certification of MCA_21 form by practising ca/cs

This query is : Resolved

CS.Bhagwati charan (Querist)
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23 January 2009 Dear friend plz reply on my query given below with explanation
A pca/pcs is a director of company can he certified the MCA-21 form as a professional capacity.

Thanks with regards
yours
cs Bhagwati

CS Arpita Rajpurohit

CS Arpita Rajpurohit (Expert)
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23 January 2009 i think that PCA/PCS can certify forms only for the cos, where he is not a director..........but for cos where he is a director, he cant certify.......

views of other members are solicited...........

CS Vivek Hegde

CS Vivek Hegde (Expert)
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23 January 2009 Continuing Ms Arpita..

Its my practical experience..If PCS is a director in a co he need to have two digital signature if he is going to sign as Director as well as practicing professional..

No issues.. he can certify..

rgds

Vivek

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CA.Tarun Maheshwari

CA.Tarun Maheshwari (Expert)
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23 January 2009 No, He can not do so. A CA/CS can't certify the forms of a company in which he is having his own interest.

CA.Tarun Maheshwari

CA.Tarun Maheshwari (Expert)
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23 January 2009 This is not allowed even as per ethics.

CS Vivek Hegde

CS Vivek Hegde (Expert)
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24 January 2009 Mr Maheshwari

Thanks for ur views..I want to knw whether u r giving general views or having some stuff proving that..Bcz in ICSI CODE OF CONDUCT no where its mentioned...if it is mentioned in ICAI CODE OF CONDUCT pls let me knw..

Let us have a healthy discussion..views of other members pls...

Vivek

CA.Tarun Maheshwari

CA.Tarun Maheshwari (Expert)
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24 January 2009 Dear Vivek, I am also taking practical approach. I have already dealt with the department over this matter, and its really a very tough job to convince them over this issue. And, what i wrote about the ethics, is also a practical approach which was discussed in ICAI seminars. As such nothing is written in Code of Conducts but being a professional, sometimes we have to go by practical logics also.
I will also welcome the views of other senior members, It will update us in this matter.