event via online by checking “Add CPE
Hours” without the need to submit supporting documents (for example,
certificate of attendance). The Institute however, reserves the
right to request for evidence to verify any such information
provided by members. Members are also required to make a declaration
of their CPE Compliance online.
Online Declaration
Upon fulfiling the requirements for structured learning, members are
required to click ‘CPE Declaration’ to declare their compliance and
to perform the above.
Your update of the CPE events and the CPE Compliance online
declaration must be performed by 31 December of each calendar year.
Please log on HERE to ‘add CPE online’ and submit the online declaration.
The Institute views compliance with CPE requirements seriously and will take
disciplinary action against those members who wilfully fail to comply or to
respond to the Institute’s inquiries on compliance.
Practice related Compliance
Every member in public practice is required to –
- register his firm with the Institute by informing the
Institute in writing of the name and address of his or her firm
and the addresses of any branches and any other relevant
particulars requested by the Institute;
- inform the Institute of any changes in respect of the
particulars referred to in sub-paragraph (a) within one (1)
month thereafter;
- if the firm is associated with any other firm of
accountants, register such association whether local or overseas
with the Institute and this must be supported by evidence;
- upon registration of his firm with the Institute, lodge an
annual return with the Institute by 31 January of each calendar
year despite the fact that there may be no changes in
particulars to the firm.
- to state his/her firm's number immediately after or below
the firm's name, in official letters, accounts, invoices,
official notices, publications, bills of exchange, cheque,
receipts, requisition forms and other like documents issued by
the firm.
A member in public practice should not allow the member firm including any branches of the member firm to be under the management and control of a person who is not a member of the Institute. It is the duty and responsibility of a member in public practice to ensure that any branch of his or her firm is under the management and control of a member of the Institute.
Please refer to Section 500 of the Institute’s By-laws.
-
Professional Indemnity Insurance
Every member in public practice is required to
ensure that his or her firm carries and maintains a policy of
professional indemnity insurance.
Every member in public practice must maintain a policy of
professional indemnity insurance with a minimum coverage of Ringgit
Malaysia One Hundred Thousand (RM100,000.00), upon commencement of
public practice.
Proof of such coverage is required for the purpose of the annual
renewal of the member’s practising certificate pursuant to Rule 9 of
the Malaysian Institute of Accountants (Membership and Council)
Rules 2001.
Please refer to Section 510 of the Institute's By-laws.
-
Continuity of Practice in the event of death or incapacity of a Sole
Practitioner
In order to protect the own interests of a sole
practitioner as well as the interests of the clients, it is
important for the sole practitioner to enter into an arrangement
with another member or member firm as it will enable the practice to
be carried on with a minimum of dislocation in the event of
incapacity or death.
Such arrangements should be made within two (2) years from the date
the sole proprietorship was set up and should provide, so far as
possible, for the practice to be continued as a going concern until
such time as the sole practitioner recovers or the representatives
of his or her estate decide to dispose of the practice.
Please refer to Section 520 of the Institute’s By-laws.
-
Quality Assurance and Practice Review
Every member in public practice is required to
ensure that his or her firm complies with all relevant professional
standards for the purposes of assurance as to the quality of the
public practice services provided by the firm whether through that
member, his or her partner(s) and/or employees. In doing so, every
member in public practice has to ensure that the firm adopts and
applies policies and procedures designed to maintain adherence to
professional standards.
The professional standards required to be maintained, observed and
applied by a member in public practice to the extent applicable to
the type of public practice services provided by that member or the
firm, include:
- all standards and statements of professional conduct and
ethics in the form of the Institute's By-Laws in issue from time
to time;
- all approved standards whether issued by the Council or
otherwise, and all guidelines, statements and/or circulars of
best practices issued or prescribed by the Council and/or the
Institute from time to time.
The objectives of the Practice Review programme are -
- to ensure that all members in public practice maintain,
observe and apply the relevant professional standards, so as to
assure that those members in public practice, their firms and
their employees are competent, ethical, and exercise due
professional care in their professional work;
- to assist members in public practice to improve their
professional standards where necessary; and
- to identify areas where members in public practice may
require assistance in maintaining and observing professional
standards.
All members in public practice and/or member
firms are required to submit to and undergo the Institute’s Practice
Review programme as established.
The Practice Review programme will be conducted over a cycle of not
more than five (5) years or such other period as determined by the
Council in respect of member firms which are selected at random from
the Institute’s records.
Practice Review Fees
Each member in public practice and/or the member’s firm is required
to settle in full, the fees if any, in respect of the practice
review conducted pertaining to that firm including any interim fees,
as may be charged and determined by the Practice Review Committee
for that firm. Such fees are due and payable within 30 days of the
date of the invoice raised for this purpose.
The fees, if any, that are charged for the practice review are based
on hourly rates as approved by the Council on the recommendation of
the Practice Review Committee. Such fees are in respect of the time
involved in the planning, execution and reporting of the practice
review.
Please refer to Section 550 of the Institute’s by-laws.