CHARTERED INSTITUTE OF CERTIFIED SECRETARIES AND REPORTERS OF NIGERIA ACT

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LAWS OF THE FEDERATION OF NIGERIA  

CHARTERED INSTITUTE OF CERTIFIED SECRETARIES AND REPORTERS OF NIGERIA ACT

EXPLANATORY MEMORANDUM

This Act seeks to establish the Chartered Institute of Certified Secretaries and Reporters as a statutory body responsible for regulating the practice of the profession of Chartered Secretaries and Reporters.

ARRANGEMENT OF CLAUSES

  1. Establishment of the Institute
  2. Functions
  3. Membership of the Institute
  4. Designatory letters
  5. President and Vice-President
  6. Governing Board
  7. Tenure of office
  8. Resignation and filling of vacancy
  9. Regulation for meeting
  10. Rules and Regulations
  11. Delegation of power
  12. Fund
  13. Power to invest or borrow money
  14. Auditing of accounts, proper records, etc
  15. Transfer of assets and liabilities
  16. Registrar General and Assistant Registrar General
  17. Register
  18. Contents of Register
  19. Rules for maintenance of Register
  20. Corrections of the contents of Register
  21. Removal of names from the Register
  22. Printing, publication, etc. of Register
  23. Evidence of Registration
  24. Conditions for enrolment or registration
  25. Provisional registration
  26. Approval of qualification
  27. Withdrawal of approval
  28. Effect of withdrawal of approval
  29. Monitoring of examinations and training
  30. Monitoring Committee
  31. Investigating Panel
  32. Disciplinary Committee
  33. Professional misconduct
  34. Qualified but un-enrolled persons
  35. Private practice
  36. Training, subscription, etc.
  37. Offences and penalties
  38. Library, research, etc.
  39. Seal
  40. Disclosure of interest
  41. Saving and Transition
  42. Amendment
  43. Interpretation
  44. Citation.

Schedules

First Schedule—Meetings

Second Schedule—Supplementary provisions relating to the Disciplinary Committee and the Investigating Panel.

CHARTERED INSTITUTE OF CERTIFIED SECRETARIES AND REPORTERS OF NIGERIA ACT, 2015

An Act To Establish The Chartered Institute Of Certified Secretaries And Reporters For The Registration And Discipline Of Certified Secretaries And Reporters,

And To Provide For A Governing Board Charged With The Responsibility Among Other Things, Formulation Of Policies For The Institute; And For Connected Purposes

 

Enacted by the National Assembly of the Federal Republic of Nigeria—

Establishment and corporate personality

  1. There is established a body to be known as the Chartered Institute of Certified Secretaries and Reporters of Nigeria (in this Bill referred to as the “Institute”), which shall be a body corporate with perpetual succession and a common seal to be kept at the head office; and may sue and be sued in its corporate name.

Functions

  1. The functions of the Institute shall be—

(a)     determining and reviewing from time to time the qualifications for membership of the Institute;

(b)     ensuring professional ethics, high standard and sound knowledge by members  of the Institute;

(c)     securing in accordance with the provisions of this Bill the maintenance        of a register for its members; and

(d)     carrying out such other functions as the Board may from time to time          prescribe.

Membership of the Institute and its categories

3.—(1) Members admitted to the Institute shall be enrolled as Chartered Certified Secretaries or Chartered Certified Verbatim Reporters and shall be entitled to the use of that status accorded and shall be registered as—

(a)     fellows, if they satisfy the Board that—

(i)      they are not less than thirty-five (35) years of age and have ten (10) years relevant working experience in the office of at least one reputable Organisation or Government Department of which at least five (5) years have been spent on a senior appointment;

(ii)     for the period of three (3) years immediately preceding  the date of application or recommendation in that behalf they have been fit persons and have, in addition  to being  the  holders  of approved  academic professional  qualifications or certificate of the final examination of the Institute, contributed to the development of the Institute and are fit-persons to be so registered;

(b)     members, if they satisfy the Board that they—

(i)      are at least thirty (30) years of age, have been associate members for not less than three (3) years, have passed examinations  prescribed or accepted by the Institute and are fit persons to be so registered; and

(ii)     have maintained a good record of membership for at least five years immediately preceding  the date of application and have contributed to the upliftment of the profession and the Institute;

(e)     associate members, if they—

(i)      are not less than twenty-eight (28) years of age, have passed relevant examinations  prescribed  or accepted by the Institute and have not less than five (5) years relevant working experience  in the office of a reputable Organisation or Government Department;  or

(ii)     have University First Degree not below Second Class Lower Division or Higher National Diploma or its equivalent from Government approved Institutions not below Credit Pass and have not less than five (5) years post qualification experience, however that period of higher education  (maximum of two years) may be counted towards years of experience;

(d)     registered graduate members, if they have attained the age of twenty-one (21) years, have passed examinations  accepted by the Institute and have not less than  three  (3) years working experience  in secretarial or reportorial profession; and

(e)     registered students if they Meet the entry requirement as specified by resolution of the Board.

(2)     The Board shall have the power to approve  through  its resolution  that any persons be awarded the Institute’s honorary membership status in recognition  of outstanding qualities, achievement in industry, education, commerce  and  contribution to the  development of the  Institute  and profession  provided  that  such an award shall not entitle  the recipient  to the practice or membership of the profession or voting in the affairs of the Institute.

(3)     The Board shall have the power to approve the award to a corporate body of the Institute’s corporate membership status and such an award shall entitle the recipient to the rights and obligations of just one member.

Designatory letters.

  1. The designatory letters of the Institute shall be—

(a)     “FCSR” for professional fellows;

(b)     “FCSR (Hon.)” for honorary fellows;

(c)     “MCSR” for professional members;

(d)     “MCSR (Hon.)” for honorary members;

(e)     “ACSR” for Associates; and

(f)      “ICSR-member” for corporate members.

President, Vice-Presidents

5.—(1) There shall be for the Institute a President and two Vice and (first and second Vice-Presidents) who shall be Presidents elected by the Board and must be professional members of the Institute in the categories of fellows and members.

(2)     The President shall preside at all meetings of the Board and the Institute and in the absence of the President due to any reason, the first Vice-President (in whose absence, the second Vice President) shall preside.

(3)     The President and Vice-Presidents shall hold office for a term of two years and shall cease to hold office immediately they cease to be members of the Institute as specified in Subsection (1) of this section.

Board and its composition

6.—(1) The Institute shall have a governing body (in this Bill referred to as “the Board”), charged with the responsibility of formulation of policies for the administration and general management of the Institute.

(2)     The Board shall consist of professional members not below the category of associate members and such other persons on honorary advisory capacity, appointed, elected or nominated as follows—

(a)     the President of the Institute, who shall be the Chairman of the Board;

(b)     the registrar of the institute who shall be the Secretary of the Board;

(c)     the Vice-Presidents of the Institute, with the first Vice-President as the Vice-Chairman of the Board;

(d)     one representative to be appointed by each of the following—

(i)      the Government Department charged with manpower development and training (in this Bill referred to as “the Government Department”);

(ii)     Federal Ministry of Education;

(iii)    Public Service Office in the Presidency;

(e)     one person to represent the Universities offering courses relevant to any of the two professions in this Bill, to be appointed on a rotational basis by the National Universities Commission;

(f)      one person  to represent the Polytechnics and Colleges of Education offering courses relevant  to any of the two professions  in this Bill, to be appointed on rotational  basis by the National Board for Technical Education;

(g)     one person  to represent training institutions  with relevant  courses under the Government Department to be appointed by that department;

(h)     four persons to be elected by the Institute among its members; and

(i)     past Presidents  of the Institute who shall serve on the Board for a maximum period of three (3) years from the expiration of their terms as President.

Tenure of office

  1. The tenure of office for members of the Board shall be two years with an eligibility for reappointment (or re-election as the case may be) for a further term of two years and no more.

Resignation and filling of vacancy

8.—(1) Any member of the Board may, by notice in writing to the President of the Institute resign his membership of the Board.

(2)     Whenever there is a vacancy in the membership of the Board, a person representing the same interest as the member whose exit created the vacancy shall be elected or appointed as the case may be, to fill such vacancy.

First Schedule

  1. The provisions of the Schedule to this Bill shall have effect with respect to the meetings of the Board and the Institute.

Rules and Regulations

10.—(1) The Board has the power to make regulations subject to the approval of the Government Department, for the carrying out of any of its        policies and functions of the Institute.

(2)     Rules and Regulations made under this Bill shall be published in print media and or the Institute’s journal as soon as they are made and copies of such rules shall be sent to the Government Department.

Delegation of power

  1. The Board may delegate to any person any of its powers which in its opinion is calculated to facilitate the carrying out of its functions, provided that the Board’s power to make rules and regulations shall not be delegated.

Fund

12.—(1)      The Board shall maintain a Fund which shall be applied towards the carrying out of its functions and into which shall be paid—

(a)     all fees and other monies payable to the Institute;

(b)     such monies as may be payable to the Institute;

(c)     all grants, aids and solicited funds received for the Institute; and

(d)     proceeds from programmes/activities.

(2)     There shall be defrayed from the Fund the following—

(a)     remuneration and allowances of the Registrar General and other employees of the Institute

(b)     such reasonable travelling allowance (as determined by the Board and its Committees) incurred in the business of the Board; and

(c)     any expense incurred by the Board in the discharge of its duties.

Power to invest or borrow money

13.—(1)      The Board may invest the Institute’s money in any security created or issued by or on behalf of the Federal Government.

(2)     The Board may borrow money for the purpose of the Institute and any interest payable on money borrowed by the Institute shall be defrayed from the Fund of the Institute.

Auditing of accounts, proper records, etc

14.—(1) The Board shall keep proper accounts of the activities of the Institute in respect of each year and proper records in relation to those accounts. And the Board shall cause the accounts to be audited by an auditor appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.

(2)     The audited accounts shall be submitted by the Board to members of the Institute for approval at the annual general meeting of the Institute.

Transfer of assets and liabilities.

  1. Upon the commencement of this Bill—

(a)     all assets held by or on behalf of the Institute (of Certified Secretaries and Reporters) shall by virtue of this Act vest in the Institute and all liabilities incurred before the commencement of this Act by the former Institute shall automatically be transferred to the Institute; and

(b)     any act or thing done by the former Institute shall be deemed to have been done by the Institute.

Registrar General and Assistant Registrar General

16.—(1) The Board shall subject to the approval of the Government Department appoint fit and proper persons who shall be professional members of the Institute to be the Registrar General and Assistant Registrar General (in this Bill referred to as “Registrar” and “Assistant Registrar” respectively).

(2)     The last person to hold office as the Registrar of the former Institute shall upon the commencement of this Bill continue in office (for a maximum of one year) as acting Registrar of the Institute before the Board appoints the first Registrar of the Institute.

(3)     The Registrar who shall be the chief executive of the Institute shall hold office for a term of four (4) years and shall be eligible for a renewal of tenure once only.

Register

  1. The Registrar shall prepare and maintain in accordance with the rules made by the Board a Register of names, addresses, approved qualifications and such other particulars as may be specified in the rules, of all persons who are entitled to be enrolled as members of the Institute and who have in the manner prescribed by such rules applied to be so registered.

Contents of the Register

  1. The Register shall consist of six parts—one part each in respect of the following—

(a)     professional fellows;

(b)     professional members;

(c)     associate members;

(d)     graduate members;

(e)     affiliate and student members; and

(f)      honorary fellows, corporate  and honorary members.

Rules for maintenance of Register

  1. The Board shall make rules in respect of the form of the register, its maintenance, the entries to be made therein and—

(a)     mode of application, enrollment and registration;

(b)     notifying the Registrar of any change in particulars furnished to the Institute; and

(c)     all fees to be paid to the Institute including annual subscriptions.

Corrections, alteration, etc. of the contents of Register

  1. The Registrar shall—

(a)     correct, in accordance with the directions of the Board any entry on the register which in the Board’s opinion was incorrectly made;

(b)     make, from time to time, any necessary alterations in the registered particulars of persons;

(c)     remove from the Register the name of any enrolled or registered person who has died; and

(d)     record the names of members who are in default for more than six (6) months in the payment  of annual subscriptions, and to take such action in relation thereto (including removal of the names of defaulters from the Register), as the Board may direct.

Removal of names from the Register

  1. If the Registrar—

(a)     sends by post to any registered or enrolled person a registered  letter, addressed to him at his address on the Register inquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of six (6) months from the date of posting it; and

(b)     upon the expiration of that period sends in the like manner to the person in question a remainder and receives no reply to that letter within three months from the date of posting it;

the Registrar may remove  the particulars relating to the person from the register. However where the Board directs that such removed particulars be restored to their appropriate place in the Register, the Registrar shall comply.

Printing, publication, etc. of Register of members

  1. The Registrar shall cause—

(a)     the Register to be printed, published and put on sale to members of the public not later than two (2) years from the day he assumed office;

(b)     to be printed, published and put on for sale each year (after the first publication) either a corrected edition of the Register or a list of alterations made to it since it was last printed; and

(c)     a print of each edition of the register and each list of corrections to be deposited at the Head office of the Federation Institute and the Board shall keep the Register and lists so deposited available at all reasonable times for inspection by members of the public.

Evidence of a registration

23.—(1) A document purporting to be a print of an edition of the Register or list of corrections to it published under Section 22 of this Act shall be admissible in any proceeding as evidence that any person specified in the document is so registered at the date of the document, and that any person not so specified is not registered.

(2)     Where in accordance  with Subsection (1) of this section, a person in any proceeding is known to have been or not to have been registered at a particular date, he shall unless the contrary is proved, be taken for the purpose of that proceeding as having at all material times thereafter continue to be so or not so registered.

Conditions for enrollment or registration

24.—(1) Subject to the provision of this Act or rules made there-under, a person shall be entitled to be enrolled or registered as a Certified Secretary or Certified Verbatim Reporter if such a person—

(a)     passes a qualifying examination for membership conducted by the Institute and completes the practical training prescribed; or

(b)     holds a relevant  qualification granted  by a Government owned institution which is of equivalent standard; or

(c)     holds a qualification granted outside Nigeria which is acceptable to the Board and satisfies the Board of sufficient practical experience  as a Certified Secretary or Certified Verbatim Reporter.

(2)     In addition to Subsection (1) of this section, the applicant shall satisfy the Board that he—

(a)     is of good character and high integrity;

(b)     has attained the age of twenty-one (21) years; and

(c)     has never been convicted of an offence involving fraud, dishonesty or gross misconduct.

(3)     The Board shall, from time to time publish in its internal newsletter and National Dailies, the qualifications acceptable for enrollment or registration by the Institute.

Professional registration

  1. The Board may provisionally accept a qualification produced in respect of an application and in such case direct that any entry made in the register shall show that the registration is provisional and shall not be converted into full registration without the written consent of the Board to that effect.

Approval of qualification

  1. The Board may approve any qualification for the purpose of this Act and may approve any—

(a)     course or training at an approved institution which is intended for persons who are seeking to become or are already Certified Secretaries and Verbatim Reporters or which the Board considers designed to confer on persons completing it sufficient knowledge and skill for admission to the Institute; and

(b)     qualification which as a result of an examination taken in conjunction with a course or training approved by the Board under this section, is granted to candidates reaching a standard at the examination which affords the candidates sufficient knowledge and skill to practice as Certified Secretaries or Certified Verbatim Reporters.

Withdrawal of approval

  1. The Board may, if it thinks fit, withdraw any approval under this act in respect of any course, qualification or institution but before doing so shall, in the following order—

(a)     obtain consent to that effect from the Government Department;

(b)     give notice of its intention to persons appearing to it to be the conductors of the course, or the recipients of the qualifications, or the controllers of the institution;

(c)     afford persons in paragraph (b) of this section an opportunity for making representations to the Board with regards to the proposal; and

(d)     take into consideration any representation made in pursuance of paragraph (c) of this section.

Effect of withdrawal of approval

28.—(1) Any withdrawal of approval under Section 24 of this Bill takes effect on the day the instrument of the withdrawal is signed by the President/ Chairman of the Board.

(2)     The Board shall as soon as possible publish every instrument of withdrawal of approval in the Institute’s Newsletter or in the Gazette.

Monitoring of examinations and training

  1. The Board shall keep itself informed of the nature of the—

(a)     instruction given at approved  institutions; and

(b)    examinations as a result of which approved qualifications are granted.

Monitoring Committee

30.—(1) The Board shall appoint an Examination and Training Monitoring Committee (in this Bill referred to as the “Monitoring Committee”) for the purpose of Section 29.

(2)     The Monitoring Committee shall report to the Board on the adequacy of the instructions and examinations given by the institutions visited by it and any other matter relating to such instructions and examinations, but no member of the Committee shall interfere with the giving or holding of instructions and examinations.

(3)     Upon the receipt of a report made in pursuance of Section 30 (2), the Board may send a copy of it to the management of the institution to which the report relates or to the person responsible for the examinations, requesting that comments be made on the report within a stipulated period (not being less than one month) from the date of the receipt of the request.

Investigating Panel

31.—(1) There shall be for the Institute an Investigating Panel responsible  for conducting a preliminary investigation  in a case of alleged professional misconduct and deciding whether such a case be referred to the Disciplinary Committee.

(2)     The Investigating Panel shall consist of five members to be appointed by the Board from the members of the Institute.

Disciplinary Committee

32.—(1)      There shall be for the Institute a Disciplinary Committee which shall be responsible for considering and determining—

(a)     cases brought before it by the investigating Panel; and

(b)     any other case that it takes congnisance of.

(2)     The Disciplinary Committee shall consist of—

(a)     five members of the Institute to be appointed by the Board; and

(b)     one representative of the Government Department.

(3)     The Second Schedule to this Bill applies accordingly in relation to the Disciplinary Committee and Investigation Panel.

Professional misconduct

33.—(1) Where a member of the Institute is—

(a)     adjudged guilty of a professional misconduct by the Disciplinary Committee; or

(b)     convicted by a Court of competent jurisdiction, of an offence which in the opinion of the Disciplinary Committee is incompatible with the status of a member of the Institute; or

(c)     discovered to have been enrolled or registered fraudulently, the Disciplinary Committee may either give such a person a written reprimand or direct the Registrar to strike his name off the Institute’s Register.

(2)     The Board shall make rules as to what acts constitute professional misconduct; for the procedures of the Investigating Panel and Disciplinary Committee; mode of appeal and serving of notices; and all matters incidental to the duties of the investigating Panel and Disciplinary Committee.

Qualified but un-enrolled persons

  1. Any person not being a member of the former Institute, who but for this Act would have been qualified to apply for and obtain membership of the former Institute, may within the period of six months from the commencement of this Act apply for membership of the Institute in such a manner as may be prescribed in rules made by the Board. And where an application under this section is approved by the Board, the applicant shall be enrolled or registered according to his qualification.

Private practice

35.—(1) A person shall be deemed to practice privately as Certified Secretary or Certified Verbatim Reporter (in this Bill referred to as “the profession”), if in consideration of remuneration he engages in the private practice of the profession or renders any other service which may by regulations made by the Board be designated as service constituting private practice.

(2)     Nothing in Subsection (1) of this section shall be construed as exempting persons who, while in employment are required under the terms or in the course of such employment to perform the duties of a professionally Certified Secretary or Certified Verbatim Reporter or both.

Training, subscription, etc of members of the profession

  1. The—

(a)     training;

(b)     supervision and regulation of employment;

(c)     subscription and renewal of subscription;

(d)     licence to practice and practicing fees; and

(e)     restriction of right to practice privately,

of persons engaged in the profession shall be regulated by the Board.

Offences and penalties

37.—(1) Any person who—

(a)     for the purpose of procuring the enrollment or registration of any name, makes a statement which he believes to be false or recklessly makes a statement which is false materially; or

(b)     not being a member of the Institute and not being a person  under Section 34 of this Bill, on or after the  relevant date (which is twelve months after the commencement of this Bill), practices the profession for remuneration or takes or uses any name, title, addition or description implying or suggesting that he is in private practice; or

(c)     being the Registrar or any other person employed by or on behalf of the institute, willfully makes any falsification in any matter relating to the Register, is guilty of an offence and liable upon summary conviction to a fine not exceeding x5, 000.00 or to a term of imprisonment not exceeding three months or both; or conviction of an indictment  to a fine not exceeding x10,000.00 or to a term of imprisonment not exceeding six months or both.

(2)     Where an offence committed under this section by a body corporate is proved to have been committed with the consent or connivance of, or to be attributed to any neglect on the part of any Director, Manager, Secretary or other similar officer of the body or any person purporting to act in any such capacity, such person as well as the corporate body shall be deemed to be guilty of that offence and be proceeded against and punished accordingly.

Library, research, etc

38.—(1) The Board shall provide and maintain a library for the Institute.

(2)     The library shall comprise books and publications which the Board deems necessary for the advancement of the profession.

(3)     The Board shall also as it thinks necessary encourage research in the profession and allied subjects.

Seal

  1. The fixing of the seal of the Institute shall be authenticated by the signature of the Registrar and the President of the Institute or some other member of the Board authorised to do so.

Disclosure of interest

  1. Any member of the Board or a Committee of the Board who has a personal interest in any contract to be considered or entered into by the Institute shall disclose such interest to the Board and shall not vote on any question relating to the contract.

Saving and Transition.

  1. Members of the former Institute shall be registered as members of the Institute and staff of the former Institute shall become staff of the Institute with corresponding status, designation and functions, upon the commencement of this Bill.

Amendment

  1. Any amendment to this Bill shall be proposed to the members at an annual general meeting of the Institute, and if approved by a two-third majority of the members present and voting shall be notified to the Government Department.

Interpretation

  1. In this Bill—

“fees” includes all subscriptions;

“former Institute” means the Institute of Certified Secretaries and Reporters;

“President and Vice-President” means respectively the office holders under those names in the Institute;

“professional member of the Institute” means an enrolled professional fellow, member, associate, and graduate qualified to practice  the profession;

“registered affiliate student” means  person  undergoing an academic program leading to the qualification and career in the profession; and

“the profession” means the art and science of Secretaryship and Verbatim Reporting for dissemination of information  for management decision making and for the guidance of effective executive actions.

Citation

  1. This Bill may be cited as the Chartered Institute of Certified Secretaries and Reporters of Nigeria Bill, 2008.

SCHEDULES

FIRST SCHEDULE – Section (9)

MEETINGS

  1. The Board may make standing orders regulating the proceedings of meetings of the Institute and the Board.
  2. Any question proposed for decision in the meeting of the Board or the Institute shall be determined by a simple majority of those present and voting; and any person presiding in any of these meetings shall not cast a vote on any issue except when there is a tie.
  3. The quorum for any meeting of the Board shall be seven (7) members and that of the meeting of the Institute shall be twenty-five per cent of the registered members of the Institute.
  4. The Board may form Committees for the discharge of its functions and it may co-opt into a Committee any person whose advice it desires to obtain but such person shall not vote on any question. The quorum for any committee shall be as set out in the standing orders mentioned in paragraph 1 of this Schedule. The decision of any Committee is subjection to ratification by the Board.
  5. The Board shall convene the annual general meeting of the Institute on or before 30th April in every year or on such other day that the Board may appoint so however that if an annual general meeting is not held within one year after the previous one, not more than fifteen (15) months shall elapse between the respective dates of the two meetings.
  6. An extraordinary general meeting may be convened by the Chairman of the Board, if not less than twenty percent of the members of the Institute require it by notice in writing addressed to the Registrar of the Institute, setting out the objects of the proposed meeting.
  7. The Board shall meet whenever summoned by the Chairman, and if not less than seven members by notice in writing to the Chairman require him to convene a meeting, he shall do so within seven (7) days from the day on which the notice was given.

SECOND SCHEDULE

Section 32

SUPPLEMENTARY PROVISIONS RELATING TO THE DISCIPLINARY COMMITTEE AND INVESTIGATION PANEL

  1. The quorum for the Disciplinary Committee shall be four (4) members (two Certified Secretaries and two Certified Verbatim Reporters) while the quorum for the Investigating Panel shall be three (3) members.
  2. The Board shall make standing orders to regulate the modalities for the investigations.
  3. No person shall be member of both the Disciplinary Committee and the Investigating Panel on the same case.
  4. The expenses incurred by both the Disciplinary Committee and the Investigating Panel shall be defrayed from the Institute’s Fund.
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