Cop
This query is : Open
Querist : Anonymous
Querist :
Anonymous
(Querist)
04 November 2011
Can a CA with a COP, full time and already a partner in a CA Firm become a partner in another CA firm or an LLP. Pls advice
04 November 2011
yes, A ca in whole time practice can be a partner in no of firms.
Querist : Anonymous
Querist :
Anonymous
(Querist)
04 November 2011
Vishal, thanks, what about LLP? Is there any link where I can check the rules and regulations with respect to this.
04 November 2011
LLP also covered in the defination of Firm..same provisions applicable in case of LLP
04 November 2011
NOTIFICATION (Chartered Accountants)
No. 1-CA(7)/53/2001: In exercise of the powers conferred by clause (ii) of Part II of the Second Schedule to the Chartered Accountants Act, 1949, the Council of the Institute of Chartered Accountants of India hereby specifies that a member of the Institute in practice shall be deemed to be guilty of professional misconduct, if he holds at any time appointment of more than the "specified number of audit assignments" of companies under Section 224 and/or Section 228 of the Companies Act, 1956.
Provided that in the case of a firm of chartered accountants in practice, the "specified number of audit assignments" shall be construed as the specific number of audit assignments for every partner of the firm.
Provided further that where any partner of the firm of chartered accountants in practice is also a partner of any other firm or firms of chartered accountants in practice, the number of audit assignments which may be taken for all the firms together in relation to such partner shall not exceed the "specified number of audit assignments" in the aggregate.
Provided further where any partner of a firm or firms of chartered accountants in practice accepts one or more audit of companies in his individual capacity, or in the name of his proprietary firm, the total number of such assignments which may be accepted by all firms in relation to such chartered accountant and by him shall not exceed the "specified number of audit assignments" in the aggregate.
Explanation:
1) For the above purpose, the "specified number of audit assignments" means -
1.
in the case of a chartered accountant in practice or a proprietary firm of chartered accountant, thirty audit assignments whether in respect of private companies or other companies.
2.
in the case of chartered accountants in practice, thirty audit assignments per partner in the firm, whether in respect of private companies or other companies.
Provided that out of such "specified number of audit assignments, the number of audit assignments of public companies each of which has a paid-up share capital of rupees twenty-five lakhs or more, shall not exceed ten.
2) In computing the "specified number of audit assignments" -
1.
the number of audit of such companies, which he or any partner of his firm has accepted whether singly or in combination with any other chartered accountant in practice or firm of such chartered accountants, shall be taken into account.
2.
the audit of the head office and branch offices of a company by one chartered accountant or firm of such chartered accountants in practice shall be regarded as audit assignment.
3.
the audit of one or more branches of the same company by one chartered accountant in practice or by firm of chartered accountants in practice in which he is a partner shall be construed as one audit assignment only.
4.
the number of partners of a firm on the date of acceptance of audit assignment shall be taken into account.
5.
A chartered accountant in practice, whether in full-time or part-time employment elsewhere, shall not be counted for the purpose of determination of "specified number of audit of companies" by firms of chartered accountants.
3) This notification shall come into force from the date of its publication in the Official Gazette.
4) A chartered accountant in practice as well as firm of chartered accountants in practice shall maintain a record of the audit assignments accepted by him or by the firm of chartered accountants, or by any of the partners of the firm in his individual name or as a partner of any other firm, as far as possible, in the following format:
S.No. Name of the Company Registration Number Date of Appointment Date of Acceptance Date on which Form 23-B filed with Registrar of Companies
No. 1-CA(7)/53/2001: In exercise of the powers conferred by clause (ii) of Part II of the Second Schedule to the Chartered Accountants Act, 1949, the Council of the Institute of Chartered Accountants of India hereby specifies that a member of the Institute in practice shall be deemed to be guilty of professional misconduct, if he holds at any time appointment of more than the "specified number of audit assignments" of companies under Section 224 and/or Section 228 of the Companies Act, 1956.
Provided that in the case of a firm of chartered accountants in practice, the "specified number of audit assignments" shall be construed as the specific number of audit assignments for every partner of the firm.
Provided further that where any partner of the firm of chartered accountants in practice is also a partner of any other firm or firms of chartered accountants in practice, the number of audit assignments which may be taken for all the firms together in relation to such partner shall not exceed the "specified number of audit assignments" in the aggregate.
Provided further where any partner of a firm or firms of chartered accountants in practice accepts one or more audit of companies in his individual capacity, or in the name of his proprietary firm, the total number of such assignments which may be accepted by all firms in relation to such chartered accountant and by him shall not exceed the "specified number of audit assignments" in the aggregate.
Explanation:
1) For the above purpose, the "specified number of audit assignments" means -
1.
in the case of a chartered accountant in practice or a proprietary firm of chartered accountant, thirty audit assignments whether in respect of private companies or other companies.
2.
in the case of chartered accountants in practice, thirty audit assignments per partner in the firm, whether in respect of private companies or other companies.
Provided that out of such "specified number of audit assignments, the number of audit assignments of public companies each of which has a paid-up share capital of rupees twenty-five lakhs or more, shall not exceed ten.
2) In computing the "specified number of audit assignments" -
1.
the number of audit of such companies, which he or any partner of his firm has accepted whether singly or in combination with any other chartered accountant in practice or firm of such chartered accountants, shall be taken into account.
2.
the audit of the head office and branch offices of a company by one chartered accountant or firm of such chartered accountants in practice shall be regarded as audit assignment.
3.
the audit of one or more branches of the same company by one chartered accountant in practice or by firm of chartered accountants in practice in which he is a partner shall be construed as one audit assignment only.
4.
the number of partners of a firm on the date of acceptance of audit assignment shall be taken into account.
5.
A chartered accountant in practice, whether in full-time or part-time employment elsewhere, shall not be counted for the purpose of determination of "specified number of audit of companies" by firms of chartered accountants.
3) This notification shall come into force from the date of its publication in the Official Gazette.
4) A chartered accountant in practice as well as firm of chartered accountants in practice shall maintain a record of the audit assignments accepted by him or by the firm of chartered accountants, or by any of the partners of the firm in his individual name or as a partner of any other firm, as far as possible, in the following format:
S.No. Name of the Company Registration Number Date of Appointment Date of Acceptance Date on which Form 23-B filed with Registrar of Companies
Querist : Anonymous
Querist :
Anonymous
(Querist)
08 November 2011
Let me re-phrase my question : There is an existing CA XYZ & CO firm with 2 partners providing accounting, taxation and audit services ( Both the Partners have COP). One of the partners intends to provide Mgmt consultancy & other services in corporate form under a different entity name ( say ABC) with a member of the Institute.
My query :
1- what would be the impact of this new entity (ABC) on the Partner's ( of firm xyz) COP/ attestation work. Can he continue to provide attestation work as well as mgmt consultancy services.
2- Will the new member of the entity ABC also have to obtain COP.
3- Which corporate form will be best suited in the above scenario- LLP or partnership .Pls help
My query :
1- what would be the impact of this new entity (ABC) on the Partner's ( of firm xyz) COP/ attestation work. Can he continue to provide attestation work as well as mgmt consultancy services.
2- Will the new member of the entity ABC also have to obtain COP.
3- Which corporate form will be best suited in the above scenario- LLP or partnership .Pls help
Querist : Anonymous
Querist :
Anonymous
(Querist)
17 November 2011
pls help, does anybody have the ICAI guidelines for LLP formation
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