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The Code of Professional Conduct sets forth what it means for An Actuary to act as a professional. It identifies the responsibilities that actuaries have to the public, to their clients and employers. An Actuary must be familiar with, and keep current with, not only the Code, but also applicable Law and rules of professional conduct.
The Code of Professional Conduct sets forth what it means for An Actuary to act as a professional. It identifies the responsibilities that actuaries have to the public, to their clients and employers. An Actuary must be familiar with, and keep current with, not only the Code, but also applicable Law and rules of professional conduct.
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The Code of Professional Conduct sets forth what it means for An Actuary to act as a professional. It identifies the responsibilities that actuaries have to the public, to their clients and employers. An Actuary must be familiar with, and keep current with, not only the Code, but also applicable Law and rules of professional conduct.
Droits d'auteur :
Attribution Non-Commercial (BY-NC)
Formats disponibles
Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
E ffective January 1, 2001, the five U.S.-based ac- tuarial organizations adopted this Code of Profes- sional Conduct. It was adopted by the Board of Direc- fied otherwise by an agreement between a Recognized Actuarial Organization for any such jurisdiction and the organizations that have adopted the Code. tors of the American Academy of Actuaries on Septem- Laws may also impose obligations upon an Actuary. ber 28, 2000, and applies to all members. Where requirements of Law conflict with the Code, the The Code of Professional Conduct sets forth what it requirements of Law shall take precedence. means for an actuary to act as a professional. It identi- An Actuary must be familiar with, and keep current fies the responsibilities that actuaries have to the public, with, not only the Code, but also applicable Law and to their clients and employers, and to the actuarial pro- rules of professional conduct for the jurisdictions in fession. which the Actuary renders Actuarial Services. An Actu- The Board of the American Academy of Actuaries ary is responsible for securing translations of such Laws thanks the Joint Committee on the Code of Professional or rules of conduct as may be necessary. Conduct for their hard work and perseverance in draft- Definitions ing the Code and obtaining the approval of all five orga- As used throughout the Code, the following terms are nizations’ boards. capitalized and have the meanings indicated: Code of Professional Conduct ® Actuarial Communication: A written, electronic, or oral communication issued by an Actuary with re- The purpose of this Code of Professional Conduct spect to Actuarial Services. (“Code”) is to require Actuaries to adhere to the high ® Actuarial Services: Professional Services provided standards of conduct, practice, and qualifications of the to a Principal by an individual acting in the capacity actuarial profession, thereby supporting the actuarial of an actuary. Such services include the rendering of profession in fulfilling its responsibility to the public. advice, recommendations, findings, or opinions based An Actuary shall comply with the Code. An Actuary upon actuarial considerations. who commits a material violation of the provisions of ® Actuary: An individual who has been admitted to a the Code shall be subject to the profession’s counseling class of membership to which the Code applies by action and discipline procedures. of any organization having adopted the Code. When the The Precepts of the Code identify the professional term “actuary” is used without being capitalized, it re- and ethical standards with which an Actuary must com- fers to any individual practicing as an actuary, regardless ply in order to fulfill the Actuary’s responsibility to the of organizational membership or classification. public and to the actuarial profession. The Annotations ® Confidential Information: Information not in the provide additional explanatory, educational, and advi- public domain of which an Actuary becomes aware as sory material on how the Precepts are to be interpreted a result of providing Actuarial Services to a Principal. It and applied. includes information of a proprietary nature and infor- In addition to this Code, an Actuary is subject to ap- mation that is legally restricted from circulation. plicable rules of professional conduct or ethical stan- ® Law: Statutes, regulations, judicial decisions, and dards that have been promulgated by a Recognized Ac- other statements having legally binding authority. tuarial Organization for the jurisdictions in which the ® Principal: A client or employer of the Actuary. Actuary renders Actuarial Services. Actuarial Services ® Recognized Actuarial Organization: An organiza- are considered to be rendered in the jurisdictions in tion that has been accepted for full membership in the which the Actuary intends them to be used unless speci- International Actuarial Association or a standards-set- American Academy of Actuaries www.actuary.org Yearbook and leadership manual 2009 69 ting, counseling, or discipline body to which authority Standards of Practice has been delegated by such an organization. PRECEPT 3. An Actuary shall ensure that Actuarial Ser- Professional Integrity vices performed by or under the direction of the Actu- ary satisfy applicable standards of practice. PRECEPT 1. An Actuary shall act honestly, with integ- ANNOTATION 3-1. It is the professional responsibil- rity and competence, and in a manner to fulfill the pro- ity of an Actuary to observe applicable standards of fession’s responsibility to the public and to uphold the practice that have been promulgated by a Recognized reputation of the actuarial profession. Actuarial Organization for the jurisdictions in which ANNOTATION 1-1. An Actuary shall perform Actu- the Actuary renders Actuarial Services, and to keep arial Services with skill and care. current regarding changes in these standards. ANNOTATION 1-2. An Actuary shall not provide Ac- ANNOTATION 3-2. Where a question arises with re- tuarial Services for any Principal if the Actuary has gard to the applicability of a standard of practice, or reason to believe that such services may be used to where no applicable standard exists, an Actuary shall violate or evade the Law or in a manner that would utilize professional judgment, taking into account be detrimental to the reputation of the actuarial pro- generally accepted actuarial principles and practices. fession. ANNOTATION 3-3. When an Actuary uses proce- ANNOTATION 1-3. An Actuary shall not use a rela- dures that depart materially from those set forth in tionship with a third party or with a present or pro- an applicable standard of practice, the Actuary must spective Principal to attempt to obtain illegal or ma- be prepared to justify the use of such procedures. terially improper treatment from one such party on behalf of the other party. Communications and Disclosure ANNOTATION 1-4. An Actuary shall not engage in any professional conduct involving dishonesty, fraud, PRECEPT 4. An Actuary who issues an Actuarial Com- deceit, or misrepresentation or commit any act that munication shall take appropriate steps to ensure that reflects adversely on the actuarial profession. the Actuarial Communication is clear and appropriate to the circumstances and its intended audience, and Qualification Standards satisfies applicable standards of practice. ANNOTATION 4-1. An Actuary who issues an Actu- PRECEPT 2. An Actuary shall perform Actuarial Ser- arial Communication shall ensure that the Actuarial vices only when the Actuary is qualified to do so on the Communication clearly identifies the Actuary as be- basis of basic and continuing education and experience, ing responsible for it. and only when the Actuary satisfies applicable qualifi- ANNOTATION 4-2. An Actuary who issues an Actu- cation standards. arial Communication should indicate the extent to ANNOTATION 2-1. It is the professional responsibil- which the Actuary or other sources are available to ity of an Actuary to observe applicable qualification provide supplementary information and explana- standards that have been promulgated by a Recog- tion. nized Actuarial Organization for the jurisdictions in which the Actuary renders Actuarial Services and to PRECEPT 5. An Actuary who issues an Actuarial keep current regarding changes in these standards. Communication shall, as appropriate, identify the ANNOTATION 2-2. The absence of applicable quali- Principal(s) for whom the Actuarial Communication is fication standards for a particular type of assignment issued and describe the capacity in which the Actuary or for the jurisdictions in which an Actuary renders serves. Actuarial Services does not relieve the Actuary of PRECEPT 6. An Actuary shall make appropriate and the responsibility to perform such Actuarial Services timely disclosure to a present or prospective Principal only when qualified to do so in accordance with this of the sources of all direct and indirect material com- Precept. pensation that the Actuary or the Actuary’s firm has re- American Academy of Actuaries www.actuary.org Yearbook and Leadership manual 2009 70 ceived, or may receive, from another party in relation to Confidentiality an assignment for which the Actuary has provided, or will provide, Actuarial Services for that Principal. The PRECEPT 9. An Actuary shall not disclose to another disclosure of sources of material compensation that the party any Confidential Information unless authorized Actuary’s firm has received, or may receive, is limited to to do so by the Principal or required to do so by Law. those sources known to, or reasonably ascertainable by, the Actuary. Courtesy and Cooperation ANNOTATION 6-1. An Actuary who is not financially PRECEPT 10. An Actuary shall perform Actuarial Ser- and organizationally independent concerning any vices with courtesy and professional respect and shall matter related to the performance of Actuarial Ser- cooperate with others in the Principal’s interest. vices should disclose to the Principal any pertinent ANNOTATION 10-1. Differences of opinion among relationship that is not apparent. actuaries may arise, particularly in choices of as- ANNOTATION 6-2. An Actuary employed by a firm sumptions and methods. Discussions of such differ- that operates in multiple locations is subject to the ences between an Actuary and another actuary, or in requirement of disclosure of sources of compensa- observations made by an Actuary to a Principal on tion that the Actuary’s firm may receive in relation the work of another actuary, should be conducted to Actuarial Services with respect to a specific assign- objectively and with courtesy and respect. ment for that Principal, regardless of the location in ANNOTATION 10-2. A Principal has an indisputable which such compensation is received. right to choose a professional advisor. An Actuary may provide service to any Principal who requests Conflict of Interest it, even though such Principal is being or has been PRECEPT 7. An Actuary shall not knowingly perform served by another actuary in the same matter. Actuarial Services involving an actual or potential con- ANNOTATION 10-3. An Actuary in the course of an flict of interest unless: engagement or employment may encounter a situa- a the Actuary’s ability to act fairly is unimpaired; tion such that the best interest of the Principal would be served by the Actuary’s setting out an alternative b there has been disclosure of the conflict to all pres- opinion to one expressed by another actuary, togeth- ent and known prospective Principals whose inter- er with an explanation of the factors that lend sup- ests would be affected by the conflict; and port to the alternative opinion. Nothing in the Code c all such Principals have expressly agreed to the per- should be construed as preventing the Actuary from formance of the Actuarial Services by the Actuary. expressing such an alternative opinion to the Princi- Control of Work Product pal. ANNOTATION 10-4. An Actuary may be requested to PRECEPT 8. An Actuary who performs Actuarial Ser- advise a Principal for whom the Actuary knows or has vices shall take reasonable steps to ensure that such ser- reasonable grounds to believe that another actuary vices are not used to mislead other parties. has provided, or is providing, Actuarial Services with ANNOTATION 8-1. An Actuarial Communication respect to the same matter. In such event, the Actu- prepared by an Actuary may be used by another par- ary may choose to consult with such other actuary ty in a way that may influence the actions of a third both to prepare adequately for the assignment and to party. The Actuary should recognize the risks of mis- make an informed judgment as to whether there are quotation, misinterpretation, or other misuse of the circumstances involving a potential violation of the Actuarial Communication and should therefore take Code that might affect acceptance of the assignment. reasonable steps to present the Actuarial Communi- The Actuary should request the Principal’s consent cation clearly and fairly and to include, as appropri- prior to such consultation. ate, limitations on the distribution and utilization of ANNOTATION 10-5. When a Principal has given the Actuarial Communication. consent for a new or additional actuary to consult American Academy of Actuaries www.actuary.org Yearbook and Leadership manual 2009 71 with an Actuary with respect to a matter for which lated to a specific position within that organization. the Actuary is providing or has provided Actuarial “Designation” refers to a specific reference to mem- Services, the Actuary shall cooperate in furnishing bership status within such organization. relevant information, subject to receiving reasonable compensation for the work required to assemble and Violations of the Code of transmit pertinent data and documents. The Actuary Professional Conduct shall not refuse to consult or cooperate with the pro- spective new or additional actuary based upon un- PRECEPT 13. An Actuary with knowledge of an appar- resolved compensation issues with the Principal un- ent, unresolved, material violation of the Code by an- less such refusal is in accordance with a pre-existing other Actuary should consider discussing the situation agreement with the Principal. The Actuary need not with the other Actuary and attempt to resolve the ap- provide any items of a proprietary nature, such as in- parent violation. If such discussion is not attempted or ternal communications or computer programs. is not successful, the Actuary shall disclose such viola- tion to the appropriate counseling and discipline body Advertising of the profession, except where the disclosure would be contrary to Law or would divulge Confidential PRECEPT 11. An Actuary shall not engage in any ad- Information. vertising or business solicitation activities with respect ANNOTATION 13-1. A violation of the Code is to Actuarial Services that the Actuary knows or should deemed to be material if it is important or affects the know are false or misleading. outcome of a situation, as opposed to a violation that ANNOTATION 11-1. Advertising and business solici- is trivial, does not affect an outcome, or is one merely tation activities encompass all communications by of form. whatever medium, including oral communications, ANNOTATION 13-2. An Actuary is not expected to that may directly or indirectly influence any person discuss an apparent, unresolved material violation of or organization in deciding whether there is a need the Code with the other Actuary if either Actuary is for Actuarial Services or in selecting a specific Actu- prohibited by Law from doing so or is acting in an ad- ary or firm to perform Actuarial Services. versarial environment involving the other Actuary.R Precept 14. An Actuary shall respond promptly, truth- Titles and Designations fully, and fully to any request for information by, and PRECEPT 12. An Actuary shall make use of member- cooperate fully with, an appropriate counseling and dis- ship titles and designations of a Recognized Actuarial ciplinary body of the profession in connection with any Organization only in a manner that conforms to the disciplinary, counseling, or other proceeding of such practices authorized by that organization. body relating to the Code. The Actuary’s responsibility ANNOTATION 12-1. “Title” refers to any title con- to respond shall be subject to applicable restrictions on ferred by a Recognized Actuarial Organization re- Confidential Information and those imposed by Law.
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