Page 393 - CA Final PARAM Digital Book.
P. 393

➢  A Chartered Accountant in practice shall be deemed to be guilty of professional misconduct if he
                          solicits clients or professional work either directly or indirectly by circular, advertisement, personal
                          communication or interview or by any other means.

                          In this context, it may be noted that according to the guidelines approved by the Council of the
                          Institute of Chartered Accountants of India, no photographs of any sort are permitted on website.
                          Only display of passport style photograph is permitted.

                  Part III – Case Discussion
                      ➢  In the given case, CA. Intelligent shared his framed photograph on website wherein he was receiving
                          ‘Best Faculty of the year’ award from the Institute.

                  Part IV – Conclusion
                      ➢  Therefore, CA. Intelligent is guilty of professional misconduct under Clause (6) of Part I of the First
                          Schedule to the Chartered Accountants Act, 1949.
                  Author’s Note
                  In case of any question w.r.t website always apply Clause 6 of Part I of the First Schedule to the Chartered
                  Accountants Act, 1949 as guidelines of website are issued under that clause .

          QNO     First Schedule, Part I,Cl,6 -Website (Bio Data & Photographs)   Old Course – (M05E, PM17 SM17)
          684.000   TITANIUM CNO – PE.1140                                                 New Course- (SM23)

                  M/s XYZ, a firm of Chartered Accountants created a website “www.xyzindia.com”. The website besides
                  containing details of the firm and bio-data of the partners also contains the photographs of all the

                  partners of the firm.
          Answer  Part I -- Relevant Laws
                      ▪  Clause (6) of Part I of First Schedule to the Chartered Accountants Act, 1949

                  Part II -- Requirements of Relevant Laws
                      ➢  A chartered accountant of the firm can create its own website using any format subject to guidelines.
                          However, the website should be so designed that it does not solicit clients or professional work and
                          should not amount to direct or indirect advertisement. The guidelines of the ICAI to allow a firm to
                          put up the details of the firm, bio-data of partners and display of a passport size photograph.

                  Part III – Case Discussion
                      ➢  In the given case, the website of M/s XYZ firm besides containing details of the firm and bio-data of
                          the partners also contains the photographs of all the partners of the firm.

                  Part IV – Conclusion
                      ➢  In the case of M/s XYZ, all the guidelines seem to have been complied and there appears to be no
                          violation of the Chartered Accountants Act, 1949 and its Regulations.
                  Author’s Note

                  In this question it is assumed that photograph was a passport size one, which is not prohibited.

          QNO     First Schedule, Part I,Cl,6 -Website (Link of Associations)   Old Course – (M08E, N08R, M12R, M12M,
          685.000   TITANIUM CNO – PE.1140                                                       M13R, PM17)
                  XYZ & Associates, a firm with 5 partners developed a website www.xyzassociates.com. The website also
                  contained a link to “All India Chartered Accountants Association”, a voluntary association where X, a
                  partner of the firm is currently the Vice-president.
          Answer  Part I -- Relevant Laws
                      ▪  Clause (6) of Part I of First Schedule to the Chartered Accountants Act, 1949

                  Part II -- Requirements of Relevant Laws
                      ➢  In respect of websites by chartered accountants in practice, it is permitted that website may provide
                          a link to the website of ICAI, its Regional Councils, Branches and Government Departments and other
                          professional Bodies like AICPA, ICAEW, CICA.
                  Part III – Case Discussion
                      ➢  In this case, M/s XYZ Associates provided a link to “All India Chartered Accountants Association”
                          which is not permitted.

                  Part IV – Conclusion
          www.auditguru.in                                                           PARAM                                                19.35 | P a g e
   388   389   390   391   392   393   394   395   396   397   398