(1) A qualified accountant may in accordance with Section 28 of the Act apply to the Council to be registered as a member of the Institute.
(2) The Council shall not approve an application for membership of the Institute unless the applicant satisfies the requirements specified under these Regulations.
(1) The Institute may establish the following classes of membership for natural persons
(a) an Affiliate Member is a qualified accountant yet to be admitted into full membership
of the Institute.
(b) An Associate Member is a qualified accountant admitted into membership of the
Institute, who has not been elevated to the status a Fellow.
(c) A Fellow is a person elevated to Fellow status by the Council;
(2) For the purposes of sub rule (1)
The Institute may also register a legal person as;
(a) An Auditing Firm where the firm offers auditing and assurance services and other
accounting services to the public; and
(b) An Accounting Firm where the firm offers only non- auditing and assurance services
to the public.
(3) The Institute shall provide unique numbers for classes of members and keep separate registers for them.
An Associate Member;
Shall satisfy Section 28 of the Act and attend the induction course organised by the Institute.
Qualification for membership;
A person who desires to be admitted as a member of the Institute shall be a person
(a) of good character and has not been convicted of an offence involving fraud or
dishonesty in any country and given a good testimonial by the member recommending
him/her;
(b) who has successfully passed written examinations of the Institute or an examination of
any professional accountancy organisation listed under Rule 13 or a member of IFAC
and recognized by the Institute;
(c) who has obtained a minimum of three years’ practical experience in the field of
accountancy; and
(d) who is recommended in a professional capacity for membership by a member of the
institute or any other recognized professional bodies. (e) If a non-citizen of the Gambia,
having satisfied the conditions above, must have been residing in the country for a
continuous period of not less than eighteen months and possess valid residence and
work permit class B.
Affiliate Member
A member who intends to register with the Institute as an Affiliate Member shall be a person who is a qualified Accountant receiving training in an accounting related environment to qualify to be a member of the Institute.
Fellow Member
A member of the Institute qualifies to be a Fellow if that member:
(a) has been a member of the Institute in good standing for a minimum of ten years;
(b) provides evidence of contribution to the development and growth of the Institute; and
(c) has written a minimum of two articles and published in the Institute’s magazine or journal within the past five years.
Legal Person
An audit or accounting consultancy firm qualifies to be a member of the Institute if that firm;
(a) has registered with the Registrar of Companies as a legal entity;
(b) is established and managed by a member of the Institute who has been granted the licence to practise as either practising auditor or practising
accountant;
(c) shall renew its membership annually; and
(d) meet all the conditions set out by the Institute
District Societies
(1) The Council shall approve the formation of District Societies to further the public interest mandate of the Institute and its members in specified geographical areas under rules to set out by it.
(2) Members and students of the Institute shall be required to belong to one district society.
(3) District societies shall engage in activities to further the interests of students, members and the Institute in its jurisdiction.
(4) District societies will be required to discharge the public interest mandate and advocacy duties and publicise the activities of the Institute in their jurisdictions.
(5) Council shall make rules to regulate the activities of district societies.
Membership
(1) An application for admission into membership shall be in the form prescribed by the Council and shall be completed and signed by the applicant, and submitted to the Chief Executive Officer together with the prescribed fees, certificates and other documents or information that may be required by the Council.
(2) An applicant shall provide the names of two referees, their postal and email addresses together with telephone numbers on the application form.
(3) On receipt of duly completed application, the Council shall within sixty days assess the application and if satisfied, approve the admission and direct the Chief Executive
Officer to issue an admission letter stating the person’s unique number.
(4) A person who has been admitted as an Associate Member of the Institute, may write ACA (GICA) after that person’s name while an Affiliate Member may write AFL (GICA) after that member’s name.
(5) The Council may refuse to grant an admission to membership, if the applicant fails to meet the requirements for admission.
Affiliate Member
(1) A qualified student becomes an affiliate member of the Institute before being admitted as an Associate Member of the Institute.
(2) Any qualified student other than a qualified student of the Institute shall complete an application form for an affiliate status prescribed by the Council and submit the application form to the Chief Executive Officer together with the prescribed fees, certificates and other documents, or information that may be required by the Council.
(3) On receipt of an application, the Council shall within sixty days assess the application and if satisfied with the application, issue him/her a certificate as an Affiliate Member signed by the President, the Vice President and the Chief Executive Officer.
(4) The Council may refuse to grant an affiliate membership if the applicant fails to meet the requirements for affiliate membership.
Fellow Member
(1) An applicant applying for a Fellow Membership shall complete and sign a form prescribed by the Council which shall be submitted to the Chief Executive Officer together with a minimum of 500-word essay of the contribution made, and other documents or articles written by the applicant towards the development of the accountancy profession.
(2) On receipt of an application for Fellow Membership, the Council shall within sixty days assess the application and if satisfied with the application, grant the applicant a Fellow Membership Certificate signed by the President, Vice-President and the Chief Executive Officer and embossed with the seal of the Institute.
(3) Members granted Fellow Membership status may write FCA-GICA after the members’ names with the same membership number.
(4) The Council may refuse to grant a Fellow Membership status to the applicant if the applicant fails to meet the requirements of the Institute.
Designatory letters for members
Affiliate - AFL (GICA)
Associate - ACA (GICA)
Fellow - FCA (GICA)
(1) An applicant is eligible for membership of the Institute if that applicant is a member of a professional accountancy body recognised by the Council as being of equivalent status to the Institute, who
(a) Is 18 years and above in age;
(b) Has not been declared a bankrupt by a court of competent jurisdiction; and
(c) Meets other eligibility criteria set out in rules 9, 10, 11 and 12.
(2) The professional bodies recognised as having equivalent status are;
(a) The Institute of Chartered Accountants Ghana (ICAG);
(b) The Institute of Chartered Accountants Nigeria (ICAN);
(c) The Institute of Chartered Accountants England and Wales (ICAEW);
(d) The Institute of Chartered Accountants of Scotland (ICAS);
(e) The Institute of Chartered Accountants of Ireland (ICAI);
(f) The Association of Chartered Certified Accountants, UK ( ACCA);
(g) The South African Institute of Chartered Accountants (SAICA);
(h) The Chartered Institute of Management Accountants, UK (CIMA);
(i) The American Institute of Certified Public Accountants (AICPA) and
(j) Any other bodies recognised by Council for eligibility under this rule.
(1) A person shall not, unless the person is registered as a chartered accountant with the Institute, be employed as, practise as , offer services as, or hold out to be, a charterd accountant.
(2) A person, firm, company or non- governmental agency shall not employ or engage an Affiliate, an Associate, a Fellow or any person who is not a member of the Institute or registered under the Act as an accountant.
(3) A person who contravenes sub Rules (1 ) or (2) commits an offence and is liable, upon conviction, to a fine not exceeding twenty five thousand penalty units or to imprisonment for a term not exceeding five years, or to both.
(4) Where an offence under these Rules is committed by a body corporate or a firm, every director or senior officer of the body corporate or partner of the firm, shall be liable, upon conviction, as if the director or senior officer or partner had personally committed the offence, unless the director, senior manager or partner proves that the offence was committed without his or her knowledge.
(1) A member of the institute commits the offence of professional misconduct if he or she engages in any of the acts or omissions set out below -
(a) Allowing any other person to practice in his or her name as an accountant unless such
person is also an accountant and as in partnership with or employed by such member;
(b) Entering into partnership with any person other than an accountant or securing, either
through or by means of a person not qualified to be an accountant or by means which
are not open to an accountant, any professional business;
(c) Soliciting clients or professional work in a manner other than that approved by the
institute and as communicated to members from time to time;
(d) Advertising professional attainment or services in a manner other than that approved
by the institute and as advised to members from time to time;
(e) Disclosing information acquired in the course of a professional engagement without
the consent of the client, except as required by any law from the time being in force;
(f) Certifying or submitting in his or her name or in the name of his or her firm a report of
an examination of financial statements (unless the examination of such statements)
and the related records have been made by him or her or a partner or employee in his
or her firm;
(g) Expressing an opinion on financial statements of any business or any enterprise in
which he or she, or his or her immediate family, firm or a partner in his or her firm has an
interest;
(h) Charging in his or her respect of any professional employment, other than customary,
fees which are based on a percentage of profits or which are contingent on result;
(i) Failing to disclose a material fact known to him or her, which is not disclosed in the
financial statements but disclosure of which is necessary for the financial statement to
show a true and fair view;
(j) Failing to report a material misstatement known to him or her which appears in the financial statements with which he or she is concerned in a professional capacity;
(k) Failing to obtain sufficient information to warrant the expression of an audit opinion;
(l) Failing to keep the funds of a client in a separate bank account or failing to use such funds for purposes which they are intended;
(m) Including in any statement, return or form to be submitted to the institute any particulars known to be false;
(n) Carrying on the business of an accountant through a body corporate in breach of any of the above provisions;
(o) Carrying on the business of an accountant, without having obtained a practicing certificate;
(p) Criminal activity;
(q) Gross negligence in the conduct of professional duties;
(r) A number of less serious instances of professional negligence that, cumulatively, may indicate unfitness to exercise practicing rights;
(s) Breaches of professional standards;
(t) Unsatisfactory work;
(u) Breaching the provisions of the rules of professional conduct as adopted by the Council from time to time in full compliance with the Code of Ethics for
professional accountants issued
by the IESBA, or its successor body; and
(v) Generally, doing any act which is likely to bring the profession of accountancy or the institute into disgrace, contempt, or disrespect.
(2) For the purposed of this Act, “immediate family” includes a spouse (including a common law spouse), minor children (including adopted or foster children), father and mother.
(1) A person may lodge a complaint with the Disciplinary Committee against a member, where the person alleges that the member has contravened the Code of Ethics or any provision of these Regulations or the Act.
(2) The Institute may initiate disciplinary action under this section where the Institute has reasonable grounds to believe that a member has contravened the Code of Ethics or any provision of Section 39 of the Act.
(3) A complaint or allegation shall be made to the Secretary in the prescribed manner and form.
(1) There shall be a Disciplinary Committee of the Institute established by the Council within thirty days after each annual general meeting comprising the following members:
a Chairperson; and five other Members of the Institute with not less than ten (10) years post-qualification experience of whom at least three members shall be in public practice.
(2) The Chairperson shall be a legal practitioner qualified to hold, or who has held high judicial office or has been in practice for not less than five (5) years, nominated by the Gambia Bar Association.
(3) A person shall not be appointed as a Member of the Disciplinary Committee if that person,
(a) has committed or been convicted of any professional misconduct;
(b) is in lawful custody or the person’s freedom of movement is restricted under any law
in force within or outside The Gambia;
(c) has not been on the Register of members or obtained post-qualification experience
for at least ten years preceding the election or appointment; or
(d) has been convicted of any offence involving dishonesty.
(4) A member of the Disciplinary Committee shall hold office for three years and may be re-appointed for a further term of three years.
(5) A member of the Disciplinary Committee shall not serve for more than two terms.
(6) The Chairperson or in his absence, members present shall elect a member to preside at every meeting and every sitting of the Disciplinary Committee.
(7) The Council shall appoint a staff to act as the secretary of the Disciplinary Committee.
(1) The Disciplinary Committee shall have both investigation and disciplinary functions.
(2) A person who is involved in the investigation or disciplinary function of the Institute shall not be involved in both at the same time, or in relation to the same case.
(3) The functions of the Disciplinary Committee are to hear and determine:
(a) any disciplinary action initiated by the Institute against a member who has contravened any provision of the Code of Ethics or any provision of these
Regulations or the Act; or
(b) any complaint or allegation made by any person against a Member.
(4) The Disciplinary Committee may publicise, as the Committee may consider appropriate, the facts relating to any member who is found guilty of and punished for professional misconduct.