2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

PART III
MEMBERSHIP

11.   Designation of members

Subject to article 12, from and after the establishment of the Institute, the financial members or members in good standing of—

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    (a)     the Institute of Chartered Accountants of Antigua and Barbuda;

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    (b)     the St Kitts-Nevis Association of Chartered Accountants; and

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    (c)     the Institute of Chartered Accountants of St Lucia;

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    shall become the first members of the Institute.

12.   Entitlement to membership

Notwithstanding article 11 or any Rules in force under or by virtue of this Agreement, the following persons shall, on application in writing to the Institute and on payment of such fees as may from time to time be prescribed by the Council be entitled to be registered as a member—

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    (a)     an accountant already in practice in a member state on the date of the coming into force of this Agreement who is a member of a parent body;

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    (b)     an accountant who is resident in a member state on the date of the coming into force of this Agreement, who was not then in practice but is a member of a parent body;

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    (c)     an accountant being a resident or citizen of a member state who is a member of a parent body;

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    (d)     any person who successfully passes the accountancy examinations conducted by the Institute or by some other body on behalf of the Institute for the election of chartered membership and is awarded a certificate by the Institute;

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    (e)     any other person who is granted a certificate under article 14.

13.   Types of membership

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    (1)   The members of the Institute shall, unless and until otherwise provided by the Rules, consist of—

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      (a)     Associates; and

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      (b)     Fellows.

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    (2)   The Council may from time to time admit members in accordance with the membership rules of the Institute, or any modifications, thereof.

14.   Issuance of certificate by Council and register of members

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    (1)   Subject to sub-article (2) the Council may, on application, grant a certificate to any person to practice as an accountant if—

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      (a)     the person satisfies the Institute that he was in continuous practice in a member state as an accountant as his sole and principal occupation for at least 10 years prior to the date of the coming into force of this Agreement; and

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      (b)     the application is made within six (6) months of the date of the coming into force of this Agreement.

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    (2)   Sub-article (1) shall not apply to a person from a member state where there is or has been a registered or incorporated Institute of Chartered Accountants.

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    (3)   The Institute shall keep a register of the members and students of the Institute and of all persons possessing valid practicing certificates.

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    (4)   The certificate of the Institute that a person is or is not a member of the Institute is prima facie evidence in all courts and before all persons of the facts therein certified.

15.   Requirements for public practice

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    (1)   With effect from the expiration of the period of 6 months from the date of commencement of this Agreement, no person shall—

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      (a)     offer himself to be in public practice as or under the name of a Chartered Accountant;

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      (b)     use, in relation to himself, the designation “Chartered Accountant” either alone or in conjunction with any other words or initials; or

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      (a)     use, in relation to himself, any designation, title, name, initials or description indicating or implying that he is entitled to so use the designation “Chartered Accountant”;

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    unless he has been registered as a member of the Institute and possesses a valid certificate issued by the Council which entitled him to be in public practice.

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    (2)   A person shall not be deemed to be in public practice by reason only that—

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      (a)     he engages in public practice in the course of his duties as an employee of any person; or

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      (b)     he engages in book-keeping or cost accounting or the installation of book-keeping business or cost systems, or in such work as may be prescribed for the purpose of this sub-article.

16.   Publication of names of members with valid practicing certificates

The Council shall cause to be published annually in a newspaper circulating in each member state, a list of all members of the Institute who have been granted valid practising certificates.