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Chapter
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Page
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1
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Code of Ethics -
Introduction
(Including IFAC
guidelines on
Professional
Ethics) |
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1
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2 & 2.1
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The Chartered
Accountants Act,
1949 |
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7
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2.2
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Members who are
deemed to be in
practice
(including
Council's
Resolution
regarding
Management
Consultancy
Services) |
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7
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2.3
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Significance of
the Certificate
of practice |
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11
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2.4
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A member in
practice is
prohibited from
using a
designation
other than
Chartered
Accountant |
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13
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2.5
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Disabilities for
purpose of
membership |
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14
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2.6
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Procedure in
enquiries for
Disciplinary
matters relating
to misconduct of
the members of
the Institute
and important
Councils
decisions
thereon |
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15
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2.7
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Professional
Misconduct
defined |
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20
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2.8
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Other Misconduct |
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20
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2.9
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Penalty for
falsely claiming
to be a member
etc |
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30
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2.10
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Maintenance of
Branch Offices |
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31
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2.11
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Procedure with
regard to noting
by the Institute
of retirement of
partner(s) of a
firm |
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33
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3
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Authority
attached to the
documents issued
by the Institute |
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35
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- Statements |
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36
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- Accounting
Standards and
Auditing &
Assurance
Standard |
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38
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- Guidance Notes |
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60
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4
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Schedules to the
Act |
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61
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4.1
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THE FIRST
SCHEDULE
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PART I
Professional
Misconduct in
relation to
Chartered
Accountants in
Practice
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Clause (1) -
Practising
member
prohibited from
allowing any
person other
than his partner
or employee to
practise in his
name |
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61
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Clause (2) -
Practising
member
prohibited to
pay or allow any
share,
commission or
brokerage or
profits of his
professional
business, to any
person other
than a member of
the Institute or
a partner or
retired partner
or the legal
representative
of deceased
partner |
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62
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Decided cases
under Clause (2) |
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66
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Clause (3) -
Practising
member
prohibited to
accept or
agreeing to
accept any part
of the profits
of the
professional
work of lawyer,
auctioneer,
broker or other
agent who is not
a member of the
Institute |
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66
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Clause (4) -
Practising
member
prohibited to
enter into
partnership with
any person other
than a
practising
member or
members of
recognised
foreign
professional
bodies |
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67
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Decided cases
under Clause (4) |
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69-70
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Clause (5) -
Practising
member
prohibited from
securing
professional
business through
person not
qualified to be
his partner or
by means not
open to him |
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70
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Decided cases
under Clause (5) |
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70
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Clause (6) -
Practising
member
prohibited from
soliciting
clients or
professional
work by
circular,
advertisement,
personal
communi- cation
or interview or
by any other
means |
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70
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(a) Advertiement
and Notes in the
Press |
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71
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(b) Application
for empanelment
for allotment of
audit and other
professional
work |
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72
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(c) Publication
of name or Firm
Name by
Chartered
Accountants in
the Telephone or
other
Directories
published by
Telephone
Authority or
Private Bodies |
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73
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(d) Responding
to Tenders,
Advertisements
and Circulars |
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74
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(e) Issuing Hand
Bills |
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76
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(f) Publication
of Books or
Articles |
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76
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(g) Issue of
greeting cards
or invitations |
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76
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(h) Soliciting
Professional
work by making
roving enquiries |
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76
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(i) Seeking work
from
professional
colleagues |
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76
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(j) Scope of
representation
which an auditor
is entitled to
make under
Section 225(3)
of the Companies
Act, 1956 |
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77
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(k) Acceptance
of original
professional
work by a member
emanating from
the client
introduced to
him by another
member |
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77
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(l) Giving
public
interviews |
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77
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(m) Members
and/or firms who
publish
advertisements
under box
numbers |
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77
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(n) Website |
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77
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Decided Cases
under Clause (6) |
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82-93
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Clause (7) -
Practising
member
prohibited from
advertising his
professional
attainments or
services or
using any
designation or
expressions
other than
chartered
accountant on
professional
docu- ments,
visiting cards
or sign board,
except permitted
degree or title |
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93
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Decided Cases
under Clause (7) |
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99-103
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Clause (8) -
Practising
member
prohibited from
accepting a
position
previously held
by another
chartered
accountant
without first
communicating
with him in
writing |
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103
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Decided Cases
under Clause (8) |
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109-125
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Clause (9) -
Practising
member
prohibited from
accepting an
appoint- ment as
auditor of a
company without
first
ascertaining
from it whether
the requirements
of Section 225
of the Companies
Act, 1956 in
respect of such
appointment have
been duly
complied with |
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125
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Decided Cases
under Clause (9) |
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141-151
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Clause (10) -
Practising
member
prohibited from
charging or
offering to
charge,
accepting or
offering to
accept in
respect of any
professional
employment fees
which are based
on a percentage
of profits or
contin- gent
upon the
findings, or
results of such
employment,
except permitted
by the
regulations |
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151
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Regulation 192 -
Restriction on
fees |
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151
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Decided case
under Clause
(10) |
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152
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Clause (11) -
Practising
member
prohibited from
engaging in any
business or
occupation other
than the
profession of
chartered
accountants
unless permitted
by the Council
so to engage,
except being a
director of a
company, unless
he or any of his
partners is
interested in
such company as
an auditor |
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152
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Regulations |
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190A Chartered
Accountant in
practice not to
engage in any
other business
or occupation |
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153
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191 Part-time
employments a
Chartered
Accountant in
practice may
accept |
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153
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Appendix (9) -
Chartered
Accountants
Regulations,
1988 (2002 edu.)
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153
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(A)Permission
granted
generally |
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153
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(B) Permission
to be granted
specifically |
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154
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- Director of a
Company |
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158
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-
Promoter/Promoter-Director |
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159
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Decided Cases
under Clause
(11) |
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159-171
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Clause (12) -
Practising
member
prohibited from
accepting a
position as
auditor
previously held
by some other
chartered
accountant in
such conditions
as to constitute
under- cutting |
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171
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Decided Cases
under Clause
(12) |
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171-174
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Clause (13) -
Practising
member
prohibited from
allowing a
person not being
a member of the
Institute or a
member not being
his partner to
sign on his
behalf or on
behalf of his
firm, any
balance-sheet,
profit and loss
account, report
or financial
statements |
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174
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PART II
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Professional
Misconduct in
relation to
Members of the
Institute in
Service |
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176
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Clause (a) -
Member in
employment of a
company, firm or
person
prohibited from
paying or
allowing or
agreeing to pay
or allow
directly or
indirectly to
any person any
share in his
emoluments |
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176
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Clause (b) -
Member in
employment of
any company,
firm or person
prohibited from
accepting or
agreeing to
accept any part
of fees, profits
or gains from a
lawyer, a
chartered
accountant or
broker engaged
by such company,
firm or person
or agent or
customer of such
company, firm or
person or agent
or customer of
such company,
firm or person
by way of
commission or
gratification |
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176
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Clause (c) -
Member in
employment of
any company,
firm or person
prohibited from
disclosing
confidential
information
acquired in the
course of his
employment
except as and
when required by
law or except as
permitted by the
employer |
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176
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PART III
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Professional
Misconduct in
relation to
Members of the
Institute
Generally |
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177
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Clause (1) -
Member
prohibited from
including in any
statement,
return or form
to be submitted
to the Council
any particulars
knowing them to
be false |
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177
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Clause (2) -
Member
prohibited from
styling as a
fellow without
being so |
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177
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Clause (3) -
Member to supply
the information
called for, or
comply with the
requirements
asked for, by
the Council or
any of its
Committees |
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177
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Decided Cases
under Clauses
(1) to (3) |
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177-185
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4.2 |
THE SECOND
SCHEDULE
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PART I
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Professional
Misconduct in
relation to
Chartered
Accountants in
Practice
requiring action
by a High Court |
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186
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Clause (1) -
Practising
member
prohibited from
disclosing
information
acquired in the
course of his
professional
engagement to
any person other
his client,
without the
consent of his
client or
otherwise than
as required by
any law for the
time being in
force |
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186
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Role of
Chartered
Accountants in
relation to
unlawful acts by
their clients |
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188
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Decided cases
under Clauses
(1) |
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191-193
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Clause (2) -
Practising
member
prohibited from
certifying or
submitting in
his name or in
the name of his
firm a report of
an examination
of financial
statements
unless the
examination of
such statements
and the related
records has been
made by him or
by a partner or
an employee in
his firm or by
another
chartered
accountant in
practice |
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193
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Decided case
under Clauses
(2) |
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195-196
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Clause (3) -
Practising
member
prohibited from
permitting his
name or the name
of his firm to
be used in
connection with
an estimate of
earnings
contingent upon
future
transactions in
a manner which
may lead to the
belief that he
vouches for the
accuracy of the
forecast |
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196
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Clause (4) -
Practising
member
prohibited from
expressing his
opinion on
financial
statements of
any business or
any enterprise
in which he, his
firm or a
partner in his
firm has a
substantial
interest,
unless, he
discloses the
interest also in
his report |
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197
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(1) Where the
member, his firm
or his partner
or his relative
has substantial
interest in the
business or
enterprise |
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(i) An
enterprise/concern
of a member is
either an owner
or a partner |
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199
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(ii) Where the
partner or
relative of a
member has
substantial
interest |
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199
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(2) Where the
member or his
partner or
relative is a
director |
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(i) Where a
member is a
director |
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200
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(ii) Where a
partner or
relative of the
member is a
director in the
Company who has
a substantial
interest |
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200
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Decided case
under Clauses
(4) |
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201-202
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Clause (5) -
Practising
member to
disclose a
material fact
known to him
which is not
disclosed in a
financial
statement, but
disclosure of
which is
necessary to
make the
financial
statement not
misleading |
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202
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Decided Cases
under Clause (5) |
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203-205
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Clause (6) -
Practising
member to report
a material
mis-statement
known to him to
appear in a
financial
statement with
which he is
concerned in a
professional
capacity |
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205
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Decided Cases
under Clause (6) |
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206-208
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Clause (7) -
Practising
member to be
vigilant in the
conduct of his
professional
duties |
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208
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Decided Cases
under Clause (7) |
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209-230
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Clause (8) -
Practising
member to
sufficient
information to
warrant the
expression of an
opinion or his
exceptions are
sufficiently
material to
negate the
expression of an
opinion |
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230
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Decided Cases
under Clause (8) |
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233-238
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Clause (9) -
Practising
member to invite
attention to any
material
departure from
the generally
accepted
procedure of
audit applicable
to the
circumstances |
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238
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Decided Cases
under Clause (9) |
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239-241
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Clause (10) -
Practising
member to keep
moneys of his
client in a
separate banking
account or to
use such moneys
for purposes for
which they are
intended |
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241
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Decided Cases
under Clause
(10) |
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242-244
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PART II
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Professional
Misconduct in
relation to
Members of the
Institute
generally
requiring action
by a High Court |
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245
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Clause (i) -
Member not to
contravene any
of the
provisions of
the Chartered
Accountants Act,
1949 and the
regulations made
thereunder |
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245
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Decided Cases
under Clause (i) |
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246-253
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Clause (ii) -
Members to
always keep in
view the various
acts or am
mission which
have been
specified by the
Council in
exercise of
power conferred
on it under the
clause
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253
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Notifications
issued by the
Council under
Clause (ii) Part
II, Schedule II |
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254-267
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5
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Recommended
Self-Regulatory
Measures |
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268
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5.1
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Recommended
scale of fee
chargeable for
the work done by
the Members of
the Institute |
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270
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6
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Appendices A, B,
C, D & E |
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271-286
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7
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Index of Decided
Cases |
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287
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8
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Subject Wise
Index |
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300
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Note : For
details,
please see
the
published
text
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