CONSTITUTION OF THE

Accounts, etc.

PART 111

PUBLICATION OF REGISTERS
AND  LISTS  OF  CORRECTION

(a) to cause the register to be printed, published and put on sale to the members of the public not later than two years from the commencement of this Constitution;

(b) thereafter in each year, to cause to be printed, published and put on sale to the members of the public as aforesaid, either a corrected edition of the register or a list of corrections made to the register since it was last printed.

(c) to cause a print of each edition of the register and of each list of corrections to be deposited at the principal offices of the Institute; and

(d) to keep the register and the lists so deposited to be made available to members of the public at all reasonable times for inspection.

(ii)         A document purporting to be a print of an edition of the register published under this section by authority of the Director, or documents purporting to be prints of an edition of the register so published and of a list of corrections to that edition so published, shall (without prejudice to any other mode of proof) be admissible in any proceedings as evidence that any persons specified in the document or the documents read together, as being registered, was so registered at the date of the addition or of the list of corrections as the case may be, and that any persons not so specified was not, so enrolled or registered.

(iii) Where in accordance with subsection (2) of this section, a person is, in any proceedings, shown to have or not to have been registered or enrolled at particular date, he shall, unless the contrary is proved to be taken for the purposes of those proceedings as having at all material times thereafter continued not to be so enrolled or registered.

Registration

(a) he is of good character and high integrity;

(b) he had attained the age of twenty-one years; and

(c) he has not been convicted in Nigeria or any other country of an office involving fraud, dishonesty or gross misconduct.

(ii) The Council may, in its absolute discretion, provisionally accept a qualification produced in respect of an application for registration under this section or direct that the application be renewed within such period as may be specified in the direction.

(iii)     Any entry directed to be made in the register under subsection (2) of this section shall show that the registration is provisional and no entry so made shall be converted to full registration without the consent of the Council signified in writing in that behalf.

(iv)     The Council shall from time to time publish its office particulars of the qualification for the time being accepted for registration.

Approval Of Qualification, etc.

(a) any course of training at any approved institute  which is intended for persons seeking to become or are already Loss Adjusters and which the Council considers is designed to confer on persons completing it, sufficient knowledge and skill for the practice of the profession.

(b) any qualification which, as a result of, an examination taken in conjunction with a course of training approved by the Council under this section is granted to candidates reaching a standard at the examination, indicating in the opinion of the Council that the candidates have sufficient knowledge and skill to practice as Loss Adjusters.

(ii)     The Council may, if it thinks fit, withdraw an approval given under this section in respect of any course, qualification of institution; but before withdrawing such an approval the Council shall

(a) give notice that it proposes to do so to each person in Nigeria appearing to the Council to be a person by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be;

(b) afford such person an opportunity to make to the Council representations with regard to the proposal; and

(c) take into consideration any representation made in respect of the proposal in pursuance of paragraph (6) of this subsection

(iii)     A course, qualification or institution shall not be treated as approved during any period the approval is withdrawn under subsection (2) of this section

(iv)     Notwithstanding the provision of subsection (3) of this section, the withdrawal of an approval under subsection (2) of this section shall not prejudice the registration, eligibility for registration of any person who by virtue of or subject to his obtaining a certificate of experience immediately before the approval was withdrawn.

(v)     The giving or withdrawal of an approval under this section, shall have effect from such date, either before or after the execution of the instrument signifying the giving or withdrawal of the approval as the Council may specify in the instrument and the Council shall;

(a) as soon as may be possible publish a copy of every such instrument in its office; and

(b) not later than seven days before its publication as aforesaid, send a copy of the instrument to the director.

Supervision Of Instruction, etc.

(a) the instruction given at approved institutions to persons attending approved courses of training and

(b) the examination as a result of which approved qualifications are granted; Committee either from among its own members or otherwise to visit approved institutions to attend such examinations.

(ii) It shall be the duty of a Committee appointed under subsection (1) of this section to report to the Council on;

(a) the sufficiency of the instructions given to persons attending approved course of training at institutions visited by it;

(b) the sufficiency of the examinations attended by it; and

(c) any other matters relating to the institutions or examinations which the Council may, either generally or in a particular case, request it to report, but no Committee member shall interfere with the giving of any instruction or the holding of any examination.

(iii) On receiving a report made in pursuance of this section, the Council may if it thinks fit and shall, if so required by the Institute, send a copy of the report to the person appearing to the Council to be in charge of the institution or responsible for the examination to which the report relates, requesting that person to make observations on the report to the Council within such period as may be specified in the request, not being less than one month beginning with the date of the request.

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PART V

PROFESSION DISCIPLINE

The Disciplinary Committee

(ii) The Disciplinary Committee shall consist of the Chairman and two other members of the

Council appointed by the Council.

(iii) There shall be a body to be known as the Institute of Loss Adjusters of Nigeria

Investigating Panel (in this Constitution referred to as “the Investigating panel”) which shall be charged with the duty of

(a) conducting a preliminary investigation into any case where it is alleged that a member has misbehaved in his capacity as a Loss Adjuster or should for any other reason by the subject of proceedings before the Disciplinary Committee and deciding whether the case should be referred to the Disciplinary Committee.

(iv) The Investigating Panel shall be appointed by the Council and shall consist of two members of the Council and one practicing Loss Adjuster who is not a member of the Council.

(v) The provisions of Schedule 2 to this Constitution shall so far as they are applicable to the

Disciplinary Committee and the Investigating Panel respectively have effect with respect of those bodies.

(vi) The Council may make rules not inconsistent with this Constitution as to acts which constitute professional misconduct.

Penalties

20- (i) A person enrolled or registered under this Constitution if convicted, by any Court or Committee in Nigeria or elsewhere having power to impose imprisonment or fine for an offence (whether or not punishable with imprisonment) which in the opinion of the Disciplinary Committee is incompatible with the status of a Loss Adjuster or;

(b) the Disciplinary Committee is satisfied that the name of any person has been fraudulently enrolled or registered the Disciplinary Committee may if it thinks fit, give a direction reprimanding that person or fining such persons or ordering the Director to strike his name off the relevant part of the register.

(ii) The Disciplinary Committee may, if it thinks fit, defer or further defer its decision as to the giving of a director under subsection (1) of this section until a subsequent meeting of the Disciplinary Committee; but

(a) no decision shall be deferred under this section for periods exceeding one year in the aggregate; and

(b) no person shall be a member of the Disciplinary Committee for the purposes of reaching a decision which he was present as a member of the Disciplinary Committee when the decision was deferred.

(iii) For the purposes of subsection (1( (b)  of this section, a person shall not be treated as convicted as therein mentioned, unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.

(iv) When the Disciplinary Committee gives a direction under subsection (1) of this section, the Disciplinary Committee shall cause notice of the direction to be served on the person to whom it relates.

(v) The person to whom a direction given under subsection (1) of this section relates may, at any time within twenty-eight days from the date of service on him of notice of the direction, appeal against the direction to the Federal High Court and the Disciplinary Committee may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Federal High Court, the Disciplinary Committee shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.

(vi)     A direction of the Disciplinary Committee under subsection (1) of this section shall take effect where.

(a)     no appeal under this section is brought against the direction within the time limited for such an appeal, or on the expiration of that time; or

(b)     any such appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed.

(vii)     A person whose name is struck off the register in pursuance of a direction of the Disciplinary Committee under this section, shall not be entitled to be enrolled or registered again, except in pursuance of a direction in that beheld; given by the Disciplinary Committee on the application of that person.

(viii)     A direction under this section for the striking off a person’s name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has duly made such a application from the date of his last application) as may be specified in the direction.

PART VI

MISCELLANEOUS AND GENERAL

Membership Enrollment

(ii) Where an application under subsection (1) of this section is approved by the Council the applicant shall be enrolled or registered, as the case may be, according to his qualification.

A Member

(a) engage himself in the practice of the profession or holds himself out to the public as a Loss Adjuster; or

(b) renders professional service or assistance in or about matter or principle or detail relating to Loss Adjusting procedure or

(c) renders any other service which by regulations made by the Council, be designated as service constituting Loss Adjusting practice.

(2) Nothing in this section shall be construed so as to apply to persons who, while in full time employment of any government, are required under the terms or in the course of such employment, to perform the duties or any of the duties of a Loss Adjuster.

Training Rules

(a) the training in Loss Adjusting, of suitable persons in Loss Adjusting methods and practice; and

(b) for the supervision, regulation, engagement, training and transfer of such persons.

(ii) The Council may also make rules

(a) prescribing the amount and due date for payment of the annual subscription and for such purpose different amounts may be prescribed by the rules according to whether the person is enrolled as a fellow including Life Member, Associate, Student or an Ordinary Member,

(b) prescribing the form of licence to practice; and a Loss Adjuster must possess an annual practicing licence issued by the Institute.

(c) restricting the right to practice Loss Adjusting in default of payment of the amount of the annual subscription where the default continues for longer than such period as may be prescribed by the rules.

(iii) Rules when made under this section shall, be in writing and made available to Members .

Library Facilities

(a) provide and maintain a library comprising books and publications for the advancement of Knowledge of Loss Adjusting and such other books and publications as the Council may think necessary for that purpose; and methods and allied subjects to the extent that the Council may; from time to time, consider necessary.

General Issues

(a) makes a statement which he believes to be false in a material particular, or

(b) recklessly makes a statement which is false in a material particular he shall be guilty of an offence.

(ii) If, on or after the relevant date, any person who is not a member of the Institute

practices or holds himself out as Loss Adjuster for or in expectation of a reward or takes or uses any name, title, addition or description implying that he is a Loss Adjuster; he shall be guilty of an office provided that, in the case of a person falling within section 16 of this Constitution.

(a) this subsection shall not apply in respect of anything done by him during the period of three months mentioned in that section; and

(b) if within that period he duly applies for membership for the Institute then, unless within that period, he is notified that his application has not been approved, this subsection shall not apply in respect of anything done by him between the end of that period and the date on which he is enrolled or registered or notified as aforesaid.

(c) It shall be considered an offence for a member to practice as Loss Adjuster under an unregistered firm of Loss Adjuster’s and disciplinary procedures shall be taken accordingly.

(iii)    If the Director or any other person employed by or on behalf of the Institute willfully

  makes any falsification in any matter relating to the register, he shall be guilty of an offence.

(iv)     A person guilty of an offence under this section shall be liable.

(a) be fined an amount not exceeding N1,000; or

.

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

(vi) In this section, ‘ the relevant date’ means the first anniversary of coming into force of this Constitution.

Rules Publication

26 – (i)  Any regulation made under this Constitution shall be in writing as soon as may be, after they are made and a copy of any such regulation shall be sent to all Registered Members not later than three months after being made.

       (ii)   Rules made for the purposes of this Constitution, shall be subject to confirmation by the Institute at its general meeting or at any special meeting of the Institute convened for that purpose, and if then annulled, shall cease to have effect on the day after the date of annulment, but without prejudice to anything done in pursuance or intended pursuance of any such rules.

Interpretation

‘Council’ means the council established as the governing body of the Institute under this Constitution.

‘Disciplinary Committee’ means the Institute of Loss Adjusters of Nigeria

Disciplinary Committee established under section 19 of this Constitution

‘Fees’ includes annual subscription;

Director means Director of the Institute which term also shall be taken as referring to Registrar until the positions are separated by Council

‘Institute’ means the Institute of Loss Adjusters of Nigeria established under section 1 of this Constitution.

‘Loss Adjuster’ means any person who is registered under this Constitution in any of the categories of membership.

‘Investigating Panel’ means the Institute of Nigeria

Investigating Panel established under section 19 (3) of this Constitution , ‘member of the Institute’ means an enrolled Fellow, Associate or a Loss Adjuster registered by the Institute and ‘membership of the Institute’ shall be construed accordingly.

“Minister” means Minister of Finance of the Federation of Nigeria

“President” and : Vice President” means respectively the office holders under those names in the Institute.

“Profession” means the profession of Loss Adjusting;

‘Register’ means the register maintained in pursuance of section 8 of this Constitution.

SCHEDULES

Schedule 1 ‘Supplementary Provisions Relating to The Council’

Council

1-  (i)   The Council shall be elected by members at an Annual General Meeting of the Institute and shall consist of the President, the Vice President, Immediate past President and six (6) other members to be known as “Councillors” to be not less than 3 or more than such number as shall be determined by the Institute in general meeting and until otherwise determined the total of such number shall be Nine.

(ii) The Council so elected shall hold office for two consecutive years and shall retire at the Second Annual General Meeting of the Institute following their election.  All members of the Council shall so retire and a new Council shall be elected.  A  retiring member of the Council shall be eligible for re-election.  Only Fellows and/or Associates of the Institute with not less than eight consecutive years experience of practice as a Loss Adjuster after his election as an Associate shall be eligible for nomination for election to the Council.

(iii) The election of members of the Council shall be conducted in the following order:

(a) Election of the President, an affirmation that the retiring Vice President be and is duly returned as the President, provided that the retiring President has served for 2 consecutive terms.

(b) Election of the Vice –President

(c) Election of Councilors.

(iv) The Director shall include in the Notice convening the Annual General Meeting nomination forms for the office of Vice –President and Councilors

(v) To be eligible for affirmation/election as President or Vice President a candidate must;

(a) be either a Fellow or Associate of the Institute

(b) have been a member of the Council for consecutive period of three (2) years prior to the election

  Not have served as President for two consecutive terms prior to the election.

Tenure Of Office

2 (i)     A member of the Institute who ceases to be a member thereof shall, if he is also member of the Council cease to hold office on the Council.

(ii) A member of the Council may, by notice in writing under his hand addressed to the President, resign his office;

(iii) Elections to the Council shall be held in such manner as may be prescribed by the rules made by the council and until so prescribed by rules made by the Council they shall be decided by secret ballot.

(iv) If an elected member of the council ceases to hold office before the date when his term of office would have expired, the Council may, if the time between the unexpired portion of the term of office and the next general meeting of the institute appear to warrant the filling of the vacancy, co-opt some other fit person for the residue of the time as aforesaid.

Powers Of Council

(ii) Meeting of the Council may be held at the call of the President or in his absence the  Vice-

President and shall be held in response to a requisition lodged with the Director and signed by not less than two members of the Council.   At least seven days written notice of a Council meeting shall be given to all members of the Council.

(iii) At meetings of the Council, three members of the Council shall form a quorum.

(iv) At every meeting of the Council the President, if he shall be present, failing him the Vice-President and in his absence a member of the Council chosen by those present shall be Chairman.  The Chairman shall have both a deliberative and casting vote.

(v) The Council shall cause Minutes to be made in books provided for the purpose:-

(a) of all appointments of officers made by the Council;

(b) of the name of the members of the Council present at each meeting of the Council and of any Committee thereof;

(c) of all resolutions and proceedings at all meetings of the Institute and of the Council and of Committees thereof shall sign his name in a book to be kept for that purpose.

(vi) A resolution in writing (which may consists of several documents in like form each signed by one or more Councilors) shall be as valid and effectual as if it has been

Passed at a meeting of the Council duly called and constituted PROVIDED THAT  no resolution shall be so signed in relation to the acquiring or disposing of a property of the Institute or the electing or expulsion of members.

(vii) The Council shall have the power to Co-opt in to the Council not more than two members of the Institute who must be persons eligible or qualified for election into the Council.  Such Co-opted Councilors shall have the same powers as elected Councilors and if this is done, the number of all Councilors including the President and Vice-President, shall not exceed eleven.

Proceedings Of The Council

make standing orders regulating the proceedings of the Institute or the Council and in the exercise of its powers under this Constitution may set up Committees in the general interest of the Institute and make standing orders thereof.

(ii) Standing orders made for a Committee shall provide for decisions to be taken by a

majority of the members and, in the event of equality of votes, the President or the Chairman, as the case may be, shall have a second or casting vote.

(iii) Standing orders made for a Committee shall provide for the Committee to report to the Council on any matter referred to it by the Council.

(iv) The quorum of the Council shall be three and the quorum of a Committee of the Council shall be determined by the Council.

Meeting Of The Council

whenever it is summoned by the President  and if the President is required, to do so, by notice in writing given to him by not less than three other members he shall summon a meeting of the Council to be held within seven days from the date on which the notice is given.

(ii) At any meeting of the Council, the President or Vice-President or in their absence, the members present at the meeting shall appoint one of their number to preside at the meeting.

(iii) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him as a member for such period as the Council thinks fit; but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum.

(iv) Notwithstanding anything in the forgoing provisions of the paragraph, the first meeting of the Council shall be summoned by the President of the Institute.

Committees

(ii) A Committee appointed under this paragraph shall consist of the number of persons

determined by the Council, of whom not more than one-third may be persons who are not members of the Council, and a person other than a member of the Council shall hold office on the Committee in accordance with the terms of the letter by which he is appointed.

(iii) A decision of a Committee of the Council shall be of no effect until it is confirmed by the Council.

Miscellaneous

(ii) Any Contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal, may be made or executed on behalf of the  Institute or of the Council, as the case may require, by any person generally or specially authorised to act for that purpose by the Council.

(iii) Any document purporting to be a document duly executed under the seal of the Institute shall be received in evidence and shall unless  the contrary is proved, be deemed to be so executed.

8- The validity of any proceeding of the Institute or of the Council or of a Committee of the Council shall not be adversely affected by any vacancy in the membership or by any defect in the appointment of a member of the Institute or of the Council of a person serving on the Committee or by reason that a person not entitled to do so took part in the proceedings.

9- Any member of the Institute or of the Council and any person holding office on a Committee of the Council, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Council on behalf of the Institute or on behalf of the Council or Committee thereof; shall forthwith disclose his interest to he President or to the Council as the case may be and shall not on question relating to the contract or arrangement.

10-  A person shall not by any reason only of his membership of Institute be treated as holding an office in the public service of the Federation.

Schedule 2 - Supplementary Provision Relating To The Disciplinary  Committee and Investigating Panel

Disciplinary Committee

1-    The quorum of the Disciplinary  Committee shall be four members to the selection of members of the Disciplinary  Committee for the purpose of any proceeding, the procedure to be followed and the rules of evidence to be observed in proceedings before, the Disciplinary  Committee.

(a) for securing that notice of the proceedings shall be given at such time and in such manner, as may be specified by the rules, to the person who is the subject of the proceedings.

(b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings

(c) for securing that any party to the proceedings shall, if he so require be entitled to be heard by the Disciplinary  Committee.

(d) for securing that any party to the proceedings may be represented by a legal practitioner.

(e) For requiring in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Disciplinary Committee adjudges that the allegation has not been proved it shall record a finding that the persons is not guilty or such conduct in respect of the matters to which the allegation relates.

(f) For entry in the minute’s book of the Institute any direction of the Disciplinary Committee which has taken effect providing that a person’s name shall be struck off a register.

(3)-  For the purposes of any proceeding before the Disciplinary Committee any member of the Disciplinary Committee may administer oaths and any party to the proceedings may sue out of the registry of the High Court writes of subpoena and testificadum and duces tecum but no person appearing before the Disciplinary Committee shall be compelled.

(a) to make any statement before the Disciplinary Committee tending to incriminate himself, or

(b) to produce any document under such a writ which he could not be compelled to produce at the trial of an action.

Investigative Panel

5-   (i)  The Investigating Panel may, at any of its meeting attended by all the members of the Investigating Panel, make standing order with respect

(ii) Subject to the provisions of any such standing orders, the Investigating panel may regularise its own procedure.

6- (i)    A person ceasing to be a member of the Disciplinary Committee or the Investigating Panel shall be eligible for appointment as a member of the Disciplinary Committee or Investigating Panel, as the case may be.

(ii) A person may, if otherwise eligible, be a member of both the Disciplinary Committee or Investigating Panel, as the case may be, be a member of both the Disciplinary Committee and the Investigating Panel; but no person who acted as member of the Investigating Panel with respect to any case shall act as a member of the Disciplinary Committee with respect to that case.

7-         The Disciplinary Committee or the Investigating Panel may act notwithstanding any vacancy in its membership; and the proceedings of either body shall not be invalidated by any irregularity in the appointment of a member of that body or subject to paragraph 6 (2) of the Schedule by reason of the fact that any person who was not entitled to do so took part in the proceedings of that body.

8- Any document authorised or required by virtue of this Constitution to be served on the Disciplinary Committee or the Investigating Panel shall be served on the Director.

9- Any expenses of the Disciplinary Committee or the Investigating Panel shall be defrayed by the Institute.

Schedule 3- Supplementary Provisions Relating to the General Meeting of the Institute
 

General Meetings

(2) The above mentioned General Meeting shall be called Annual General Meeting; all other general meetings shall also be convened on such requisitions of members of the Institute as provided by the Law.

(3) The Council may, whenever it may think fit, convene an extraordinary general meetings, an extraordinary general meeting shall also be convened on such requisitions of members of the Institute as provided by the Law.

(4) At all general meetings ten (10) members present in person shall form a quorum.

(5) Seven days notice at the least (except in the case of special resolution requiring twenty-one days’ notice) specifying the place, the day and the hour of meeting and, in case of special business, the general nature of that business, shall be given in manner hereinafter mentioned, to such persons as are, under this constitution, entitled to receive such notice from the Institute.

(6) All business shall be deemed special, that is, transacted at an extraordinary general meeting, and all that transacted at any annual general meeting, with the exception for the consideration of the accounts, balance sheets, and the reports of the Council and Auditors prescribed by the Law, the election of the Council fixing of remuneration of the Auditors.

(7) The omission to give the required notice to any member shall not invalidate the proceedings at any meeting.

(8) Save as next provided no business shall be transacted at any meeting unless a quorum of members be present at the time when the meeting commences business.

(9) If within half an hour from the time appointed for a meeting a quorum be not present the meeting if convened by or on the requisition of members shall be dissolved.  In any other case it shall stand adjourned to the same day in the next week at the same time and place or at such time and place as the Members present shall determine and at such postponed meeting the business shall be transacted by the members present which shall be deemed a quorum whatever their number.

(10) The President of the Institute or failing him the Vice-President shall preside as Chairman at every meeting of the Institute.  If within fifteen minutes after the time appointed for holding such meeting neither the President nor the Vice President be present the members present shall choose one of the members of the Council to be Chairman or if no member of the Council be present and willing to act, the members present shall choose one of their number to be Chairman.  No business except the election of a Chairman shall be discussed or transacted at any Meeting whilst the Chair is vacant.

(11) The Chairman of a Meeting may with the consent of a majority of those present and entitled to vote thereat adjourn the same from time to time place to place but no business shall be transacted at any adjourned meeting other than business left unfinished at the Meeting from which the adjournment took place.  When a given meeting is adjourned for ten days or more, notice of the adjourned meeting shall be given as in the case of the original meeting.  Save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting.

(12) At any meeting every question shall be decided in the first instance by a show of hands unless a poll be demanded in manner hereinafter provided; and declaration by the Chairman that a resolution or by a particular majority and an entry to that effect in the  Minutes Book of the Institute shall be conclusive evidence of the fact without proof of the number of votes recorded in favour of or against resolution.

(13) At any meeting a poll may be demanded before or upon the declaration of a show of hands by the Chairman or by notice in writing signed by five members present at the meeting and such poll shall be taken in such manner and at such time and as the Chairman shall direct and the result of such poll shall be deemed to be the resolution of the Institute in such meeting.  Incase of an equality of votes either on a show of hands or on a poll the Chairman shall be entitled to a casting vote in addition to the vote to which he is entitled as a Member. The demand for a poll may be withdrawn.

(14) The demand for a poll shall not prevent the continuance of a meeting for the transaction of any business other than the question on which a poll has been demanded.

(15) At General Meeting any resolution adopted by a bare majority or by such a majority as the Institute may from time to time prescribe of those members having a right to vote and voting at such meetings shall be deemed and it hereby declared a resolution of the Institute.

(16) Except where otherwise specially provided notice may be served upon any member either personally or by sending it through the post in a prepaid letter or telefax addressed to such member to his address as entered in the Register of Members.

(17) Any notice to be given hereunder shall be deemed sufficiently served by sending it through the post in a prepaid letter and to prove such service it shall be sufficient to prove that the letter continuing such notice was properly addressed and posted.

Examination

1. EXAMINATION OF THE INSTITUTE

The Institute shall have power to conduct Professional Examinations of the Institute and for this purpose the Council is empowered to make detailed Regulations, and subsequent amendment which must be presented to a General Meeting for adoption.

A General Meeting for the purpose of approving such a resolution shall be valid if notice of at least 21 days is given specifying the intention to propose for adoption such Examination Regulations.

Schedule 5 - Relating to the Administration and Accounts of the Institute

Idemnity

2. No member of the Council or of any Committee and no officer of the Institute shall be liable of the acts, receipts, neglects or defaults of any other member of the Council or of any Committee or of any other officer or of joining in any receipt or other act for conformity or for any loss or expense happening to the Institute through the insufficiency of title of any property acquired by order of the Council for or on behalf of the Institute or for the insufficiency or deficiency of any security in or upon which any of the monies of the Institute shall be invested or for any loss or damage arising from the bankruptcy, insolvency or tortious act of any person with whom any monies securities or effect shall be deposited or for any loss occasioned by any error of judgment or oversight on his part or for any other loss, damage or misfortune whatever which shall happen in the execution of the duties of his office or in relation thereto unless the same happened through his own negligence default breach of duty or breach of trust.

Appointment of Director/Registrar

Remuneration

(i)    Any Officer or Trustee hereof being a person engaged in a profession or business shall be entitled to be paid fair fees or wages out of the Trust Fund for all acts done and time expended in or about the business of the Trust hereof by himself or his firm including acts or business which might be done or transacted by the Trustee personally and not requiring the employment of a person engaged in such profession or business for the transaction thereof.  Such fair fees and wages shall be determined by members in general meeting.

(ii) The Income and Property of the Institute whensoever derived shall be applied solely  towards the promotion of the objects of the Trust Body as set forth in the Constitution/Rules and Regulations of the Trust Body and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever byway of profit to the members of the Trust Body PROVIDED that nothing herein shall prevent the payment in good faith, of reasonable and proper remuneration to any officer or servant of the Trust Body or to any member of the public in return for any service actually rendered to the Trust Body.

(iii) In the event of winding up or dissolution of the Trust Body there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members of the Institute but shall be given or transferred to some other Institution or Institutions having objects similar to the objects of the Institute and the Body or Bodies are prohibited from distributing its or their income and property amongst its or their members to an extent at least as great as is imposed on the Trust Body under and by virtue of this Constitution or the Regulations and such Institution or Institutions shall be determined by the Trustees of the Trust Body at or before the time of dissolution and if in so far as effect cannot be given to the aforesaid provision then to some charitable object.

Trustees Appointment

(ii) A Trustee shall hold office for not less than four years and shall be eligible for re-election.  

(iii) The number of Trustees shall not be more than four nor less than two.

(iv) The Trustees for the time being  are……………………………………………..

(v) A Trustee shall vacate the office of a trustee if:-

(a) A resolution calling for his removal is passed by a majority of 10 (Ten) members at Extraordinary meeting of which not less than 21 days notice in  writing has been circulated to members.

(b) Resigns his post as a Trustees

(c) Become insane or of unsound mind

(d) Is officially declared bankrupt

(e) Ceases to reside in Nigeria

(vi) Upon a vacancy occurring in the number of trustees a general meeting will be held to appoint and fill the vacancy.

(vii) The Trustees shall have a Common Seal bearing the inscription “RegisteredTrustees of the Institute of Loss Adjusters of Nigeria”.

(viii) Such Common Seal will be kept in the Custody of the Director/Registrar/Secretary who shall produce it when required for use by the Trustees.

(ix) All documents to be executed by the Trustees shall be signed by such of them and sealed with the Common Seal.

(x) The Trustees shall apply to the Minister for Certificate of Incorporation under the Companies and Allied matters Act 190.

(xi) If such certificate is granted, the Trustee shall have power to accept and hold in trust all land belonging to the Institute of Loss Adjusters of Nigeria and to acquire land on behalf of the Institute subject to such condition as the Minister may impose.

Finance

(b) All purchases of goods by the Institute and

(c) The assets and liabilities of the Institute

The accounts shall be kept at the registered office of the Institute or at such other place or places as the Council shall think fit, and shall always be open to the inspection of the members of the Council.

(ii) The Council shall from time to time determine whether and to what extent and at what times and places and under what conditions or regulations the accounts and books of the institute or any of them shall be open to the inspection of members not being members of the Council and no member (not being a member of the Council) shall have any right of inspecting any account or book or document of the Institute except as conferred by Statute or by Clause 4 (f) of this Constitution or authorised by the Council or Institute in general meeting.

(iii) The Council shall from time to time in accordance with this Constitution cause to be prepared and to be laid before the Institute in general meeting such accounts balance sheets reports made up to date not earlier than the date of the meeting by more than four months.

(iv) A copy of every balance sheet (including every document required by law to be annexed or attached hereto) which is to be laid before the Institute in general meeting shall not less than seven days before the date of meeting be sent to all persons entitled to receive notice of general meetings of the Institute.

(v) Auditors shall be appointed and their duties regulated in accordance with this Constitution.

(vi) On grant of Corporate Certificate, a Bank Account/Name Accounts shall be opened in the name of “Institute of Loss Adjusters of Nigeria”.

(vii) All money collected under the auspices of the Institute shall be paid into the account within 15 days from the date of such collection.

(viii) All cheques, bills of exchange, promissory notes, share certificates, share warrants, documents of title to land or of any proprietary  interest etc, shall be made in the name of “Institute of Loss Adjusters of Nigeria”.

Officers Election

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Amendment

COMMENCEMENT:

This Constitution was adopted by members of the Institute of Loss Adjusters of Nigeria at a

meeting held at Lagos on …………………..and shall be deemed to have come into effect
 

PRESIDENT:
 

VICE PRESIDENT:
 

REGISTRAR/SECRETARY OF COUNCIL
 

Dated this………………………..Day of……………………………2003