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ICAI | Chartered Accountants (Amendment) Regulations, 2020

Last updated: 18 April 2021


THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA NOTIFICATION

New Delhi, the 10th December, 2020

No. 1-CA(7)/197/2020.—The following draft of certain regulations further to amend the Chartered Accountants Regulations, 1988, which the Council of the Institute of Chartered Accountants of India proposes to make, is hereby published, as required by sub-section (3) of Section 30 of the Chartered Accountants Act, 1949 (38 of 1949) for the information of all persons likely to be affected thereby; and notice is hereby given that the said draft regulations will be taken into consideration on or after the expiry of a period of forty-five days from the date on which the copies of the Gazette of India in which these draft regulations are published, are made available to the public;

Any person desiring to make any objection or suggestion in respect of the said draft regulations, may forward the same to the Council of the Institute of Chartered Accountants of India within the period so specified, addressed to the Acting Secretary, The Institute of Chartered Accountants of India, ICAI Bhawan, Indraprastha Marg, New Delhi– 110 002;

Any objection or suggestion which may be received from any person with respect to the said draft regulations before the expiry of the period so specified will be taken into consideration by the Council.

Draft Regulations

1. (1) These regulations may be called the Chartered Accountants (Amendment) Regulations, 2020.

(2) They shall come into force on the date of their final publication in the Official Gazette.

2. In the Chartered Accountants Regulations, 1988,-

(1) In Schedul e " A" to the Ch a rt e red Ac cou n ta n ts Re g u l a t ions, 1988, the fo l lo wi ng For m 18 shall be substituted:-

" FORM '18'

(See Section 2(2) of the Chartered Accountants Act, 1949, Regulation 53B and Regulation 190 of the Chartered Accountants Regulations, 1988)

PARTICULARS OF OFFICES AND FIRMS

1. Name of firm/trade name of Chartered Accountant in practice

2. PAN number and GST Registration number of firm2

3. Name(s) of the proprietor/partners of firm with his/ their membership number(s)

Details of Partners Holding Certificate of Practice - (CA/CS/ ICWA)

S.N.

Name of Partner

Professional Qualifications*

Membership No.:

Whether membership is active (Yes/ No)

Date from which Certificate of Practice held:

           

Details of Partners Holding Professional Qualifications Other than CA/ CS/ ICWA, permitted as per Regulation 53B

S.N.

Name of Partner

Professional Qualifications*

Degree no.

Name of University/ Institution which issued the Degree

         

4. (a) Date of formation of proprietory/partnership firm

(b) Date on which the present partnership was entered into

(c) Whether the partnership is supported by a Deed?

(d) Whether all the partners are sharing the profits of the firm?

5. Ref. No; Date and particulars of approval of trade/firm name obtained from the Council (applicable to cases where the firm was started on or after 1.1.1983)

6. Address of the Head Office of the firm/Chartered Accountant in practice.

7. (a) Address(es) of the branch office(s) of the firm/Chartered Accountant in practice, if any

(b) Date on which each branch office was opened

8. Name of the member, with membership number who is incharge of each of the offices, i.e., head office and branch offices.

Head Office

Name of the member in- charge

Membership Number

     

Branch Office(s)

Name(s) of the member(s) in-charge

Membership Number(s)

     

9. Whether the proprietor/any partner stated in serial number 3 above is/are partner or proprietor or paid assistant with any other firm(s) of chartered accountants in practice anywhere in India and whether any of them are engaged in a full time or a part-time occupation elsewhere ?

YES NO

10. If yes, give details in each case

* Professional Qualifications of partners who are non-chartered accountants should be duly attested by an Independent Practicing Chartered Accountant who is not a partner of the said firm/ relative of the said person.

Name of the Partner/proprietor/paid assistant

Name(s) of the firm(s) of chartered accountants with which connected

Capacity in which connected

Particulars of full time or part-time occupation elsewhere if any

       

11. In case of a firm, whether any partner is also practicing in his individual name? YES NO

12. If yes, give name(s) and membership number(s) of the member(s)

13. Name(s) of the member(s) of the Institute with membership number(s) holding full time employment in the firm/under the chartered accountant in practice and date of joining of each such member. YES NO

14. Whether any paid assistant stated at serial number 13 above is partner or proprietor or paid assistant with any other firm(s) or chartered accountant in practice anywhere in India?

15. If yes, give details:-

Name of the paid assistant

Name(s) and place(s) of firm(s) in which engaged as partner/ Proprietor/paid Assistant

Capacity in which connected with the firm, i.e. as partner/ Proprietor/paid Assistant

     

16. Whether any paid assistant stated at serial number 13 above is practicing?

17. If yes, give name(s) and membership number(s) of the paid assistant(s)

Declaration

I/ We hereby confirm that the information given in this Form is true and correct.

Place: Date:

Signature(s) of the proprietor/all partner(s) of the firm with their membership number(s).]

RAKESH SEHGAL,

Acting Secy. [ADVT.-III/4/Exty./407/2020]

Note : The principal regulations were published in the Gazette of India, Extraordinary, dated the 1st June, 1988 vide number 1-CA(7)/134/88 dated 1st June, 1988 and subsequently amended by the following numbers:-

(i) Notification No.1-CA(7)/1/89, published in the Gazette of India, dated the 7th October, 1989;

(ii) Notification No.1-CA(7)/10/90, published in the Gazette of India, dated the 19th January, 1991;

(iii) Notification No.1-CA(7)/11/90, published in the Gazette of India, dated the 19th January, 1991;

(iv) Notification No.1-CA(7)/12/91, published in the Gazette of India, dated the 23rd February, 1991;

(v) Notification No.1-CA(7)/13/90, published in the Gazette of India, dated the 2nd February, 1991;

(vi) Notification No.1-CA(7)/19/92, published in the Gazette of India, dated the 7th March, 1992;

(vii) Notification No.1-CA(7)/28/95, published in the Gazette of India dated the 1st September, 1995;

(viii) Notification No.1-CA(7)/30/95, published in the Gazette of India, Extraordinary dated the 13th March, 1996;

(ix) Notification No. 1-CA(7)/31/97, published in the Gazette of India, dated 16th August, 1997;

(x) Notification No. 1-CA(7)/44/99, published in the Gazette of India dated the 26th February, 2000;

(xi) Notification No.1-CA(7)/45/99, published in the Gazette of India, dated the 26th February, 2000;

(xii) Notification No.1-CA(7)/51/2000, published in the Gazette of India, Extraordinary, dated the 17th August, 2001;

(xiii) Notification No.1-CA(7)/59/2001, published in the Gazette of India, Extraordinary dated the 28th September, 2001;

(xiv) Notification No.1-CA(7)/64/2002, published in the Gazette of India, Extraordinary dated the 31st March, 2003;

(xv) Notification No.1-CA(7)/64A/2003, published in the Gazette of India, Extraordinary dated the 4th December, 2003;

(xvi) Notification No.1-CA(7)/83/2005, published in the Gazette of India, Extraordinary dated 28th July, 2005;

(xvii) Notification No.1-CA(7)/84/2005, published in the Gazette of India, dated the 17th June, 2006;

(xviii) Notification No. 1-CA(7)/92/2006, published in the Gazette of India, dated the 13th September, 2006;

(xix) Notification No. 1-CA(7)/102/2007(E), published in the Gazette of India, dated the 17th August, 2007;

(xx) Notification No.1-CA(7)/116/2008, published in the Gazette of India, dated the 25th September, 2008;

(xxi) Notification No.1-CA(7)/123/2008, published in the Gazette of India, dated the 3rd December, 2008;

(xxii) Notification No. 1-CA(7)/145/2012, published in the Gazette of India, Extraordinary dated the 1st August, 2012;

(xxiii) Notification No. 1-CA(7)/154/2014, published in the Gazette of India, Extraordinary dated the 22nd July, 2014;

(xxiv) Notification No. 1-CA(7)/167/2014, published in the Gazette of India, Extraordinary dated the 23rd January, 2015;

(xxv) Notification No.1-CA(7)/178/2016, published in the Gazette of India, Extraordinary dated the 25th May, 2017;

(xxvi) Notification No.1-CA(7)/193/2020, published in the Gazette of India, Extraordinary dated the 19th October, 2020.

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