Introduction
Article 1. General provisions
Article 2. Competence of the Audit Commission
Article 3. Rights and obligations of the Audit Commission
Article 4. Composition of the Audit Commission, status and term of office of its members
Article 5. Organization of the Audit Commission’s work
Article 1. General provisions
1.1. These Regulations on the Audit Commission (the “Regulations”) of the Public Organization “Hamqadam” (the “Organization”) have been drawn up in accordance with the legislation of the Republic of Tajikistan and the Organization’s Charter.
1.2. These Regulations set out the competence, rights and obligations, composition, election and working procedure, as well as the remuneration of members of the Organization’s Audit Commission (the “Commission”).
1.3. In its work, the Commission is guided by the legislation of the Republic of Tajikistan, the Charter and the Organization’s internal documents.
1.4. The Commission is accountable to the General Assembly.
Article 2. Competence of the Audit Commission
2.1. The Commission oversees the Organization’s financial and business activities and compliance with legal acts in carrying them out.
2.2. The Audit Commission:
- monitors compliance with the Organization’s Charter;
- audits the state of the Organization’s record-keeping and reporting;
- audits the established procedure for, and the handling of, written proposals, applications and complaints from members of the Organization;
Audits the Organization’s financial and business activities (scheduled and unscheduled audits) and submits its findings to the General Assembly on:
- how the Organization’s property is formed and used;
- social spending and organizational and economic programmes;
- accounting for cash and material assets;
- the state of financial reporting;
- how salaries and travel allowances are calculated and paid;
- how the Organization’s property is stored and used, etc.
2.3. Prepares and submits findings on the results of audits and informs the General Assembly of any unlawful actions by responsible persons in the Organization;
2.4. Monitors the implementation of the Commission’s findings and proposals aimed at the good of the Organization and its staff.
Article 3. Rights and obligations of the Audit Commission
3.1. The Commission has the right to:
- carry out audits of the Organization’s financial and business activities on its own initiative;
- request documents on the Organization’s financial and business activities from the responsible persons and the executive body of the Organization;
- request written and oral explanations on issues arising during audits from the responsible persons and the executive body of the Organization;
- request an extraordinary session of the General Assembly;
- issue instructions to remedy any shortcomings identified.
3.2. The Commission is obliged to:
- draw up findings at the end of an audit and submit them to the General Assembly and to whoever initiated the audit no later than 12 days after the audit;
- record any breaches of the law, the Organization’s Charter, regulations, rules and instructions by the Organization’s staff;
- inform the General Assembly of any breaches of the law identified;
- monitor how responsible persons implement its findings;
- inform the General Assembly of breaches of the law in business transactions;
- members of the Commission must take part in its meetings and in the audits it carries out, as well as in the general meetings of the Organization, and answer any questions that arise.
Article 4. Composition of the Audit Commission, status and term of office of its members
4.1. The Commission consists of three members elected for a term of five years.
4.2. Only individuals may be members of the Commission.
4.3. The General Assembly may terminate the powers of any member of the Commission early.
4.4. At the Commission’s first meeting, its members elect a Chairperson from among themselves.
4.5. The Chairperson of the Commission:
- leads its work;
- convenes its meetings;
- chairs its meetings.
4.6. In the absence of the Chairperson of the Commission, their deputy performs the Chairperson’s duties.
Article 5. Organization of the Audit Commission’s work
5.1. The Commission works through scheduled and unscheduled audits and through meetings on matters relating to its audits.
5.2. Meetings of the Commission are convened as needed, but at least once every 12 months.
5.3. Unscheduled audits are carried out at the request of the General Assembly, the Director of the Organization, or at least one third of the Organization’s members.
5.4. Unscheduled audits are carried out on a substantiated request, i.e. where there is evidence or there are facts of a breach of the Organization’s Charter, of the Director performing their duties incompetently or in bad faith, or of a breach of the rules on financial and business activities that causes the Organization moral or financial damage.
5.5. All requests for an unscheduled audit must be made in writing.
5.6. The decision to carry out an unscheduled audit is taken by the Head of the Commission or, in their absence, by the Deputy Head.
5.7. On completing scheduled and unscheduled audits, the Commission issues findings, which are considered for approval at a meeting of the Commission. The findings are signed by all members of the Commission who took part in the audit. A member of the Commission who disagrees with the general findings may submit a dissenting opinion, which is attached to the general findings and forms an integral part of them. If a member of the Commission has not signed the findings and has not prepared a dissenting opinion, the reason must be stated in the general findings.
5.8. On the basis of its findings, the Commission may issue instructions to officials of the Organization to remedy violations. Such instructions are approved at a meeting of the Commission and signed by its Head.
5.9. Meetings of the Commission are convened as needed, and also before an audit begins and on its results.
5.10. A meeting of the Commission may be convened by its Head or by any of its members. The request must relate to the issues to be considered at the meeting. The meeting must be held no later than 5 days after the request is received.
5.11. Meetings of the Commission require members to attend in person. A meeting may also be held by video or audio link with the mandatory participation of all members.
5.12. Members of the Commission must be notified in writing of its meetings at least 5 days in advance. The notice must state the date, time and place of the meeting and include an invitation.
5.13. Any member may make changes or additions to the notice at any time, provided the notice period for the meeting is observed.
5.14. The Commission may take decisions when 50% of its members are present at the meeting.
5.15. A decision is adopted when a majority of the members taking part vote in favour.
5.16. If, as a result of a member leaving, the number of members of the Commission falls below the quorum set by these Regulations, the Commission must ask the General Assembly to hold an extraordinary session.
5.17. Members of the Commission may not delegate their powers to other persons, including by power of attorney.
5.18. The minutes of the Commission’s meetings are signed by the person chairing the meeting, bound in the minutes book and kept by the Chairperson of the Commission or in the Organization’s archive.