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Practicing ca- professional misconduct

CS RAJESH C.CHOUDHARY (ASSISTANT MANAGER) (14607 Points)

20 October 2011

One of my Friend has cleared his CA Final in May 2011 exam, holding COP and got his Proprietorship firm registered at ICAI. Now he is providing professional services in a listed company and getting professional fees on monthly basis. (i.e. he is not on payroll).

Now that company want to send my friend to other state on behalf of the company so can he sign the some documents on behalf of the company as authorized signatory???

If he do so does he fall under any clauses of professional misconduct under the ICAI Act,1949.

Kindly reply on urgent basis.

Thanks in advance........

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3 Replies

CS RAJESH C.CHOUDHARY (ASSISTANT MANAGER) (14607 Points)
Replied 20 October 2011

where all CCI expert gone????? Come on CA Clubindia

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CA VISHAL RANA,CS,B.Com,AMFI (Chartered Accountant in Whole Time Practice) (4354 Points)
Replied 20 October 2011

RAJESH I THINK HE IS NOT COVERED UNDER PROFESSIONAL MISCONDUCT CLAUSE BECAUSE HE IS PROVIDING ALL SERVICE ON HIS PROFESSIONAL CAPACITY AS PRACTICING CA......WAIT FOR SUGGESTIONS OF OTHER EXPERTS

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Pramod Limaye (Chartered Accountant) (172 Points)
Replied 23 September 2012

Your friend is giving services to the company in a professional capacity and not as employee. In my opinion, he cannot sign any document on behalf of company as authorised signatory unless he has been given authority for the purpose of representation before any govt. authorities. However, he can continue to give professional services in the other state like in present state and in the other state also, he can represent the company before any govt. authorities with the authority given by the company.