1. NAME
The name of the organization shall be “The South Asian Insurance
Regulators' Forum” (hereinafter referred to as “the Forum”).
2. OBJECTIVES AND PURPOSES
The objectives of the Forum shall be to promote co-operation among South
Asian Insurance Regulators to facilitate regulatory activities; the
sharing of information and experiences; and the harmonization of legislative
approaches and financial reporting systems, to the extent feasible,
and in the process
a) to provide technical expertise for capacity- building
within regulatory agencies and the industry;
b) to develop and publish guidelines, manuals, codes of conduct and
other publications on current and emerging insurance-related regulatory
issues; and
c) to liaise with the International Association of Insurance Supervisors
and other international, inter-governmental and regional organizational
dealing with insurance-related or trade issues.
3. MEMBERSHIP
a) The membership of the Forum shall consist
of the following :
i. Those regulatory agencies attending the first meeting of the forum
held in Colombo in December 2001 and who are signatories to this text;
and
ii. Those regulatory agencies seeking membership and which agree to
subscribe to this Constitution and are admitted by the Assembly.
b) In considering applications for membership the Assembly should ensure
that the applicant regulatory agency is officially recognized by the
law of that country.
c) Members shall
undertake to:
i. abide by the Constitution ;
ii. support the work plan of the Forum; and
iii. Pay such subscription fee as fixed from time to time by the Assembly.
d) A member body may withdraw from the Forum by giving
three months notice in writing to the Chairman of the Forum.
4. GOVERNING BODY
a) The Governing Body of the Forum shall be the Assembly.
b) The Assembly shall consist of one representative designated from
each member body who shall have authority to vote on behalf of the member
he represents, on matters before the Assembly. Each designated representative
may be accompanied at the meetings of the Assembly by one or more delegates
who shall have no right to vote.
c) The Assembly shall have authority to take all steps necessary to
further the objectives of the Forum. Without detracting from the generality
of its powers, the Assembly shall inter alia:
i. determine the timing, venue and host body(ies) of
the regional Conferences;
ii. determine the financial contribution to be made by each members
body and the purposes for which such contribution may be used;
iii. admit or reject applications for membership of the Forum;
iv. receive reports and audited accounts of the Forum;
v. appoint such committees as it may deem proper for carrying out such
assignment as it may determine;
vi. appoint auditor and fix their remuneration;
vii. establish rules of procedure consistent with the provisions of
the Constitution ;
viii. accept the resignation of a member body;
ix. distribute annual reports and audited accounts to member bodies
x. maintain accounts from subscriptions and any other receipts accepted
by the Forum; and
xi. carry out such amendments to the Constitution, as it may consider
necessary.
5. ORDINARY MEETINGS
A meeting of the Assembly shall be held at least once in every calendar
year.
6. SPECIAL MEETINGS
Special meetings of the Assembly shall be held at a time and place to
be decided by the Chairman on written demand of not less then one-half
of the member bodies, stating the purpose of the meeting.
7. QUORUM
The Assembly shall not take action on matters coming before it unless
at least one-half of the members eligible to vote are present at the
meeting. If less that half the members are represented at a meeting
of the Assembly, the meeting shall stand adjourned. On the date to which
the meeting is adjourned, the meeting shall proceed to transact the
business notwithstanding the fact that there may be less than one-half
of the member bodies present.
8. VOTE
a) Each member body shall have one vote.
b) Decisions of the Assembly shall be taken by a simple majority of
those present and voting. Voting shall be by show of hands, unless a
poll is requested.
9. POSTAL BALLOT
Except for amendments to the Constitution, a postal ballot may be taken
when so authorized by the Chairman. A decision shall be taken based
on the majority of those voting within the specified deadline. Votes
received after the deadline shall not be counted.
10. NOTICE OF MEETINGS
a) A notice of not less than two months shall be given for an ordinary
meeting of the Assembly and shall be accompanied by a statement of business
to be transacted. A member body may have a matter included on the agenda
of an ordinary meeting, provided a request for such inclusion is received
one month in advance of the meeting.
b) No business other than that included in the agenda for the ordinary
meeting shall be transacted at such meeting except with the consent
of the Chairman.
c) A notice of not less than two weeks shall be required for convening
a special meeting of the Assembly and no other business shall be transacted
at the meeting except the business for which the Assembly is specially
convened.
11. CHAIRMAN OF MEETINGS
All Ordinary or Special Meeting of the Assembly shall be chaired by
the Chairman. In his absence, the Vice-Chairman designated as the Chairman
for the next calendar year shall act as the Acting Chairman. In the
absence of both, the Assembly may elect any other Vice-Chairman to assume
the Chairmanship of the Meeting.
12. CHAIRMAN
a) The meeting of the Assembly shall annually elect a Chairman from
among the representative of the member bodies of the Forum. He shall
hold office till a new Chairman is elected at the Ordinary Meeting of
the Assembly. The term of office of the chairman shall be one calendar
year, without the right of succession.
b) The Chairman shall be the Chief Executive Officer of the Forum.
13. DUTIES OF THE CHAIRMAN
The Chairman shall have authority to:
a) give notice of and organized ordinary and special meetings of the
Assembly and determine the agenda;
b) prepare the annual report of the Forum ;
c) arrange the preparation of the annual accounts of the Forum;
d) preside over meetings of the Assembly
e) prepare the annual work plan of the Forum ; and
f) carry out such other duties as may be assigned to him by the Assembly.
14. VICE -CHAIRMAN
The meeting of the Assembly shall elect as Vice-Chairman a representative
from each of the member bodies of the Forum. One such Vice Chairman
shall be designated as the Chairman for the next calendar year. In the
absence of the Chairman, the Vice-Chairman designated by the Assembly
to be the Chairman at the next calendar year shall perform all such
functions as have been specially assigned to the Chairman and such other
functions as may be assigned to him by the Assembly.
15. CASUAL VACANCY
If a casual vacancy arises in the case of the office of the Chairman,
the Vice-Chairman designated as the Chairman for the next calendar year
shall take over as the Chairman and shall hold the office for the remaining
term. He shall also be eligible to be elected as the Chairman for the
immediately succeeding term.
16. GENERAL
The Forum shall maintain close co-ordination with relevant international
regulatory bodies and shall obtain, if feasible, membership of such
bodies either as a regular member or as an observer.
17. AMENDMENTS TO THE CONSTITUTION
Amendment to the Constitution shall require the approval of three-fourths
of the member bodies of the Forum and shall not be carried out except
at a meeting of the Assembly, provided that a representative who is
unable to attend the meeting may vote through a postal ballot.
18. TRASITIONAL PROVISIONS
a) The undersigned representatives of the Member Bodies hereby collectively
agree to establish and maintain the said Forum with the objectives,
powers, membership and obligations of membership set out herein, subject
however to the right of any Member Body to request any amendment or
to make any reservation within three months from the date hereof. In
the event of a request for an amendment or reservation, the Forum shall
function subject to such reservation or the adoption of the amendment
at the next meeting of the Forum.
b) Until the next annual meeting of the Forum the undersigned representative
elects the representative of the Member Body of Sri Lanka as the first
Chairman, the representative of the Member Body of India as the Vice-Chairman
designated as the Chairman for the next calendar year and the representatives
of the other Member Bodies as the other Vice Chairman.
