THE UK ACTUARIAL PROFESSION
THE ACTUARIES CODE
Application
Scope
Status and
Purpose
All actuaries, which for this purpose means anyone subject to the
Disciplinary Scheme of the Faculty of Actuaries in Scotland or of the
Institute of Actuaries (the disciplinary schemes). They are referred to in
this Code as members.
The Code applies at all times to members conduct in their work as
actuaries, but will also be taken into consideration where their conduct
in other contexts could reasonably be considered to reflect on the
profession.
The Code consists of principles which members are expected to
observe in the public interest and in order to build and promote
confidence in the work of actuaries and in the actuarial profession. The
Code will be taken into account if a members conduct is called into
question for the purposes of the Actuarial Professions disciplinary
schemes. It is not a set of rules, and conduct that falls short of the Code
will not inevitably constitute misconduct. Equally, members will be
expected to observe the Codes spirit in their professional conduct.
1.
Integrity: Members will act honestly and with the highest standards of
integrity.
1.1
Members will show respect for others in the way they conduct themselves in
their professional lives.
1.2
Members will respect confidentiality unless disclosure is permitted by law
and justified in the public interest.
1.3
Members will be honest, open and truthful in promoting their business
services.
2.
Competence and Care: Members will perform their professional duties
competently and with care.
2.1
Members will consider who their advice and/or services are being provided
to (their clients). In many cases this may be their employer.
2.2
Members will not act unless:
a)
they have an appropriate level of relevant knowledge and skill; or
b)
they are acting on the advice of an individual who has the appropriate
level of relevant knowledge and skill and all interested parties are
aware that this is the case; or
c)
they are acting under the direct supervision of another member who is
taking professional responsibility for that work.
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2.3
Members will consider whether advice from other professions and other
specialists is necessary to assure the relevance and quality of their work.
2.4
Members will take care that the advice or services they deliver are
appropriate to the instructions and needs of the client, including the legal and
other rules which may govern the matter, having due regard to others, such
as policyholders of an insurer, members of a pension scheme, or any
analogous persons whose interests are affected by the work of the member.
2.5
Members will agree with the client the scope and nature of any appointment
or instruction.
2.6
Members will agree with the client the basis for their remuneration before
commencing an appointment or instruction and before any material change
in the scope of an existing appointment or instruction.
2.7
Members will keep their competence up to date.
3.
Impartiality: Members will not allow bias, conflict of interest, or the undue
influence of others to override their professional judgement.
3.1
Members will ensure that their ability to provide objective advice to their
clients is not, and cannot reasonably be seen to be, compromised.
3.2
A conflict of interests arises if a members duty to act in the best interests of
any client conflicts with:
a)
the members own interests, or
b)
an interest of the members firm, or
c)
the interests of other clients.
3.3
Members will take reasonable steps to ensure that they are aware of any
relevant interest, including income, of their firm.
3.4
Members will disqualify themselves from acting where there is a conflict of
interest that cannot be reconciled.
3.5
Members will document the steps they have taken to reconcile a conflict and
will agree those steps with their clients if they would be ineffective without
agreement.
3.6
Before accepting any assignment, members will consider carefully whether
they should consult with any member who previously held such a position
with the client, to establish whether there might be any professional reason
why the assignment should be declined.
4.
Compliance: Members will comply with all relevant legal, regulatory and
professional requirements, take reasonable steps to ensure they are not
placed in a position where they are unable to comply, and will challenge
non-compliance by others.
4.1
Members will speak up to their clients or to their employers, or both, if they
believe, or reasonably ought to believe, that a course of action is unlawful,
unethical or improper.
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4.2
Members will fulfil any obligations to report information to relevant regulatory
authorities.
4.3
Where there is legal protection available, members will report behaviour that
they have reasonable cause to believe is unlawful, unethical or improper, to
regulators or other relevant authorities. In the UK these protections include:
the Public Interest Disclosure Act 1998, sections 342 and 343 of the
Financial Services and Markets Act 2000 and section 70 of the Pensions Act
2004.
4.4
Members will promptly report any matter which appears to constitute
misconduct or a material breach of any relevant legal, regulatory or
professional requirements including Actuarial Profession Standards and
Technical Actuarial Standards issued by the Board for Actuarial Standards,
for consideration under the relevant disciplinary schemes. To the extent that
the consent of a third party is required for this purpose in order to disclose
information, members must take all reasonable steps to obtain such
consent.
5.
Open Communication: Members will communicate effectively and meet all
applicable reporting standards.
5.1
Members will ensure that their communication, whether written or oral, is
clear (indicating how any further explanation can be obtained) and timely,
and that their method of communication is appropriate, having regard to:
5.2
a)
the intended audience;
b)
the purpose of the communication;
c)
the significance of the communication to its intended audience; and
d)
the capacity in which the member is acting.
Members will take such steps as are sufficient and available to them to
ensure that any communication with which they are associated is accurate
and not misleading, and contains sufficient information to enable its subject
matter to be put in proper context.
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