By MIA Disciplinary Committee
When a member is found to be guilty of unprofessional conduct, the Disciplinary Committee (DC) shall have the powers to impose any one or any combination of the disciplinary punishments specified under Rule 18(3) of the Malaysian Institute of Accountants (Disciplinary) Rules 2002 [P.U. (A) 299/2002] (the Disciplinary Rules). In this article, we will briefly discuss the key aspects that must be observed and adhered to when a member is either removed from the register or suspended from the membership of the Institute.
A. Removed from Register – Rule 18(3)(a) of the Disciplinary Rules
- Upon commencement of a decision by the DC or an order made by the Disciplinary Appeal Board (DAB), a member who is removed from the Register shall cease to become a member of the Institute.
- The member shall surrender his certificate of membership or practising certificate, to the Registrar within fourteen (14) days from the date of the notification of such removal.¹ The Council may apply to the Court for an order to be imposed on any member who fails to surrender the certificate of membership or the practising certificate.²
- Any person may reapply for readmission after expiration of five (5) years after removal and in considering an application, the Council shall exercise its discretion and the Council’s decision shall be final.³
B. Suspension – Rule 18(3)(b) of the Disciplinary Rules
- The DC or the DAB is empowered to suspend a member for a specific period not exceeding three (3) years. At the end of the suspension period, the membership shall immediately be restored and no application for readmission is required to be made.⁴
- The member shall continue to pay all fees that are due and payable during the suspension period.⁵ However, a member shall cease to enjoy any benefits conferred by the Institute during the suspension period⁶ and it shall immediately be restored at the expiry of the suspension period.
- The member shall surrender his certificate of membership or practising certificate, as the case may be, to the Registrar within fourteen (14) days from the date of the notification of such suspension.¹ ᵃᵇᵒᵛᵉ
- The member shall not provide or engage in any public practice services as defined in Rule 2 of the Malaysian Institute of Accountants (Membership and Council) Rules 2001 during the suspension period.
- The member can be subjected to an investigation by the Investigation Committee of the Institute and a disciplinary proceeding by the Disciplinary Committee of the Institute during the suspension period.
- The member shall continue to comply and complete the required Continuing Professional Education (CPE)⁷ during the suspension period.
- Lastly, whether an order of removal or a suspension is imposed, a member must pay all monetary penalty and cost and expenses failing which, it shall be recoverable as a debt due to the Institute.⁸
¹ Rule 22 of the Disciplinary Rules
² Rule 24 of the Disciplinary Rules
³ Rule 23 (1) and (2) of the Disciplinary Rules
⁴ Rule 20 (1) of the Disciplinary Rules
⁵ Rule 21 of the Disciplinary Rules
⁶ Rule 20 (2) of the Disciplinary Rules
⁷ Section B110 on Continuing Professional Education of the MIA By-Laws (On Professional Ethics, Conduct and Practice) of the Malaysian Institute of Accountants [Updated 5 November 2024]
⁸ Rule 25 of the Disciplinary Rules
