Page 397 - CA Final PARAM Digital Book.
P. 397
QNO First Schedule, Part I,Cl,7 Designation (CA & Advocate Together) Old Course – (M13E, PM17)
691.000 TITANIUM CNO – PE.1180
Mr. B, a practicing Chartered Accountant as well as a qualified lawyer, was permitted by the bar
council to practice as a lawyer also. He printed his visiting card where he mentioned his designation
as Chartered Accountant and Advocate.
Answer Part I -- Relevant Laws
▪ Clause (7) of Part I of the First Schedule to the Chartered Accountants Act, 1949
Part II -- Requirements of Relevant Laws
➢ A CA in practice is deemed to be guilty of professional misconduct if he
• advertises his professional attainments or services or
• uses any designation or expressions other than ‘Chartered Accountant” on professional
documents, visiting cards, letter heads or sign boards
Unless it be a degree of a university established by law in India or recognized by the Central
Government or a title indicating membership of the ICAI or of any other institution that has been
recognized by the Central Government or may be recognized by the council.
This clause prohibits advertising of professional attainments or services of a member. It also
restrains a member from using any designation or expression other than that of a Chartered
Accountant in documents through which the professional attainments of the member would come
to the notice of the public.
Members of the Institute in practice who are otherwise eligible may practice as advocates subject
to the permission of the Bar Council but in such case, they should not use designation ‘chartered
accountant’ in respect of the matters involving the practice as an advocate. In respect of other
matters, they should use the designation ‘chartered accountant’ but they should not use the
designation ‘chartered accountant’ and ‘advocate’ simultaneously.
Part III – Case Discussion
➢ In the given case, Mr. B printed his visiting card where he mentioned his designation as Chartered
Accountant and Advocate.
Part IV – Conclusion
➢ Since Mr. B has printed his visiting card where he mentioned his designation as Chartered
Accountant and Advocate which is prohibited under the above clause and hence Mr. B is guilty of
professional misconduct.
Author’s Note
Dual COP of CA & Advocate is allowed by ICAI but the same has not been approved by BAR Council of India.
Hence practically not possible.
QNO First Schedule, Part I,Cl,7 Designation (Merchant Banker) Old Course – (M15E, PM17)
692.000 TITANIUM CNO – PE.1180
Mr. SP, a Chartered Accountant, obtains registration as category IV Merchant Banker under the SEBI’s
Rules and Regulations and act as Advisor to a capital issue of MB Co. Ltd. He designates himself under
the caption “Merchant Banker” in client offer documents and ‘Advisor to issue’ in his own letterheads,
visiting cards and professional documents.
Answer Part I -- Relevant Laws
▪ Clause (7) of Part I of the First Schedule to the Chartered Accountants Act, 1949
Part II -- Requirements of Relevant Laws
➢ This Clause restrains a Chartered Accountant in practice from:-
• advertising his professional attainments or services.
• It also prohibits a member from using any designation or expressions other than the
Chartered Accountant on professional documents, visiting cards, letter heads or sign boards
unless it be a degree of a University established by law in India or recognized by the Central
Government or a title indicating membership of the Institute of Chartered Accountants or
of any other institution that has been recognized by the Central Government or may be
recognized by the Council.
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