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Seniority for Empanelment of Chartered Accountant Firm

Practise 668 views 1 replies

I am CA Fresher, want to start my practice. During my research for starting my own practice, I came across the few CA partnership firms they are offering to become their partner on terms that. 1. I will not be allowed to create a proprietorship firm till I am a partner in their firm. 2.  I have to share some percentage of gross receipt earned by me from Government tender on basis of the Partnership Firms profile. but I don't have to share any receipt with other partners of my personal client i.e who do not become clients from Tender or empanelment.

My query is I will hold a Certificate of practice from day one of becoming a partner of a partnership firm but I will not be having proprietorship simultaneously, So what will happen if, after 5 years, I resign from partnership firm and Create my own Proprietorship Firm. So if I apply for any empanelment in the first year of my proprietorship firm, what will be my seniority, as I will be FCA having experience of more than 5 years but my proprietorship firm will be fresher with experience of less than 1 year.  

Replies (1)

Hey Upesh, great question! Here's how it generally works regarding seniority and empanelment for a CA firm when you move from partnership to proprietorship:

  1. Experience as a Chartered Accountant (FCA):
    Your individual experience as an FCA (like 5+ years) remains valid regardless of the firm structure. So your professional experience doesn’t reset.

  2. Firm Experience vs. Individual Experience:
    Empanelment authorities (like government bodies or PSUs) often require experience of the firm itself, not just the individual partner.

  • So if you start a new proprietorship firm after resigning from the partnership, the firm’s experience will be counted from the date of its registration, i.e., it will be “fresh” or new.

  • Your individual CA experience will add weight but may not fully substitute for firm seniority requirements.

  1. Implication for Empanelment:

  • For empanelment, the authorities may require the firm to have a minimum number of years of practice, usually 3-5 years.

  • Since your new proprietorship is fresh, it may not meet this criterion initially, even though you personally have 5+ years of CA experience.

  1. How to address this:

  • You can highlight your individual CA experience and qualifications when applying for empanelment. Some empanelments consider both firm and individual credentials.

  • Alternatively, you could continue building your proprietorship firm and apply once it gains the necessary vintage.

  • Or, sometimes, joining an existing reputed partnership with a good firm seniority can be advantageous initially.

Summary:
Your personal CA experience remains, but firm seniority is counted from the start of the new firm’s existence. So for empanelment, your proprietorship firm will be considered new/fresher, potentially impacting eligibility based on firm vintage requirements.


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