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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