The Accountants (Standards of Professional Practice and Ethical Conduct) Regulations

These Regulations may be cited as the Accountants (Standards of Professional Practice and Ethical Conduct) Regulations.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 147 of 2022
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

These Regulations may be cited as the Accountants (Standards of Professional Practice and Ethical Conduct) Regulations. This section provides definitions for terms used in the Regulations (for example: "Act", "committees", "Council", "Continuous Professional Development Program", "Disciplinary Committee", "firm", "Institute", "member", "member in good standing", and "Registration Committee"). Section concerns matters affecting the operations of the Institute and practice by members of the Institute. The Council must confer Fellowship and Honorary Fellowship as set out in the First Schedule; the Council may revise the First Schedule with approval of the Cabinet Secretary. Sets procedures for member-vs-member disputes: the aggrieved party must refer disputes in writing to the Secretary (or to the Chairperson or Secretary where those officers are involved); the Secretary or Chairperson must notify parties within seven days and invite settlement attempts; unresolved disputes referred to the Council that cannot be resolved within six months must be submitted to arbitration within fourteen days; if arbitration is unresolved after six months, the aggrieved parties may go to court.

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Provisions of The Accountants (Standards of Professional Practice and Ethical Conduct) Regulations

Showing 11 of 11

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: These Regulations may be cited as the Accountants (Standards of Professional Practice and Ethical Conduct) Regulations.

Section 1. Citation Section These Regulations may be cited as the Accountants (Standards of Professional Practice and Ethical Conduct) Regulations.
2
PRELIMINARY - 2. Interpretation

AI-assisted research summary: This section provides definitions for terms used in the Regulations (for example: "Act", "committees", "Council", "Continuous Professional Development Program", "Disciplinary Committee", "firm", "Institute", "member", "member in good standing", and "Registration Committee").

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires — "Act" means the Accountants Act (Cap. 531); "committees" includes subcommittees, workgroups, work streams, steering committees or branch executive committees; "Council" has the meaning assigned to it under section 2 of the Act; "Continuous Professional Development Program" means the continuous maintenance, development and enhancement of the professional and personal skills, of Certified Public Accountants to enable the execution of professional and technical duties; "Disciplinary Committee" has the meaning assigned to it under section 2 of the Act; "firm" has the meaning assigned to it under section 2 of the Act; "Institute" has the meaning assigned to it under section 2 of the Act; "member" means a person who is registered with the Institute in accordance with sections 4 and 24 of the Act; "member in good standing," means a member of the Institute who has attained the requirements of the Institute’s continuous professional development program, paid the applicable fees and subscriptions and has no pending disciplinary case before the Disciplinary Committee; and "Registration Committee" means the Registration and Quality Assurance Committee established under section 13 of the Act.
3
PRELIMINARY - 3. Objects and purpose

AI-assisted research summary: Section concerns matters affecting the operations of the Institute and practice by members of the Institute.

Section 3. Objects and purpose Section matters affecting the operations of the Institute and practice by members of the Institute; and

Part II

PROFESSIONAL AWARDS OF THE INSTITUTE

4
PROFESSIONAL AWARDS OF THE INSTITUTE - 4. Conferment of Fellowship and Honorary Fellowship

AI-assisted research summary: The Council must confer Fellowship and Honorary Fellowship as set out in the First Schedule; the Council may revise the First Schedule with approval of the Cabinet Secretary.

Section 4. Conferment of Fellowship and Honorary Fellowship Section 4(1) The conferment of Fellowship and Honorary Fellowship by the Council pursuant to sections 4 and 6 of the Act shall be as set out in the First Schedule to these Regulations. Section 4(2) The Council may revise the First Schedule with the approval of the Cabinet Secretary.

Part III

PROFESSIONAL STANDARDS OF PRACTICE BY MEMBERS

10
PROFESSIONAL STANDARDS OF PRACTICE BY MEMBERS - 10. Dispute resolution

AI-assisted research summary: Sets procedures for member-vs-member disputes: the aggrieved party must refer disputes in writing to the Secretary (or to the Chairperson or Secretary where those officers are involved); the Secretary or Chairperson must notify parties within seven days and invite settlement attempts; unresolved disputes referred to the Council that cannot be resolved within six months must be submitted to arbitration within fourteen days; if arbitration is unresolved after six months, the aggrieved parties may go to court.

Section 10. Dispute resolution Section 10(1) Where a dispute arises relating to the rights of a member against any other member, the Council, committees, committee members, but excluding disciplinary proceedings for professional misconduct under section 30 of the Act; the aggrieved party shall refer the dispute in writing to the Secretary to the Council. Section 10(2) Where the dispute involves the Secretary to the Council, the aggrieved party shall refer the dispute to the Chairperson. Section 10(3) Where the dispute involves the Chairperson, the aggrieved party shall refer the dispute to the Secretary to the Council. Section 10(4) The Secretary to the Council or Chairperson shall notify the relevant parties of the dispute within seven days of such referral and invite the parties to make attempts to reach an amicable settlement by negotiation, conciliation or mediation. Section 10(5) Where a dispute has been referred to the Council and the dispute cannot be resolved within six months, the Chairperson or the Secretary to the Council shall, within fourteen days submit the dispute to arbitration through the Chartered Institute of Arbitrators, Kenya Chapter or the Nairobi Centre for International Arbitration. Section 10(6) Where a dispute has been referred for arbitration and the dispute cannot be resolved within six months, the aggrieved parties may seek legal redress through the Court.
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PROFESSIONAL STANDARDS OF PRACTICE BY MEMBERS - 5. Professional ethics

AI-assisted research summary: Members must follow the accounting profession's standards of practice and ethical guidelines in the Second Schedule; the Council may revise the Second Schedule with approval of the Cabinet Secretary.

Section 5. Professional ethics Section 5(1) Every member shall comply with the standards of practice of the accounting profession and guidelines on ethical behavior set out in the Second Schedule. Section 5(2) The Council may revise the Second Schedule with the approval of the Cabinet Secretary.
6
PROFESSIONAL STANDARDS OF PRACTICE BY MEMBERS - 6. Standards of professional accountancy practice including accounting and auditing standards

AI-assisted research summary: Members must comply with professional accountancy standards (including accounting and auditing standards) issued by IFAC or other applicable regulatory or international standards; the Council may revise the Third Schedule with Cabinet Secretary approval.

Section 6. Standards of professional accountancy practice including accounting and auditing standards Section 6(1) A member shall comply with the standards of professional accountancy practice, including accounting and auditing standards, as issued by the International Federation of Accountants or any other applicable regulatory or international standards. Section 6(2)(a) Standards on Continuing Professional Development as set out in the Third Schedule; Section 6(2)(b) Accountancy Practice Notes as set out in the Fourth Schedule; Section 6(2)(c) Guidelines on Ethical Marketing and Advertising for Professional Accountants as set out in the Fifth Schedule; and Section 6(2)(d) any other standards made by the Council from time to time with the approval of the Cabinet Secretary by Notice in the Gazette . Section 6(3) The Council may revise the Third Schedule with the approval of the Cabinet Secretary.
7
PROFESSIONAL STANDARDS OF PRACTICE BY MEMBERS - 7. Continuous Professional Development

AI-assisted research summary: Council must maintain and improve members' technical skills by continuing professional development; professional accountants must report their CPD annually within three months after each year; failure leads to required compliance next year and may result in disciplinary action as professional misconduct.

Section 7. Continuous Professional Development Section 7(1) The Council shall maintain and improve the technical skills and abilities of the members of the Institute, through continuing professional development. Section 7(2) Not later than three months after each year, a professional accountant shall furnish the Institute with information on his or her continuing professional development activities for the preceding year. Section 7(3) Where a professional accountant fails to comply with this regulation, he or she shall be required to comply in the subsequent calendar year. Section 7(4)(a) shall if he continues to practise as a professional accountant, meet all the requirements of professional practice; and Section 7(4)(b) does not continue to practise as a professional accountant, if he does not meet the requirements set out by the Council in order to remain in the register. Section 7(5) A member who fails to comply with this regulation shall be deemed guilty of professional misconduct as prescribed under section 30 (1)(h) of the Act and shall be liable to disciplinary action.
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PROFESSIONAL STANDARDS OF PRACTICE BY MEMBERS - 8. Guidelines on Practice Review

AI-assisted research summary: Sets registration, signing, certification, branch registration and quality-responsibility rules for members in practice and firms, and gives the Council powers to determine sign-off procedures.

Section 8. Guidelines on Practice Review Section 8(1)(a) the name of the practicing firm shall be approved by the Council prior to submission to the Registrar of Companies for registration; Section 8(1)(b) a member in practice shall sign on an assurance engagement or any other engagement in his or her own name on behalf of the firm and provide his or her Institute membership number and practice license number, whether they are a sole proprietorship or a partnership. Section 8(2) Notwithstanding sub regulation (1), a member in practice may sign using the name of the firm provided the name of the person signing is indicated in a prominent place below the signature. Section 8(3) An individual partner and firm shall be issued with a practicing certificate and licence issued by the Institute to practice accountancy in accordance with the Act and Regulations. Section 8(4) A member in practice who is suspended pursuant to a disciplinary process under the Act and Regulations shall hand over the activities of the firm to an interim manager approved by the Institute for the period of suspension in the case of a sole practitioner or to the other partners where there is more than one partner, as may be determined by the Council. Section 8(5) A member in practice shall be required to register all the branches of the firm with the Institute. Section 8(6) The resident person in charge of the branch shall be required to be a full member of the Institute. Section 8(7) The firm shall provide to the Institute, the details of the partner responsible for the quality of the work done at any of its branches. Section 8(8) The Council shall from time to time determine, how any other category of the accountancy practice shall sign off their professional work as set out in the Fourth Schedule.
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PROFESSIONAL STANDARDS OF PRACTICE BY MEMBERS - 9. Ethical marketing and publicity in the accounting profession

AI-assisted research summary: A member of the Institute must observe and apply the Guidelines on Ethical Marketing and Advertising for Professional Accountants as set out in the Fifth Schedule.

Section 9. Ethical marketing and publicity in the accounting profession Section A member of the Institute shall observe and apply the Guidelines on Ethical Marketing and Advertising for Professional Accountants as set out in the Fifth Schedule.

Part IV

MEETINGS OF THE INSTITUTE

11
MEETINGS OF THE INSTITUTE - 11. Conduct of meetings of the Institute and Council

AI-assisted research summary: Meetings of the Institute and Council must follow the specified Schedules; meetings may be physical, virtual or hybrid as determined by the Council.

Section 11. Conduct of meetings of the Institute and Council Section 11(1)(a) the conduct of meetings of the Institute shall be in accordance with the First Schedule of the Act and as set out in the Sixth Schedule; and Section 11(1)(b) the conduct of meetings of the Council shall be in accordance with the Second Schedule of the Act and as set out in the Seventh Schedule. Section 11(2) A meeting of the Institute or Council may be held physically, virtually or a combination of both, as may be determined by the Council from time to time.

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