MALAYSIAN INSTITUTE OF ACCOUNTANTS (MEMBERSHIP AND COUNCIL) (AMENDMENT) RULES 2023
IN exercise of the powers conferred by section 7 of the Accountants Act 1967 [Act 94], the Malaysian Institute of Accountants, with the approval of the Minister, makes the following rules:
1.
(1) These rules may be cited as the Malaysian Institute of Accountants (Membership and Council) (Amendment) Rules 2023.
(2) These Rules come into operation on 1 May 2023.
2. The Malaysian Institute of Accountants (Membership and Council) Rules 2001 [P.U. (A) 343/2001], which are referred to as the “principal Rules” in these Rules, are amended by inserting before rule 10 the following rule:
“Submission or lodgement through electronic medium
9A.
(1) Any notices, forms or other documents which are required to be submitted or lodged to or by the member, Council, Registrar or Institute under this Part may be done through electronic medium.
(2) Notices, forms or other documents submitted or lodged in accordance with subrule (1) shall be deemed to be served if the notices, forms or other documents is transmitted to the electronic address of the member, Council, Registrar or Institute, as the case may be, as recorded by the Institute.”.
3. Rule 10 of the principal rules is amended-
(a) in subrule (1), by substituting for the words “the business to be conducted at” the words “the agenda of”; and
(b) by substituting for subrule (2) the following subrule:
“(2) Notwithstanding subrule (1), the Council shall cause a provisional notice of the date of every annual general meeting to be given to the member at least forty-nine clear days before the annual general meeting.
(3) The provisional notice referred to in subrule (2) may include notification on the nomination of members to be elected as a member of the Council and proposition of any motion by any member for the consideration of the annual general meeting.”.
4. Rule 11 of the principal Rules is amended-
(a) by deleting the words “first general meeting and”; and
(b) in paragraph (d), by substituting for the words “elect members of the Council” the words “declare the elected members of the Council”.
5. Subrule 12(1) of the principal Rules is amended by substituting for the words “fourteen days” the words “thirty-five clear days”.
6. Rule 17 of the principal Rules is amended-
(a) by deleting paragraph (b); and
(b) in paragraph (e), by substituting for the words “has been deposited at the registered office of the Institute” the words “has been submitted to the Institute in the manner as determined by the Council”.
7. Rule 18 of the principal Rules is amended by inserting after subrule (1) the following subrule:
“(1A) The process by show of hands and poll referred to in subrule (1) may be made in physical form or through an electronic medium.”.
8. Rule 20 of the principal Rules is amended-
(a) by deleting subrule (2); and
(b) by substituting for subrule (3) the following subrule:
“(3) The nomination paper shall be signed by-
(a) five members entitled to vote; and
(b) the member nominated in the nomination paper indicating his consent to the nomination and willingness to serve the Institute.”.
9. The principal Rules is amended by deleting rule 21.
10. Rule 22 of the principal Rules is amended-
(a) in the shoulder note, by substituting for the words “Nominations for election” the words “Election of members”; and
(b) in subrule (2), by substituting for the words “by means of ballot papers in the manner provided in these Rules” the words “in accordance with rule 25”.
11. Rule 24 of the principal Rules is amended-
(a) in the shoulder note, by inserting after the word “in election” the words “of member”; and
(b) by inserting after subrule (2) the following subrule:
“(3) In the event of an equality of votes, prior to the declaration under paragraph 11(d), the Chairman of the annual general meeting shall announce to the member of such event, and the Chairman shall have a casting vote in addition to his ordinary vote.”.
12. The principal Rules are amended by substituting for rule 25 the following rule:
“Balloting through electronic medium
25.
(1) The election of members of the Council pursuant to subrule 22(2) or removal of members of the Council pursuant to rule 32 shall be determined by way of balloting through electronic medium.
(2) For the purposes of this rule, the Registrar shall, not less than twenty-one clear days before the annual general meeting, cause the electronic ballot to be made available to each member entitled to vote.
(3) The procedures relating to the balloting referred to in subrule (1) shall be as determined by the Council and may include-
(a) the closing date of balloting;
(b) the form of the electronic ballot;
(c) casting of votes through electronic ballot online; and
(d) handling and keeping of the completed electronic ballot.
(4) Any electronic ballot which does not comply with the procedures as determined by the Council under subrule (3) shall be null and void.”.
13. The principal Rules are amended by deleting rule 26.
14. The principal Rules are amended by deleting rule 27.
15. The principal Rules is amended by substituting for rule 28 the following rule:
“Counting of votes by scrutineers
28.
(1) The scrutineers shall, as soon as may be practicable after the closing date of balloting, examine the electronic ballot to ascertain that the procedures as determined by the Council under subrule 25(2) have been complied with and only then can the electronic ballot be counted.
(2) The scrutineers shall reject any electronic ballot which is not in compliance with the procedures as determined by the Council under subrule 25(2).
(3) The decision of the scrutineers as to the validity of any electronic ballot shall be final.
(4) The scrutineers shall inform the Chairman of the annual general meeting of the results of the balloting and the Chairman shall, subject to subrule 24(3), make a declaration under paragraph 11(d).”.
16. Rule 29 of the principal Rules is amended-
(a) by substituting for subrule (1) the following subrule:
“(1) The scrutineers shall make and sign a report stating-
(a) total number of electronic ballot received from the members entitled to vote in accordance with subrule 25(2),
the total number of electronic ballot rejected and the grounds of rejection;
(b) the total number of votes of each nominated member; and
(c) the names of the nominated member duly elected.”; and
(b) in subrule (4), by substituting for the words “The ballot papers duly counted in accordance with rule 28” the words “The voting data under rule 28”.
17. Rule 32 of the principal Rules is amended-
(a) in subrule (2), by substituting for the words “of those entitled to vote in such election at a general meeting by means of a ballot” the words “of the votes received from members entitled to vote by way of balloting in accordance with the procedures referred to in rule 25”;
(b) in subrule (3), by substituting for the words “the general meeting of the intention to move a resolution” the words “the electronic ballot is made available to the member for the purpose of determining the resolution”; and
(c) by inserting after subrule (3) the following subrule:
“(4) The results of the balloting conducted in determining the resolution in this rule shall be declared in the manner as determined by the Council.”.
18. The principal Rules are amended by substituting for regulation 34 the following regulation:
“Minutes of annual general meeting
34.
(1) Every minutes of the proceedings of the annual general meeting including all resolutions and motions shall be recorded properly.
(2) The minutes of proceedings referred to in subrule (1) shall be signed by the relevant Chairman of the annual general meeting or by the Chairman of the subsequent annual general meeting and shall be sufficient evidence of the proceedings of the annual general meeting.”.
Act
An Act to provide for the registration of accountants and matters connected therewith.
By-Laws
On Professional Ethics, Conduct and Practice of the Malaysian Institute of Accountants. Amended as at 20 May 2020.
Standards
The Malaysian Approved Standards On Quality Control, Auditing, Review, Other Assurance And Related Services.
