INTERPRETATION 

The Code of Conduct and Ethical Standards of the ICM must be honoured in letter and in spirit by all Members of the ICM 

1. HONESTY OF MEMBERS 

All transactions, actions and dealings of a Member in the process of granting of credit and collecting a debt will at all times be just, fair and honest; 

In the course of the granting of credit or the collection of a debt, a Member will not deliberately lie about or misrepresent any fact, truth, instruction or mandate in any way, with the object to benefit such a Member or his employer or principal at the cost or expense of a debtor, a creditor, or any Member of the public. 

2. CONFIDENTIALITY 

A Member will at all times respect the confidentiality and privacy of credit information supplied by an applicant for credit and will be factual, truthful and tactful in supplying information for the purpose of a credit reference. 

3. SHARING OF INFORMATION AND COLLECTING OF A DEBT 

A Member will at all times supply information about the conduct of an account for the use and benefit of other creditors, to such creditors directly, or to a credit bureau, subject to such information not being harmful to the operation of a Member's employer, or specifically prohibited by such an employer, or prohibited by statute, and subject to all such information being truthful and verifiable, and in compliance with this code. A Member, in the process of collecting a debt, will have due regard for the person, the property and the civil rights of a debtor and will ensure that any action taken against such a debtor does not humiliate threaten or cause distress to such a debtor. 

4. STATUTORY REQUIREMENTS 

A Member will at all times comply with all statutes and laws of the country, and will adhere to all Codes and / or regulations published in terms of The Harmful Business Practices Act or any other law where the contents of such a Code or such a Regulation determines the relationship between a creditor and any one of his debtors. 

5. CREDIT ADMINISTRATION 

5.1 A Member will ensure that in the administering of a debtor's account, the credit assessment process is handled professionally, especially in instances where credit has to be declined. 

5.2 In administering an account a Member will not employ or allow any employee, agent or any other third party employed or instructed for the purpose of administering an account to make use of any methods or any techniques or procedures which are aimed at deliberately humiliating or threatening the person of the debtor, the business entity of such a debtor, or the family or relatives of such a debtor. 

5.3 A Member will ensure that criteria of fairness and activities of the highest moral standards are at all times maintained in any environment where debtors' accounts are administered. 

5.4 A Member will never allow any personal emotion or any unfriendly feelings towards any debtor to become evident in any dealings with such a debtor, but will at all times retain a professional approach and will be guided in all dealings by sound principles and procedures of Credit Management, as subscribed to by the ICM in general. 

6. CONDUCT OF MEMBERS 

6.1 All Members undertake to abide by, and to honour The Code of Conduct and Ethical Standards of the ICM in all instances and at all times. 

6.2 All Members undertake to abide by, and adhere to, the Articles and Rules of Membership and Grievance Procedure of the ICM 

6.3 No Member will under any circumstances make any derogatory remarks about the ICM or any Office Bearer of the ICM towards any third party. Without detracting from the general nature of the above, any Member is at all times free to criticise any action taken by any office bearer of the ICM and is at all times able to exercise all normal democratic rights and all rights of membership, within the formal structures available to such a Member within the general organisation of the ICM 

PROCEDURES FOR INVESTIGATING THE CONDUCT OF A MEMBER 

Any grievance about the conduct of a Member should in the first instance be addressed to the Member concerned by the complainant, setting out the complaint with all relevant details. If no satisfactory conclusion is reached, the complainant should address his complaint or grievance in writing and fully motivated, to The President of the ICM. On receipt of a formal complaint or grievance against a Member, or if a Board Member has reason to believe that a Member or his employee or his agent has committed or has attempted to commit a breach of any of the rules of the Rules of Membership or is in violation of The Code of the ICM the matter will be referred to The Sub-committee on Conduct of the Institute to investigate and to report to The President. 

1. NOTICE TO MEMBERS 

1.1 The Sub-committee on Conduct will put the grievance to be investigated, in writing, to such a Member and request an explanation. 

1.2 If the violation is admitted and if the Sub-committee on Conduct finds that it was accidental, with evidence that it has been, or is in the process of being rectified, no further action will be taken and the Sub-committee on Conduct will report its findings as such to the President. 

1.3 The President will inform the complainant of the findings of the Sub-committee of Conduct and the incident will thereafter never be referred to or be held against such a Member in any way whatsoever. 

2. PROCEDURES OF THE SUB-COMMITTEE ON CONDUCT 

If the Member disputes the allegations, the Sub-committee on Conduct will: 

2.1 Give at least three (3) days notice to a Member, requesting a meeting with that Member to discuss the matter. This meeting shall if practical and possible, be held at the business premises of such a Member to facilitate the investigation and to obtain and inspect any documents or any other records which could have an influence on the investigation. 

2.2 The Sub-committee on Conduct shall give the Member full details of the allegations made against him or of the breach being investigated, and disclose such particulars as are available to the Sub-committee on Conduct and which the Sub-committee on Conduct deems sufficient to enable such a Member to know and understand the conduct being investigated. 

2.3 The Member shall not be entitled to ask for, or to compel the committee to give any additional information which is not relevant to the conduct being investigated or which will prejudice the investigation. 

2.4 The Sub-committee on Conduct shall be entitled, if it deems necessary, to examine any witness in support of, or to disprove, the alleged grievance, being investigated and may examine any witness whom the investigated Member may call. 

2.5 The Member concerned shall not be entitled to any legal or other representation before the Sub-committee on Conduct. 

2.6 All Members shall be bound, if required to do so: 

to make available for use in the course of an investigation, any documentation, records or such assistance as the Sub-committee on Conduct at its sole discretion, reasonably require for the conduct of an investigation; 
be personally available to the Sub-committee on Conduct and if the breach or conduct involves an employee or agent of such Member, for that employee or agent, or, if a partnership, the partner(s) involved, to be available. 
Failure or refusal without good reason of any Member to comply with the provisions above will be construed to be a breach of The Rules of Membership and or The Code of the ICM and the Sub-committee on Conduct will be entitled to report to the President who, if he so deems fit, will invoke the procedures and or penalties provided for. 

2.7.1 The Sub-committee on Conduct will not be bound by rules of evidence and it will not be obliged to call upon the Member in question to make any statement or give any explanation. 

2.7.2 The investigation and discussion will be conducted in private and in such a manner as the Sub-committee on Conduct in its absolute discretion deems fit. 

2.7.3 The Sub-committee on Conduct will carry out its investigation with the utmost fairness to the Member whose conduct is being investigated in terms of the report presented to it. 

2.7.4 Should the Sub-committee on Conduct find that a Member or any of his employees, or his agent whose conduct was investigated, has committed or attempted to commit the breach, or admits to any breach, or be deemed to have committed the breach, then the Sub-committee on Conduct shall be entitled, at its sole and absolute discretion to: 

warn that Member, or suspend that Member from the ICM for a definite period, or expel the Member from Membership of the ICM on the recommendation by any Member of the Sub-committee supported by a simple majority of Members of the Sub-committee on Conduct, subject to the provisions contained in section 2.8 hereunder. 

2.7.5 On completion of its investigation, the Sub-committee on Conduct will take a decision, and report this to the President. Members of the Sub-committee on Conduct will under no circumstances disclose its decision and its findings to any other person or instance.

2.7.6 The Sub-committee shall notify the Member concerned of its decision and if the Member is expelled from the ICM shall furnish the reasons for expulsion.

2.7.7 The expelled Member will be instructed to remove the designation of ICM membership from all stationary in use and to return the Certificate of Membership and all other ICM awards. The President will also inform all Members through the Regional Committees of the expulsion of a specific Member. Failure to comply with these instructions within a reasonable period will result in the ICM taking legal action for compliance and the delivery of any documents which are to be returned. The cost of any legal proceedings will be for the account of such a Member / ex-Member. Should a Member be expelled from the ICM no amount of money paid by that Member towards the ICM for whatever reason, would be refunded.

2.7.8 The findings and decision of the Sub-committee on Conduct will not be open to challenge under any circumstances whatever, by the Member in question, by any other Member or any other person or instance, in any Court of Law or in any other manner whatsoever, except as provided for in 2.8 below.

2.8 Any Member whose conduct had been investigated by the Sub-committee on Conduct in terms of these procedures may lodge an appeal in writing to the President within seven (7) days of such a finding, and such an appeal will be considered by the Board.

3. ACTION BY THE BOARD OF DIRECTORS

If an appeal is lodged in terms of 2.8 above, The President will call the Board to conduct a re-investigation into the conduct of the Member and to review the findings of the Sub-committee on Conduct.

3.1 The Board will not be bound by rules of evidence and it will not be obliged to call upon that Member in question to make any statement or give any explanation.

3.2 The investigation and discussion will be conducted in private and in such a manner as the Board in its absolute discretion deems fit.

3.3 The Board will carry out its investigation with the utmost fairness to the Member whose conduct is being investigated in terms of the report presented to it.

3.4 The decision of the Board shall be final and binding on all Members. It shall not be open to challenge by the Member concerned or by any other Member or committee of the ICM or any other person or instance or in any Court of Law.

4. AFFECTED MEMBERS

4.1 No Member of the Sub-committee on Conduct, or any other committee or a Member of the Board, shall:

4.1.1 investigate or attend at any meeting of the Sub-committee on Conduct or the Board where the conduct of such a Member, any of his employees, or any agent instructed by him or any person concerned with such a Member, directly or indirectly, is being discussed or investigated, or where such a Member has any interest directly or indirectly in whatever form in the investigation or the outcome of any investigation;

4.1.2 nor shall such a Member referred to above, be entitled to a copy of any report or decision taken in regard to the investigation into the conduct of such a Member.