Key Benefits:
(1) There shall be such classes of membership as shall be provided in the rules of the Institute.
(2) Each class of membership shall have such rights, privileges and obligations as may be prescribed in the rules of the Institute.
(3) A person may apply to the Institute for registration as member in accordance with the provisions of the rules of the Institute.
(1) Subject to the provisions of this Act, the Council shall cause to be kept, maintained and updated, registers in the following manner-
(a) Register of Professional Accountants, specifying the name and all relevant particulars of every registered professional accountant;
(b) Register of Certified Auditors, specifying the name and all relevant particulars of every registered certified auditor;
(c) Register of Member Firms, specifying the name and all relevant particulars of every registered member firm; and
(d) any other Register for any matter the Institute deems necessary in terms of section 6(1)(e)(iv), specifying the relevant information regarding the matter.
(2) The registers shall be kept at the offices of the Council and shall be open to inspection during office hours to any member of the public upon payment of such fee as may be prescribed.
(3) The Institute shall publish-
(a) not later than three months after the end of its financial year-
(i) an annual list of professional accountants and certified auditors, and
(ii) names of member firms,
in two consecutive issues of the Gazette, Daily News or any private newspaper of national circulation;
(b) annually in its Public Register, the names of professional accountants, certified auditors and member firms; and
(c) in its website, a current list of all such professional accountants, certified auditors and member firms, and maintain such website.
30. Registration of professional accountant
(1) A person shall not hold himself or herself out as a professional accountant, or designation likely to create the impression that he or she is a professional accountant, unless he or she is registered with the Institute as a professional accountant.
(2) A person may apply to the Institute to be registered as a professional accountant, in such form and manner as may be prescribed if he or she-
(a) has fulfilled the qualification criteria for the Institute in that he or she-
(i) holds the Botswana Professional Accountancy Qualification, and
(ii) has satisfied the practical training requirements and other internship related prerequisites; or
(b) is a member of an IFAC recognised professional accountancy body and-
(i) satisfies the Institute's requirements relating to qualifications in the field of accountancy, and
(ii) has a minimum of three years practical experience in the field of accountancy.
(3) The Institute may require an application under this section to be accompanied by such fees and information as may be determined by the Institute, in its rules.
(4) The Institute shall register the applicant as a professional accountant and enter his or her name and such particulars as the Institute considers relevant, in the Register of Professional Accountants, where the applicant-
(a) has successfully completed the professional qualification examination conducted or arranged by the Institute;
(b) is a member of an IFAC recognised professional accountancy body;
(c) is of good character and has not been convicted of an offence involving fraud or dishonesty in any country;
(d) has successfully undergone such examination or assessment as the Institute may deem fit for the purpose of determining whether he or she possesses adequate professional accountancy knowledge and skills; and
(e) has paid such fees as the Institute may determine.
(5) The Institute may require, as a condition for a professional accountant to remain its member, that he or she-
(a) complies with any continuing educational and professional requirements as may be specified in the rules of the Institute; and
(b) demonstrates an independence of mind in the conduct of his or her functions as a professional accountant.
(6) A person who contravenes the provisions of subsection (1) commits an offence and is liable to a fine not exceeding P500 000 or to imprisonment for a term not exceeding 10 years, or to both.
31. Registration of certified auditor
(1) Every professional accountant who intends to practise as an auditor and be registered as a certified auditor shall apply in writing to the Institute in such form and manner as may be prescribed.
(2) An application under subsection (1) shall be accompanied by such fees and such information as may be determined by the Institute in its rules.
(3) The Institute may register an applicant under subsection (1) as a certified auditor and enter his or her name and such particulars as the Institute considers relevant in the Register of certified auditors, where it is satisfied that the applicant-
(a) meets the requirements laid down in the rules of the Institute;
(b) has made such arrangements as may be provided in the rules of the Institute, for continuing professional education;
(c) is a fit and proper person, as defined in the rules of the Institute; and
(d) at the date of the application, has the necessary competence to practise as a certified auditor, and a period of more than one year has elapsed between the date he or she has undertaken any training as provided by the rules of the Institute.
(4) The Institute shall require, as a condition for a certified auditor to remain as a member, that he or she-
(a) complies with any continuing educational, training and professional requirements as may be specified in the rules of the Institute; and
(b) demonstrates an independence of mind in the conduct of his or her functions as an auditor.
32. Refusal to register a professional accountant or certified auditor
(1) On receipt of an application under section 30 or 31 the Institute may-
(a) refuse to register an applicant as a professional accountant where the applicant-
(i) does not satisfy the requirements specified in section 30(4), or
(ii) is otherwise unfit to be registered as a professional accountant;
(b) refuse to register an applicant as a certified auditor where the applicant-
(i) does not satisfy the requirements specified in section 31(3),
(ii) has his or her licence or approval to practise as a certified auditor withdrawn, suspended, cancelled or revoked in any country, or
(iii) is otherwise unfit to be registered as a certified auditor.
(2) Where the Institute refuses to register an applicant under this section, it shall inform the applicant in writing of its refusal as soon as is reasonably practicable.
(3) A person aggrieved by the refusal of the Institute to register him or her as a professional accountant or certified auditor may, within 30 days of the decision of the Institute, apply in writing to the Council for review of the decision of the Institute and such application shall set forth any facts or legal analysis that would support a decision to register him or her.
(4) Within 21 days of receipt of notification of the decision of the Council, the aggrieved person may, after written notification to the Council, appeal to the Appeals Committee in writing, setting forth the facts or analysis that form the grounds for the appeal.
33. Registration of member firm
(1) Every firm that provides or intends to provide professional accounting services shall apply for registration to the Institute.
(2) An application under subsection (1) shall be made in writing to the Institute in such form and manner as may be prescribed.
(3) The Institute shall register the firm and enter its name and such particulars as it considers relevant in the Register of Member Firms, upon being satisfied that-
(a) all of the partners of the firm, who are in the accountancy profession are registered with the Institute;
(b) there is a written undertaking by the applicant firm and the partners who are in the accountancy profession, that they shall be bound by the disciplinary provisions of the rules of the Institute individually; and
(c) the applicant firm holds a professional indemnity insurance of such amount as the Institute may determine in its rules, or provides such other financial guarantee as the Institute may from time to time determine.
Every registered accountant or member firm shall, whenever there is a change of name or particulars of such accountant or firm, as registered in the respective registers, notify the Institute of such change within 30 days of the change occurring, in such manner as the Institute may require in its rules.
35. Certificate of registration and practising certificate
(1) Where the Institute registers-
(a) a person as a member of the Institute;
(b) a person as a professional accountant;
(c) a person as a certified auditor; or
(d) a firm as a member firm,
it shall issue to the person or firm, as the case may be, a certificate of registration.
(2) Where the Institute registers a person as a certified auditor, it shall issue to him or her, a practising certificate.
(3) A certificate of registration and a practising certificate shall be issued in such form and upon payment of such fees as may be determined by the Institute in its rules.
(1) A certificate of registration and a practising certificate shall be renewed annually.
(2) Any member or member firm wishing to renew a certificate of registration upon expiry thereof may, not less than one month before the date of expiry, make an application to the Institute for the renewal of the certificate in such form as may be prescribed.
(3) Any certified auditor wishing to renew his or her practising certificate upon expiry thereof may, not less than one month before the date of expiry, make an application to the Institute for the renewal of the certificate in such form as may be prescribed.
(4) An application under subsections (2) and (3) shall be accompanied by such fees and such information as may be determined by the Institute in its rules.
37. Cancellation or suspension of registration
(1) The Institute may either suspend or cancel the registration of a member or a member firm, and order the removal of such member or member firm from the relevant register where-
(a) the member or member firm has obtained registration by fraud or misrepresentation;
(b) the member or member firm no longer satisfies or has acted in breach of any rule of the Institute;
(c) in the case of a professional accountant, the registration of that professional accountant has been suspended or cancelled by a professional accountancy body of which he or she is a member;
(d) the member or member firm has acted in breach of the provisions of this Act; or
(e) the member has been convicted of an offence, whether in Botswana or another jurisdiction-
(i) for which he or she could have been sentenced to imprisonment without the option of a fine, or
(ii) involving dishonesty.
(2) Where the Institute cancels a practising certificate, it may also cancel the membership in the Institute of the holder of the practising certificate.
(3) Where the Institute suspends a practising certificate, it may suspend the membership of the holder of the practising certificate of the Institute for the period for which the certificate has been suspended.
38. Restoration of name to register
Where a member or member firm has been removed from the register or the registration has been suspended, the Institute may, either of its own volition, or on the application of the concerned member or member firm, made in such form as may be prescribed, and after holding such inquiry as the Council may consider necessary, direct that the name of the member or member firm be restored to the register.
(1) The Council shall make, and may from time to time amend or add to, regulations prescribing the conditions under which persons may become and remain registered students of the Institute and fees payable by them.
(2) A separate register of registered students of the Institute shall be maintained and kept.
40. Register to be prima facie evidence
(1) A register specified in this Act shall be prima facie evidence of the matters set out therein.
(2) Notwithstanding the generality of subsection (1), a certificate purporting to be under the Seal of the Institute to the effect that-
(a) the name of a person or firm does not appear in the register shall be prima facie evidence that the person or firm is not a member of the Institute;
(b) the name of a person or firm appears in the register shall be prima facie evidence that the person or firm is a registered member of the Institute; or
(c) a member has been suspended from practice as such for the period specified in the register shall be prima facie evidence that the member has been suspended from practice for that period.
(3) A copy of an entry in the register, a document in the custody of the Institute or an extract from the register or from any document purporting to be certified by the Chief Executive, shall be admitted in evidence in all courts without further proof or production of the original.
41. Offences in connection with registration
A person who-
(a) makes or causes to be made an unauthorised entry, alteration or deletion in the register;
(b) procures or attempts to procure for himself or herself or another person, registration, or a certificate of registration or a practising certificate by means of fraud, false pretence or concealment of a material fact;
(c) makes or causes to be made in connection with an application for registration, a false declaration in a document used for the purpose of establishing his or her identity;
(d) wilfully destroys or renders illegible an entry in the register;
(e) without the permission of the holder, wilfully destroys or renders illegible a certificate of registration or a practising certificate; or
(f) forges or utters, knowing the same to be forged, a document purporting to be a certificate of registration or a practising certificate, commits an offence and is liable to a fine not exceeding P250 000, or to imprisonment for a term not exceeding five years, or to both.
