Johannesburg, 12 January 2017 - Section 225 and section 360 of the SAICA Code of Professional Conduct (the SAICA Code) set out the responsibilities of SAICA members and associates (in public practice and in business, respectively) in responding to non-compliance or suspected non-compliance with laws and regulations (NOCLAR or suspected NOCLAR). These sections are effective as of 15 July 2017. The NOCLAR provisions establish a comprehensive response framework that guides SAICA members and associates in terms of the factors to consider and the steps to be taken when they become aware of NOCLAR or suspected NOCLAR.
Owing to the chartered accountancy profession's commitment to these provisions and its acceptance of the responsibility to act in the public interest, SAICA is circulating the declaration included below to all members and associates, which you are required to complete by 15 February 2018.
Where can you find more information about the NOCLAR provisions?
Read the SAICA Code, sections 225 and 360 as it may apply to you as a member or associate in public practice or in business. Also refer to the SAICA NOCLAR webpage where the following information is available:
- International Ethics Standards Board for Accountants (IESBA)
- Basis for conclusion
- At a glance
- Fact sheet
- Frequently asked questions
- NOCLAR Seminar
- Webcast recording of the SAICA NOCLAR Seminar that was presented at SAICA Offices, 13 June 2017
- NOCLAR articles and supplementary material, including the following
- SAICA Overview and Summary of the Response Framework in terms of the NOCLAR provisions of the SAICA Code of Professional Conduct
- SAICA NOCLAR Frequently Asked Questions for members and associates
- IRBA Frequently Asked Questions for Registered Auditors
Please note the following with respect to the declaration, below:
- This declaration has been sent to all SAICA members and associates.
- This declaration should in no way whatsoever be construed as granting any type of exemption or extension in relation to the NOCLAR provisions; these provisions became effective on 15 July 2017 and must be complied with.
- If you are also registered as a registered auditor with the Independent Regulatory Board for Auditors (IRBA), you are required to comply with both the SAICA Code and the IRBA Code of Professional Conduct for Registered Auditors.
- SAICA members and associates are required to complete this declaration by close of business on 15 February 2018.
Your NOCLAR declaration
I, (your name), confirm that I am familiar with and understand my responsibilities with respect to the NOCLAR provisions as contained in sections 225 and 360 of the SAICA Code, as applicable to my role and functions within public practice (if applicable) and within my employing organisation (or, otherwise, as a sole proprietor).
Please select one of the responses on the member communication email that you have received on Friday, 12 January 2018 (and send the reply email that will be created):
The responses are as follows:
- No, but I commit to undertake the necessary interventions to be able to respond positively to this declaration within the next six months.
- No, and I do not intend to respond positively to this declaration (please provide your reasons in the return email).
If you select the last declaration option or if you do not respond to this declaration by the due date, SAICA draws your attention to the following: The NOCLAR provisions in sections 225 and 360 are an integral part of the SAICA Code, which is applicable to all SAICA members and associates. Your negative response or non-response is an indication that you may not be able to appropriately discharge your responsibilities in terms of the SAICA Code should you become aware of NOCLAR or suspected NOCLAR. SAICA strongly advises that it is part of your membership obligations to ensure that you are able to, and comply with the SAICA Code in all circumstances related to your conduct as a SAICA member or associate.
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