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.
