Code of conduct
Association de Brecourt
CODE OF PROFESSIONAL CONDUCT
INTRODUCTION
The Code of Professional Conduct (the “Code”) provides a broad set of principles for the conduct of a member’s professional activity. It is not intended to set forth detailed rules, regulations and prescriptions. As such, the spirit of the Code is paramount in interpreting its application in individual situations.
It is recognised that the essence of the Association is its multidisciplinary nature and diversity. Members carry on their professional activities in a variety of settings. Additionally, many Members – notably accountants and lawyers – are subject to another professional code of conduct based on another professional qualification. In the event of any conflict between this Code and any other, Members should seek the guidance of the Executive. Given the international and geographically diverse nature of the Association, Members also carry on their professional work in many countries with different legal and regulatory systems, rules, practices and customs. The intent of the Code is to distill a common set of principles of ethical and professional conduct for Members in order to ensure that they achieve a high standard of professional practice, and to protect both the interests of the clients to whom services are provided and the interests of the Association.
1. GENERAL LAW AND RULES AND REGULATIONS OF THE ASSOCIATION
1.1 Observing the Law
A Member shall at all times ensure that his or her actions comply with the laws and regulations of any jurisdiction to which he or she is subject.
1.2 Assisting in A Breach of the Law
No Member shall knowingly assist his or her client to breach, nor shall he or she knowingly acquiesce in the breach of, the laws and regulations of any
jurisdiction to which the Member is subject, and no Member shall knowingly provide active assistance to his or her client to breach the laws and
regulations of any jurisdiction to which the client is subject.
2. COMPETENCE
2.1 Exercise of Competence
A Member shall at all times perform competent work for his or her client. Competent work requires the knowledge, skills, thoroughness and preparation
reasonably necessary to perform the work, as well as performing the work conscientiously and diligently in a timely and cost-effective manner.
2.2 Maintaining and Enhancing Competence
In order to maintain and enhance his or her knowledge or skills, a Member shall carry out appropriate professional development, including complying with the
requirements for Continuing Professional Development established by his professional body, and shall adapt to changing professional requirements,
standards, techniques and practices, including technological change.
3. INTEGRITY
A Member shall act with integrity and conduct himself or herself in a manner which inspires the confidence, respect and trust of his or her clients and the
wider community.
4. When referring an existing client to another Member of the Association de Brecourt a written assurance should be given that the referrer has performed the
necessary checks to ensure proof of identity.
5. When referring a potential client to another Member of the Association de Brecourt or when taking instructions from any potential new client that the following
minimum steps will be undertaken so as to ensure proof of identity:
5.1 Copy of current and valid "full" passport or "full" driving licence or any other specific proof of identity.
5.2 To obtain such evidence so as to confirm the residence of the client.
5.3 To maintain proper and up to date records of 5.1 and 5.2.
6. In relation to the nature of the work being undertaken for the client that sufficient steps will be taken to ensure that:
6.1 The work does not involve any money laundering activity.
6.2 That the work is legal in the jurisdiction concerned.
6.3 That the work does not seek to avoid direct or indirect taxation illegally.
7. That the Member will maintain an adequate Money Laudering Reporting System.
8. Members commit to giving an acknowledgement within 48 hours. This is not a commitment to giving an answer to any query raised but Members must use
their best efforts to ensure a speedy resolution to any request for assistance.
9. Under no circumstances should any client be contracted within the Association de Brecourt or be led to believe that the Association de Brecourt is a party to
any instruction received or given.
10. That whenever the name of the Association de Brecourt is used in any publicity material the approved disclaimers as disclosed on the Association de
Brecourt’s website be properly displayed.
11. That should a Member be the subject of any professional disciplinary or criminal proceedings in any jurisdiction in the world then this should be notified to the
President of the Association de Brecourt and that membership of the Association de Brecourt be suspended pending the outcome of such proceedings. The
President will hold such notifications in confidence until the matter is concluded or otherwise directed by the Member.
12. The Members of the Association de Brecourt recognise that they have a professional duty of care to protect their fellow Members from any adverse matter.
13. The Members of the Association recognise that where possible they should use the services of fellow Members whenever possible provided they are satisfied
that there is an appropriate level of technical competence and experience.
14. Where a Member is dissatisfied with the response or service offered by another Member, he shall have the right to make a report to the Executive Committee
who shall investigate and decide any disciplinary action needed.