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Can a practicing ca/cs/cwa be a partner of llp

manoj kumar (cs) (130 Points)

18 May 2011

Dear Friends

Pls advice wether a chartered accountant or company secretary or cost accountant who is in practice can be a partner of LLP ????

Manoj

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8 Replies

Arvind Sharma (ACA) (1432 Points)
Replied 18 May 2011

As far about CA... He can be a non working partner..., to be a working partner.., he needs to have councel permission....

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CS,CA F,Numrologi TusharSampat (CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert) (85930 Points)
Replied 18 May 2011

No a ca cannot be a partner of non-ca .Pls refer Clauses mentione din SCHULDULE to CA REGULATION ACT

Joey Tribbiani (fdg) (2010 Points)
Replied 18 May 2011

Till now there is no such provision for a CA to form an LLP. However CA (Amendment) Bill, 2010 was introduced in Rajya Sabha which interalia, proposes to amend CA Act,1949 to apply certain provisions of LLP Act, 2008 to CA Act, 1949 in order to allow the members to form the LLP. But this bill havent seen the light of the day till date,so no LLPs for CAs for now.

P.S.This is the same bill which proposes to double our stipends..

manoj kumar (cs) (130 Points)
Replied 19 May 2011

thanx a lot.

one more thing

as mr. sampat was saying that a ca cannot be a partner of non-ca. can two or more ca's who are in practice form a llp whoes main object would be in the line of ca's work?

is it possible?

manoj kumar (cs) (130 Points)
Replied 19 May 2011

one more thing i found, pls check

THE CHARTERED ACCOUNTANTS ACT AND REGULATIONS

A Chartered Accountant in practice CAN

Share profits of business or other similar arrangements with certain categories of non-members, to be prescribed, from time to time, in the Regulations.

Enter in to multi–disciplinary partnership, in or outside India, with certain categories of non-members, to be prescribed, from time to time, in the Regulations. is any thing prescibed yet?

The members can use the Logo (released by the Institute on 1st July, 2007) which consists of the letters ‘CA’ and a tick mark upside down inside a rounded rectangle with white background. (members can use this Logo as per Institute’s guideline available on its website/Refer The CA Journal July, 2007).

Advertise through a write up setting out their particulars of their firms and services provided by them subject to the Guidelines No.1–CA(7)/council guidelines/01/2008, Dated 14th May, 2008 issued by the Council pursuant to Clause (7) of Part I of the First Schedule to the Chartered Accountants Act, 1949. (Refer The CA Journal July, 2008 for the detailed guidelines).

Give his name and his firms name under specified groups in telephone directory viz., Yellow Pages brought by telephone authorities.

Use the designation ‘C.A.’ as well as the name of the firm in greeting cards and invitation cards.

Be a director simpliciter in a company without permission of the Council.

Be a promoter director in a company without prior permission of the Council.

Render Management Consultancy and Other Services in Corporate form, subject to the guidelines issued by the Institute in this regard. (Decision in the 261st Council meeting. Published on page 629 of October 2006 issue of C.A. Journal).

Create his own website subject to overall guidelines laid down by the Council and should ensure that their websites are run on a "pull" and not "push" method.

The members of ICAI who are also members of AICPA and are eligible to sign the financial statements as CPAs (i.e., as members of the AICPA), may do so. So far as ethical standards are concerned, the ICAI ethical standards will apply. When the ICAI members sign the financial documents as CPAs, they should indicate in an appropriate manner, that their firm is an Indian accounting firm registered with the Institute of Chartered Accountants of India under the Chartered Accountants Act, 1949 (Decision in the 257th Council meeting. Published on page 145 of July 2006 issue of C.A. Journal).

source: https://wirc-icai.org/WIRC_REFERENCER/CA%20ACT%20&%20Regulations/CA%20Act%20&%20Regulations.htm

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Hitesh Jogani (CA Final...!!) (190 Points)
Replied 19 May 2011

HMMMMMMM

manoj kumar (cs) (130 Points)
Replied 19 May 2011

What does it means Mr. Jogani sir.

Joey Tribbiani (fdg) (2010 Points)
Replied 19 May 2011

As per clause 2 and 3 of First Sch to CA act,some professional degrees are recognised by the Institute but i dont think such recognition is given to form partnerships also,only fees sharing is allowed as of now..