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ABWA BYE-LAWS

MEMBERSHIP
Admission of a member-body shall be entirely at the discretion of Council. Council shall however be guided by the following considerations.

(a) the applicant shall be nominated by a member-body;

(b) where the applicant is nominated by a member-body, from another country then the member-body, if any, in the applicant’s country shall be consulted.

(c) the applicant shall be recognized by law and general consensus within its country as being substantially national and an organization of good standing within the accountancy profession provided it is not a governmental body.

Every member-body shall be required to pay a registration fee for admission and annual subscription which shall become due on such date as shall be prescribed by Council, except that founding member-bodies shall on signing the Constitution agree to the first budget of ABWA and make equal contributions towards implementation.

Member-bodies shall, three months before the meeting of the Assembly communicate to the Chairman of Council names of their proposed representatives, at the Assembly. Each member body shall be entitled to
five representatives other than Council members, at the Assembly.

Membership shall be forfeited in one of the following cases:

(a) non-payment of subscriptions and fees within six months after the same shall become due;

(b) non-compliance with the Constitution and Bye-Laws.

Provided that due notice would have been served on the defaulting member-body and the final notice published in the National Gazette and /or the national newspapers of defaulting member-body.

ELECTION AND TENURE OF OFFICERS OF ABWA

Officers of ABWA, elected as provided in the Constitution shall hold office for a two-year term and shall be eligible for re-election except that no President or Vice-President shall stay in office for more than one
term.

POWERS OF COUNCIL
The Council shall have power to do anything which, in its opinion, is calculated to facilitate the carrying on of the activities of ABWA.

Specifically it shall:
(a) appoint the Executive Secretary on such terms and conditions as it may determine;

(b) appoint standing and ad hoc committees as it may deem appropriate for the effective discharge of its responsibilities under the Constitution;

(c) recommend for appointment by the Assembly, the auditor for ABWA and fix his remuneration;

(d) establish rules and procedures consistent with the provisions of the Constitution;

(e) make recommendations to the Ordinary meeting of the Assembly on the timing, location, subjects to be discussed and host body(ies) of the next Congress of ABWA;

(f) recommend, from time to time, to the meeting of the Assembly, amounts to be paid by member-bodies as registration fee, annual subscription, and such other contributions as may be determined or considered necessary;

(g) recommend for suspension or expulsion a member-body for nonfulfilment of its financial obligations, or non-compliance with the Constitution and Bye-Laws.

POWERS OF THE ASSEMBLY
The Assembly shall upon the recommendation of Council:-
(a) determine the timing, location, the subjects to be discussed and the host body(ies) for a congress which shall normally be held at 5 yearly intervals or shorter period as would be determined by council of ABWA from time to time.
(b) determine the amounts to be paid by member-bodies registration fee, annual subscription and other financial contributions or levies;
(c) decide to suspend or expel a member-body for nonfulfilment of its financial obligations or non-compliance with the Constitution and Bye-laws;
(d) agree to amend the Constitution;
(e) appoint the auditor of ABWA.

The Assembly shall receive and adopt the Report of Council and the Audited Accounts of ABWA.

MEETINGS OF ASSEMBLY

The Ordinary meeting of the Assembly which all member-bodies of ABWA shall be entitled to attend shall be convened by the council at a location chosen for the congress.

Special meetings of the Assembly shall be held at a place and time to be determined by the council upon either
(a) majority vote of members of council; or
(b) written demand by not less than two member-bodies who are eligible to vote and stating the purpose of the meeting.

Special meetings of the Assembly shall be held within six months of the decision of the council or three months of the receipt by the chairman of the council of a written demand in the manner stated above.

Not less than thirty days’ notice shall be given for any ordinary meeting of the Assembly and not less than forty-five days for a special meeting.

The quorum for an Ordinary or special meeting of the Assembly shall be one-third of the member-bodies eligible to be present and to vote but shall not at anytime be less than two member bodies.

Each member-body of ABWA shall have one vote. The Chairman shall have a casting vote.

Decisions of the Ordinary and Special meetings of the Assembly shall be by simple majority of those present and eligible to vote; except that decisions as to financial contributions and amendments shall require a majority of two-thirds of those who are eligible to be present and to vote.

Voting shall be show of hands or by ballot.

MEETINGS OF COUNCIL

Subject to the provisions of any Standing Orders of the Council, the Council shall meet whenever it is summoned by the chairman, and if the Chairman is required to do so by notice in writing given to him by not less than two other members of council, he shall summon a meeting the Council to be held within twenty-eight Days from the date on which the notice is given.

At all meetings of the Council, the Chairman or in his absence the Vice-President shall preside. In the absence of both the chairman and the Vice-President, the members present at the meeting shall appoint one of their members to preside at that meeting.

The quorum for Council meetings shall be four.

AMENDMENT
Proposals for amendment to the Constitution shall be submitted to the Council by a member-body.

Any such proposal may be considered by Council and if found appropriate, Council shall communicate it to the member-bodies not later than thirty days after the receipt of such proposal. If on the other hand Council rejects such proposal for amendment, it shall within one month communicate its decision to the proposer stating reasons for so rejecting the proposed amendment. Any comments from member-bodies may be noted and/or included in a resolution to be presented by council to the Assembly for approval.

For any such amendment to be approved it shall have the agreement of at least two-thirds of the member-bodies eligible to be present and to vote.

 

Copyright © 2006. The Association of Accountancy Bodies in West Africa. All Rights Reserved.