Page 395 - CA Final PARAM Digital Book.
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Act, 1949 subject to the prescribed guidelines. The relevant guidelines in the context of the website
                          hosted by M/s ABZ & Co. are:
                             •  No restriction on the colours used in the website
                             •   The websites are run on a “pull” technology and not a “push” technology
                             •  Names of clients and fees charged not to be given.

                          However, disclosure of names of clients and/or fees charged, on the website is permissible only
                          where it is required by a regulator, whether or not constituted under a statute, in India or outside
                          India, provided that such disclosure is only to the extent of requirement of the regulator. Where
                          such disclosure of names of clients and/or fees charged is made on the website, the member/ firm
                          shall ensure that it is mentioned on the website [in italics], below such disclosure itself, that “This
                          disclosure is in terms of the requirement of [name of the regulator] having jurisdiction in [name of
                          the country/area where such regulator has jurisdiction] vide [Rule/ Directive etc. under which the
                          disclosure is required by the Regulator].

                  Part III – Case Discussion
                      ➢  A firm of Chartered Accountants develops a website “abz.com”. The colour chosen for the website
                          was a very bright green and the web-site was to run on a “push” technology where the names of the
                          partners  of  the  firm  and  the  major  clients  were  to  be  displayed  on  the  web-site  without  any
                          disclosure obligation from any regulator.

                  Part IV – Conclusion
                      ➢  In view of the above, M/s ABZ & Co. would have no restriction on the colours used in the website
                          but failed to satisfy the other two guidelines.
                          Thus, the firm would be liable for professional misconduct since it would amount to soliciting work
                          by advertisement.

          QNO     First Schedule, Part I,Cl,6 -Website (Visit Our Website)            Old Course – (N10E, PM17)
          688.000   TITANIUM CNO – PE.1140
                  PQR and Associates, Chartered Accountants have their website and on the letterhead of the firm it is
                  mentioned that "Visit our website: PQR com". In the website the nature of assignments handled,
                  names of prominent clients and fees charged is also displayed.
          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
                      ➢  The  Council  of  the  Institute  of  Chartered  Accountants  has  issued  guidelines  for  posting  the
                          particulars on Website by Chartered Accountants in practice and firms of Chartered Accountants in
                          practice  under  Clause  (6)  of  Part  I  of  First  Schedule  to  the  Chartered  Accountants  Act,  1949.
                          According to the guidelines the details in the website should be so designed that it does not amount
                          to soliciting client or professional work. It  is  permitted  to  mention  the  website  address  on
                          letterhead but soliciting people to visit website is not permitted.

                          The nature of assignments handled is permitted to display on website but only on specific 'Pull"
                          request. And the name of clients, the fees charged is not permitted to be displayed at all.

                  Part III – Case Discussion
                      ➢  PQR  and  Associates  letterhead  invites  to  people  to  visit  their  website.  Similarly,  the  website
                          mentions the nature of assignments, names of the prominent clients and fees charged
                  Part IV – Conclusion
                      ➢  PQR & Associates will be held guilty of Professional Misconduct under Clause (6) of Part I of
                          First Schedule to the Chartered Accountants Act, 1949.

          QNO     First Schedule, Part I,Cl,6 --Online Coaching                                      Old Course- (N22M)
          688.500  TITANIUM CNO – PE.1140
                  CA Praful has recently qualified and has obtained certificate of practice. In the initial years, it is taking time
                  to set up his clientele base. He is also conducting audit of few entities. Simultaneously, he plans to provide
                  coaching  to  CA  students  online  taking  advantage  of  his  fresh  reservoir  of  knowledge.  Therefore,  he


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