At the 3rd regular meeting of its Assembly held on 23 February 2001 and pursuant to the second indent of Article 17 of the Statute of the Slovenian Association of Actuaries, the Slovenian Association of Actuaries adopted the following

 

DISCIPLINARY RULES

 

Introduction

Article 1

These Disciplinary Rules shall determine disciplinary violations and the decision-making procedure followed by the Arbitration Court of Honour of the Slovenian Association of Actuaries (hereinafter: the Court of Honour) in cases of bringing disciplinary measures against members of the Association in line with Article 23 of the Statute of the Slovenian Association of Actuaries.

 

Disciplinary violations

Article 2

Disciplinary violations handled by the Court of Honour shall include:

• violations of provisions of the Statute of the Slovenian Association of Actuaries;
• the unscrupulous and careless acceptance and carrying out of assignments and duties within the Association;
• a failure to execute resolutions adopted by the bodies of the Association; and
• any acts conflicting with the Code of Professional Conduct of the Association or which in any other way harm the Association’s reputation.

 

Disciplinary measures

Article 3

The Court of Honour may, under these Rules, pronounce the following disciplinary measures:

• admonition;
• public admonition; or
• exclusion from the Association.

 

Minor violation

Article 4

The Court of Honour shall pass an admonition where provisions of the second indent of Article 2 of these Rules are violated, or where a membership fee is not paid as stipulated in the second indent of Article 12 of the Statute of the Slovenian Association of Actuaries.

 

Serious violation

Article 5

The Court of Honour shall pass a public admonition where the first and second indents of Article 2 of these Rules are violated. All members of the Association shall be informed about such a public admonition.

 

Expulsion from the Association

Article 6

The Court of Honour may expel from the Association any member whose activities may bring the Association into disrepute or who fails to act in accordance with the Code of Professional Conduct of the Slovenian Association of Actuaries.

 

Body in charge of the procedure

Article 7

The Court of Honour shall be the body of the Association in charge of the procedure and authorised for pronouncing disciplinary measures under these Rules.

 

The Court of Honour

Article 8

In accordance with Article 23 of the Statute of the Slovenian Association of Actuaries, members of the Court of Honour shall be elected by the Assembly of the Slovenian Association of Actuaries for a 4-year term of office.

The Court of Honour shall comprise 3 members, who shall elect the President of the Court of Honour from among themselves.

 

Commencement of the disciplinary procedure

Article 9

The Court of Honour shall commence a disciplinary procedure following a written request submitted by members or bodies of the Association (Assembly, Managing Committee, Supervisory Committee, President) or the users of actuarial services.

On the basis of the written request submitted by the persons referred to in the first paragraph of this Article, the Court of Honour must convene a session of the Court of Honour no later than 30 days following the date of receiving such a written request.

 

Disciplinary procedure

Article 10

The Court of Honour must inform the member of the Association of Actuaries about the commencement of a disciplinary procedure against him by serving on him the written request to start the disciplinary procedure.

The member of the Association of Actuaries against whom the disciplinary procedure has been initiated shall have the right to defend himself.

 

Convening of a session

Article 11

The Court of Honour shall make decisions at sessions. Sessions of the Court of Honour shall be convened and presided over by the President of the Court of Honour and, in the event of his absence, by one of the other members of the Court of Honour.

The Court of Honour shall inform the member against whom the disciplinary procedure has been commenced about the session at least 8 days prior to the session and shall serve on him a copy of the request for the disciplinary procedure, unless the Court of Honour has already done so.

The Court of Honour shall make the member aware that the Court shall decide on disciplinary measures against him in his absence, unless there are justified reasons for his absence.

The Court of Honour shall inform the member about his right to defend himself and produce evidence at the session.

 

Taking of evidence

Article 12

The Court of Honour shall take evidence at the session according to proposals stated in the request to commence the disciplinary procedure and on proposals given in the defence of the member undergoing the disciplinary procedure. The Court of Honour may, at its own discretion, also take other evidence. Following the procedure of taking evidence, the Court of Honour shall reach a decision about the request for institution of the procedure. The disciplinary procedure before the Court of Honour of first instance shall end within 90 days of commencing the procedure.

 

Adopting decisions

Article 13

Decisions made by the Court of Honour shall be valid if all members of the Court of Honour are present at the session.

The Court of Honour shall adopt decisions unanimously by secret vote.

Where a disciplinary procedure is commenced against a member of the Court of Honour, decisions adopted by the Court of Honour shall be deemed valid if all the other members of the Court of Honour and the President of the Supervisory Committee of the Association are present at the session.

 

Form and delivery of resolutions

Article 14

Decisions made by the Court of Honour shall take the form of resolutions.

Any resolution adopted by the Court of Honour shall consist of an introduction, operative part, explanation and instruction about legal assistance.

In addition to the mandatory data under the Administrative Procedure Act, resolutions shall also include the name and surname of the President and those members of the Court of Honour who participated in the decision-making.

A resolution shall be signed by the President of the Court of Honour or by the person who was in charge of the disciplinary procedure.

A resolution shall be produced in written form in two copies, one of which shall be issued to the member who underwent the disciplinary procedure.

 

Presence at sessions

Article 15

In addition to members of the Court of Honour, other members can also attend sessions without having the right to vote.

The course of the session shall be recorded in shortened minutes. The minutes shall be signed by all the present members of the Court of Honour and the person taking down the minutes.

The Managing Committee of the Association shall provide administrative and professional support for the work of the Court of Honour.

 

Appeal

Article 16

A member shall have the right to appeal to the Assembly of the Slovenian Association of Actuaries against a resolution adopted by the Court of Honour as the body of first instance.

An appeal must be submitted in one copy to the Court of Honour within 15 days of receiving a written copy of the resolution.

Article 17

The Court of Honour shall use the seal of the Slovenian Association of Actuaries for official purposes.

 

President of the Managing Committee Evgen SimsiÄŤ