Shweta Punmia (CA) (190 Points)
04 January 2015Hello,
I would like to know can a CA hire a sales person or executive just for promoting his firm or the work he do?
Can such hired person be an employee at his place?
Is it allowed for a practicing CA or any firm to appoint such employee to promote & advertise or market his business & about the work they do or about any achievements?
I would be really glad if I get an reply soon on this.
Thanks in advance.
CA AnKiT BoHrA (AB)
(Manager)
(25955 Points)
Replied 04 January 2015
Raghav Sharma
(Article)
(110 Points)
Replied 04 January 2015
its not allowed as per chartered accountant act,1949 but a ca can advertise his professional work and attainments through write up as per PART-I CLAUSE NO. 7 of chartered accountant act,1949, write up is a written document which a ca in practise can distribute, write up has certain ristrictions
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA (ICAI)
(Set up under the Chartered Accountants Act, 1949)
ICAI Guidelines No.1-CA(7)/ Council Guidelines/01/2008, Dated 14th May,2008
GUIDELINES FOR ADVERTISEMENT FOR THE MEMBERS IN PRACTICE
(Issued Pursuant to Clause (7) of Part I of the First Schedule to the Chartered Accountants Act, 1949.)
The Members may advertise through a write up setting out their particulars or of their firms and services provided by them subject to the following Guidelines and must be presented in such a manner as to maintain the profession’s good reputation, dignity and its ability to serve the public interest.
1. The Member(s)/Firm(s) should ensure that the contents of the Write up are true to the best of their knowledge and belief and are in conformity with these Guidelines and be aware that the Institute of Chartered Accountants of India does not own any responsibility whatsoever for such contents or claims by the Writer Member(s) / Firm(s).
2. Definitions
For the purpose of these Guidelines:
(i) The “Act” means The Chartered Accountants Act, 1949.
(ii) “Institute” means the Institute of Chartered Accountants of India.
(iii) “write up” means the writing of particulars according to the information given in the Guidelines setting out services rendered by the Members or firms and any writing or display of the particulars of the Member(s) in Practice or of firm(s) issued, circulated or published by way of print or electronic mode or otherwise including in newspapers, journals, magazines and websites ( in Push as well in Pull mode) in accordance with the Guidelines.
(The terms not defined herein have the same meaning as assigned to them in the Chartered Accountants Act, 1949 and the Rules, Regulations and Guidelines made there under.)
3. The write-up may include only the following information:
(A) For Members
(i) Name ……………… Chartered Accountant
(ii) Membership No. with Institute
(iii) Age
(iv) Date of becoming ACA
(v) Date of becoming FCA
(vi) Date from which COP held
(vii) Recognized qualifications
(viii) Languages known
(ix) Telephone/Mobile/Fax No.
(x) Professional Address
(xi) Web
(xii) E-mail
(xiii) C A Logo
(xiv) Passport size photograph
(xv) Details of Employees (Nos. –)
(a) Chartered Accountants –
(b) Other Professionals –
(c) Articles/Audit Assistants
(d) Other Employees
(xvi) Names of the employees and their particulars on the lines allowed for a member as stated above.
(xvii) Services provided
(a) ………………………………
(b) ………………………………
(c) ………………………………
(B) For Firms
(i) Name of the Firm …………………… Chartered Accountants
(ii) Firm Registration No. with Institute
(iii) Year of establishment.
(iv) Professional Address(s)
(v) Working Hours
(vi) Tel. No(s)/Mobile No./Fax No(s)
(vii) Web address
(viii) E-mail
(ix) No. of partners
(x) Name of the proprietor/partners and their particulars on the lines allowed for a member as stated above including passport size photograph.
(xi) C A Logo
(xii) Details of Employees (Nos. –)
(a) Chartered Accountants –
(b) Other professionals –
(c) Articles/Audit Assistants
(d) Other employees
(xiii) Names of the employees of the firm and their particulars on the lines allowed for a member as stated above.
(xiv) Services provided:
(a) ……………………………….
(b) ………………………………
(c) ………………………………
The write-up may have the Signature, Name of the Member/ Name of the Partner signing on behalf of the firm, Place and Date.
4. Other Conditions
(i) The write-up should not be false or misleading and bring the profession into disrepute.
(ii) The write-up should not claim superiority over any other Member(s)/Firm(s).
(iii) The write-up should not be indecent, sensational or otherwise of such nature which may likely to bring the profession into disrepute.
(iv) The write-up should not contain testimonials or endorsements concerning Member(s).
(v) The write-up should not contain any other representation(s) that may like to cause a person to misunderstand and/or to be deceived.
(vi) The write-up should not violate the provisions of the ‘Act’, Rules made there under and ‘The Chartered Accountants Regulations,1988’.
(vii) The write-up should not include the names of the clients (both past and present)
(viii) The write-up should not be of font size exceeding 14.
(ix) The write-up should not contain any information other than stated in Para 3 hereinabove.
(x) The write-up should not contain any information about achievements / award or any other position held.
(xi) The particulars of information required at para (ii) of 3(A) and para (ii) of 3(B) above is mandatory.
Ankur
(FINALIST)
(352 Points)
Replied 05 January 2015
Avinash G Shirokha
(Student CA IPC / IPCC)
(28 Points)
Replied 05 January 2015
Praveen Sharma
(Article Assisstant)
(33 Points)
Replied 05 January 2015
Arif Ali
(Apt Co Advisory)
(1230 Points)
Replied 05 January 2015
Not at all, It is professional misconduct as per clause 7 of part 1 of chartered accountant act 1949.
However a CA can advertise his professional attainment and services through its write up.
Shweta Punmia
(CA)
(190 Points)
Replied 05 January 2015
Hello thank u for all for the replies.
I came to know yesterday through someone, that big CA firms (not mentioning any particular) have their personnel to promote their business & to get new clients. They have special department in their organization to get new business and to advertise their work I guess not through write-ups.
If it is misconduct as per The CA Act how come they are doing this kind of work?
Thanks.
satyashi
(Student C.A. final)
(212 Points)
Replied 05 January 2015
NO MAM YOU CAN NOT AS IT WILL LEAD TO PROFESSIONAL MISCODUCT AS PER THE CA ACT 1949.
vishal thawrani
(student)
(100 Points)
Replied 05 January 2015
i realy wonder how did she became CA without reading code of ethics
Shweta Punmia
(CA)
(190 Points)
Replied 06 January 2015
Hello Mr. Vishal,
I know the code of ethics but there are few people like the big firms who are doing this kind of stuff.I raised this question because an MBA guy told me that CAs don't have any ethics,morale or values. I felt disrespect for the profession I belong so I raised such question in the forum. I know every rule which are meant for CA. I am not new to this profession so please don't pinpoint like this. I was shocked when he told CAs are nothing,they serve MBAs. They beg for work.How you will react when someone say this to you.Please do reply
CA AnKiT BoHrA (AB)
(Manager)
(25955 Points)
Replied 06 January 2015
Come on Shweta... People wil always keep throughing stone on us.. we had proved in past that we are the best... we wil also prove the same in continous future....
A Succesful person is the one who uses the stone throughn on him to make the path of Success
PALASH
(Nothing)
(2000 Points)
Replied 27 July 2016
Vishal , as far as your comment is concerned , you are a person of unsound mind , an insane , and i don't know whether you belong to any professional body or not , but unfortunately if you belong , then without wasting any time , you should leave this profession , ..... am i clear ?????
and now get losttttttttt ....and stay away from shweta .
CAclubindia
