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Chartered Accountants Act and Regulations

1. PROVISIONS

A. Statute

  • The Chartered Accountants Act, 1949 w.e.f. 1st July, 1949
  • As amended by The Chartered Accountants (Amendment) Act, 2006 w.e.f. 8th August, 2006 (some provisions coming into effect later as per respective dates notified).

The Chartered Accountants Regulations, 1988 w.e.f. 1st June, 1988.

B. Membership Eligibility (Ss. 4 & 8 and Regn. 4)

  1. The applicant should have
    1. Completed prescribed period of practical training.
    2. Passed the CA Final Examination.
    3. Attained twenty-one years of age.
    4. Completed the course on General Management & Communication Skills (GMCS)
    5. Applied in Form 2, with the prescribed membership and entrance fees.

C. Eligibility to join the CA Course & Examinations (Regn. 45)

  1. Eligibility for Common Proficiency Test (CPT) (Regn. 25C & 25D) – May enroll for the course if passed Class 10 examination. May appear for CPT after appearing for Senior Secondary Examination (10 + 2) Examination or while positive result of the same is awaited. CPT Examination will be generally conducted two times a year (student who has got himself registered 60 days prior to the first day of the month in which CPT examination is to be held i.e. on or before 1st April and 1st October, can appear in the CPT examination to be held in June and December respectively). It is a test of four subjects viz., Accounting, Mercantile laws, General Economics and 
    Quantitative Aptitude (tests the basic knowledge in these subject areas).
  2. Eligibility for Registration as Articled /Audit Assistant: Such a person has passed CPT and Group I of IPCC. CA student has to complete 100 hrs. or I.T.T. course and 35 hrs. of orientation course before joining articleship.

D. Integrated Professional Competence Course (IPCC)

  1. Requirements for IPCC Registration.:
    Pass in 12th standard and CPT Exam (or Entrance/Foundation/PE-I)
  2. Requirements for appearance in IPCC Exam
    Completion of 8 months study course

E. Direct Entry to Chartered Accountancy Course

Exempted Categories: The following categories of students shall be exempted from passing the Common Proficiency Test (CPT):

  • Graduate or Post Graduate in Commerce having secured in aggregate a minimum of 55% of the total marks or its equivalent grade in the examination conducted by any recognised University (including Open University) by studying any three papers of 100 marks each out of Accounting, Auditing, Mercantile Laws, Corporate Laws, Economics, Management (including Financial Management), Taxation (including Direct Tax Laws and Indirect Tax Laws), Costing, Business Administration or Management Accounting; or
  • Graduates or Post Graduates other than those falling under Commerce stream mentioned above having secured in aggregate a minimum of 60% of the total marks or its equivalent grade in the examination conducted by any recognised University (including Open University) OR has passed the intermediate level exam of ICWA or ICSI.

For more details, please visit website www.icai.org (BOS/Announcement/227/12(1) dated 16th August, 2012.

F. Final Examinations (Regn. 29)

Examination held in May and November every year. Conditions for eligibility as given below:

  1. Should have passed Intermediate/PE-II Examination/ Professional Competence Examination (PCE)/IPCC
  2. Should have completed or is serving the last twelve months of Articleship as on the first day of the month in which the examination is held. (applicable in case of three years articleship; i.e., for the students who commence articles after PE II)
  3. Should have completed or is serving the last 6 months of articleship as on the first day of the month in which examination is held (applicable to students who commence articles after CPT, for a period of three and half years OR IPCC for a period of 3 years)

G. Members Entitlement to train articled assistant (Regn. 43)

Eligibility requirement for member giving practical training

  1. Member should be in full time practice.
  2. No. of trainees (articled assistants) given below :

No. of years in Practice

No.

0-3 years

1

3-5 years

3

5-10 years

7

10 yrs. and above

10

In addition to the above full-time salaried employees who have continued as employee with the same employer for 3 years as on the date of registering as articled assistant shall also be entitled to give practical training as under –

Total number of members – irrespective of whether associate or fellow, who are full time salaried employees

Entitlement for articled trainees

Up to 100

1 per employee

Between 101 and 500

100 + 50% of the number of such employees above 100 (i.e., a maximum of 300)

From 501 or more

300 + 20% of the number of such employees above 500

In case of discontinuance of practice, or resignation of partner such member shall not be entitled to train article assistant/s for the balance of their training period. Such articled assistant/s will continue to be trained in the same firm even though the other partners are already training up to their maximum entitlement.

H. Practical Training Record (Regn. 64)

A monthly record of practical training of the Articled/Audit Assistant is required to be maintained w.e.f. 1-4-1995 in respect of all articled trainees commencing articles thereafter.

  1. A monthly training record specifying the areas in which the articled assistant has obtained work experience with corresponding No. of days is to be maintained by the member in charge of training (MIT) or Principal.
  2. A report of the practical training on the basis of such monthly record is to be enclosed with Form 108/109 [Regulations 64(1) & 64(2)], in all cases of completion/termination.
    (Refer Training Guide issued by the Institute)

I. Stipend for Articled Assistant (Regn. 48)

Minimum monthly stipend as shown below (w.e.f. 23rd January, 2015)

Population of normal place of service

1st year

2nd year

3rd year

20 lakh or above

2,000

2,500

3,000

4 lakh or more but below 20 lakh

1,500

2,000

2,500

Below 4 lakh

1,000

1,500

2,000

Payment to be made by account payee cheque or credit to bank account of articled assistant. Stamped receipt to be obtained by principal.

Population figures on the basis of last published census figures.

J. Leave (Regn.59)

Entitlement of leave** = Period worked (excluding leave) / 6

** Subject to a maximum entitlement of 180 days leave for three and half years articleship and 156 days for three years articleship. Stipend is payable only for such period and not for period of excess leave taken.

K. Period of training (Regn. 50, 71)

Article assistant 3 years & 6 months for PCC students, 3 years for PE-II qualified students. 3 years for IPCC – GI qualified students

Audit assistant 56 months for PCC students and 4 years for PE-II/ IPCC qualified students

L. Transfer/Termination of Articleship [Regulation 56(1)]

In partial modification of the announcement dated 30th June, 2009 regarding transfer/termination of articles the Council in its recent meeting has decided that the transfer/termination of articleship in terms of Regulation 56(1) of the Chartered Accountants Regulations, 1988 shall be permissible on the grounds as stated below: –

  1. Transfer /termination of articles is permitted without any restriction during the first year of articles.
  2. During rest of the articleship period on satisfying anyone or more of the conditions as stated below: –
    1. Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a Medical Certificate issued by a Government Hospital).
    2. Transfer of parent(s) to another city.
    3. Misconduct involving moral turpitude.
    4. Other justifiable circumstances/reasons: —
      1. Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the Act warranting transfer/termination of articleship): —
        1. Industrial Training (Regulation 51)
        2. Secondment of articles (Regulation 54)
        3. Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)
        4. Death of Principal [Regulation 57(1)(c)]
        5. Ceasing of practice by the Principal [Regulation 57(1)(a)]
        6. Removal of name of the Principal from the Register of Member due to any reason [Regulation 57(l)(b)]
      2. Marriage (only if there is relocation to another city involving distance of 50 kms).
      3. Irregular payment or non-payment of stipend with reference to Regulation 67.
      4. Articled assistant desires to serve balance period of training outside India.
      5. Shifting by the Principal to another city involving distance more than 50 kms.

The articled assistants are required to get the consent of the Institute before getting Form 109 signed by the Principal in their own interest.

The request, on anyone or more of the aforesaid grounds of an articled assistant on a plain paper along with the recommendation/ consent of the Principal for transfer / termination of articleship accompanied by evidence/proof (self-attested by the articled assistant) to the satisfaction of the Institute be made. Request for transfer not accompanied by consent of Principal shall not be accepted. Not applicable in case of Transfer for Industrial Training

In case of dispute between Principal and articled assistant, the matter be settled amicably among the articled assistant and the Principal concerned and the Institute shall not interfere in such cases.

M. Training in Industry (Regn. 51, 72)

  1. Eligibility: Articled or audit assistant passing Intermediate/PE-II/PCC/IPCC Examination.
  2. Period: Minimum period may range between 9 and 12 months during last year of practical training.
  3. Only with recognised financial/commercial/industrial undertaking with minimum fixed assets of ₹1 crore or minimum total turnover of ₹10 crore or a minimum paid-up share capital of ₹ 50 lakh or in any other institution or organisation approved by the Council.
  4. Training under a member of the Institute who has been a member for continuous period of at least three years. (Associates-1 trainee. Fellows- 2 trainees)
  5. Intimation of intention to principal under whom serving earlier, at least three months in advance.
  6. Agreement in triplicate in Form 104 to be executed.

N. Office hours (Regn. 60)

  • An articled assistant shall work 35 hours per week.
  • The articled assistant should undergo practical training in accordance with the guidelines of the Institute between 9.30 a.m. and 5.30 p.m.
  • The articled assistant shall not be permitted to attend colleges/other institutions for graduation or any other course between 9.30 a.m. and 5.30 p.m..
  • Every articled/audit assistant shall submit, once in a year, a specific declaration duly countersigned by the Principal to the effect that he is regularly attending training and his college hours do not clash with his articles timings and that no coaching is undertaken by him between 9.30 a.m. and 5.30 p.m. on any working day.

O. Other courses of study during training (Regn. 65)

  1. Cannot be undertaken without prior permission of the Council of the Institute.
  2. Permission is normally granted on a specific prior application in Form 112 for permission in respect of all courses other than those specified in a negative list that may be specified by the Council from time to time.
  3. In case of attending of regular classes, the same should be outside normal office hours.
  4. Only one course permitted at a time during training period.
  5. In the event of breach of guidelines and not taking permission as required, the articles already undergone shall be derecognised for such period as the Institute may decide. In case an articled assistant is found not undergoing articles in the manner prescribed, he shall be debarred from appearing in the exam up to 3 consecutive exams besides cancellation of such period of articles. The concerned member who allowed him to be such an articled assistant be subject to punitive action besides withdrawing either partly or fully his eligibility to train articled assistant. In Peer Review, the reviewer be required to verify whether training is imparted to the articled assistants in the manner prescribed.

Other occupation during training (Regn. 65)

  1. Cannot engage without permission of Council.
  2. Permission normally granted for being sleeping partner in a firm, directorship in a family company and lectureship in college (not exceeding 9 hours per week) in subjects useful for CA course, subject to fulfilment of certain conditions.

Implementation of New GMCS Programme

The Council has decided that the General Management and Communication Skills (GMCS) Programme, presently being organised for 15 days for the CA students should be organised twice during the period of articled training as under:

  1. GMCS-I (15 days) – during 1st year of articled training
  2. GMCS-II (15 days) – after completion of 18 months of training but before completion of articled training

In view of the same GMCS-I & II Programmes will be implemented in respect of those students, who will be registered for articled training on or after 1st May, 2012. Students, who are undergoing articled training or have been registered for articled training prior to 1st May, 2012 shall be governed by the existing GMCS 
Scheme. The fee for each programme of GMCS I & II shall be 
₹ 9,000/- only.

Miscellaneous

1. Secondment

  1. The articled assistant can be seconded to another member eligible to train articled assistant/s by mutual consent. Student has to submit form for secondment to his Principal who after completing the same has to submit the same to Regional Office of ICAI.
  2. The Principal can, with the prior consent of the articled assistant/s, second the articled assistant/s to another eligible member as per above procedure.
    The member to whom the articled assistant/s is seconded to should be eligible to train articled assistant/s.
    Maximum articled assistant/s a member can train in case of secondment shall be 2.
    Aggregate period of secondment shall not exceed 1 year, minimum duration under one member should be four months.
    In case secondment done to a member in an industry the period shall not exceed 1 year.

Principal to

  • Pay the stipend during secondment
  • Keep record of training undergone in secondment.

No need to execute a separate deed in case of secondment.

2. Commonly Used Forms

Form No.

Description

Stamp Duty

Gujarat

Maharashtra

Fees*

2

Application for Associate Membership

1,200 (Entrance)

800 (Annual)

3

Application for Fellow Membership

1,800 (Entrance) 2,200 (Annual)

6

Certificate of Practice

2,000 (Annual)

9

Application for Restoration of Membership

1,200

18

Particulars of offices and firms

101

Restoration of Certificate of Practice

     

102

Agreement for Articled Assistantship

100

100

 

104

Agreement for Industrial Training

100

100

 

105

Completion/Termination of Industrial Training

     

107

Supplementary Deed of Articles (on account of excess leave)

50

50

 

108 to 113 & 117

Completion of Articled Assistantship,Terminations; Other engagements; Registration of Audit assistant; Approval of Firm Name

*The Council of the Institute, has increased membership fees under various categories with effect from 1st April, 2011 and lowered for senior citizens (60 years and above)

RECOMMENDED SCALE OF FEES FOR WORK DONE BY CHARTERED ACCOUNTANTS

(Refer to guidelines of ICAI Committee for Capacity Building of Members in Practice)

3. Students Fees Payable

All fees are to be paid by demand draft favouring “The Secretary, Institute of Chartered Accountants of India” payable at Mumbai unless indicated otherwise or online payment can be made.

A. Fees payable under the New Scheme of Education & Training

 

Indian Students ()

Foreign Student's $

a. For CPT

6,000

580

b. Fee for enrolment for Final Course

   

(i) After passing PCC

8,500

600

(ii) After passing IPCC

*12000

**750

 

*₹ 2000 of ₹ 12000 is articles registration fees

** $ 50 of $ 750 is articles registration fees

Fee structure for IPCC/ATC

   

(i) Both Groups of IPCC (without Articles)

9,000

$ 550

(ii) Both Groups of IPCC and ATC (without Articles)

10,000

$ 600

(iii) Group I of IPCC

8,000

$ 500

(iv) Group II of IPCC (without Articles)

8,000

$ 300

(v) Group II of IPCC (with Articles)

7,000

$ 400

(vi) ATC

10,000

$ 600

B. Examination

 

One Group

Both Groups

PCC/IPCC

₹ 1,500

 2,700

FINAL

 1,800

 3,300

ICAI discontinued physical exam forms from May 2017, exam application and fee payment can only be made online.

Rates of fee for entry of name in the Register of Members, annual membership fee, annual certificate of practice fee and fee for restoration of name in the Register of Members:-

Sl.

 

Particulars of fee payable

Fee payable w.e.f.

No.

 

 

1.4.2017

1.

Entrance Fee payable under regulation 5  -

 

 

-

as an Associate

Rs.2,000/-

 

-

as a Fellow

Rs.2,500/-

2.

Annual  Membership  Fee  payable  under  sub

 

 

regulation (1) of regulation 6 –

 

 

-

as an Associate Member

Rs.1,500/-

 

-

as Fellow Member

Rs.3,000/-

3.

Certificate  of  Practice  fee  payable  under  sub-

 

 

regulation (2) of regulation 6 –

 

 

-

as an Associate Member

Rs.3,000/-

 

-

as a Fellow Member

Rs.4,000/-

4.

Fee for

restoration of name in the Register of

 

 

Members  payable  under  sub-regulation  (3)  of

 

 

regulation 6 -

 

 

(i)

within 3 years of removal

Rs.1,200/-

 

(ii)

after 3 years of removal but before 5

Rs.3,000/-

 

 

years

 

 

(iii)

after 5 years of removal

Rs.4,000/-

Notwithstanding the rates of annual membership fee specified at Serial Number 2 above, a member who has attained the age of 60 years and above as on the 1st day of April of the relevant year, but not holding the certificate of practice shall pay such annual membership fee at the rates specified below:-

Associate Member

-

Rs.1,100/-

Fellow Member

-

Rs.2,300/-

The aforesaid revised rates of fees shall come into force with effect from 1st April, 2017.

In order to avoid/minimize violation of regulations by members/firms and articled assistants, ICAI has increased the condonation fees with effect from 1st April 2017 as below: (for breach of reg. 46(2)/69(2) & 46 (3), 69(3), 50, 58, 61(1), 71 & 75, 65/78, 11 &19, 190(4) & 190 (7) of CA Reg., 1988)

Period of Delay

Existing (Rs.)

Revised (Rs.)

Upto   30 days

100/-

500/-

31-180 days

300/-

1000/-

181-365

1000/-

2000/-

More than 365

-

10000/-

4. Code of Ethics – Some Provisions

Sr. No.

A practising CA CANNOT

A practising CA CAN

1

Solicit work.

Give his audit report to the client on his letterhead

2

Give a client’s balance sheet on his letterhead.

Use a prescribed logo on visiting cards, letterheads, etc.

3

Describe on his letterhead or visiting cards association with other Indian/Foreign firms.

Describe himself as a CA. in greeting cards and invitation cards. Can use the prefix CA. before his name.

4

Use a firm name not approved by the Institute

Advertise in the official Yellow pages brought out by the telephone authorities.

5

Have his name displayed in Yellow pages in bold.

Display his firm’s name board in a manner that it does not smack of advertisement.

6

 

Advertise as per the notified guidelines.

Website

The Institute has permitted each member to

  • Establish their own websites
  • Ensure that their Websites are run on a ‘pull’ model and not a ‘push’ model of the technology
  • Ensure that any person who wishes to locate the member would only have access to the information
  • Ensure the information should be provided only on the basis of specific ‘pull’ request.

Tenders

Sr. No.

The Practising CA CANNOT Respond to

CAN Respond to Advertisement / Circular/Tenders or enquiries

1

Advertisements inviting applications for appointment of auditors

In other areas when competing with non CAs.

2

Tenders or circulars or enquiry (made to more than one member) inviting quotations restricted to CA

If the same has been sought by World Bank/IMF/ADB/Other similar International Body /Govt. Co. or Agency/Autonomous Body sponsored or regulated by the Govt./Nationalised Institution.

3

 

In case of any other services, including audit services to be provided out of country

4

A CA cannot pay earnest money/security deposit in areas which are exclusive to CA as per law

A CA can pay

  • A reasonable amount as price for tender/bid document.
  • Earnest money/security deposit in other areas open to both Chartered Accountants and other professionals at their discretion.
  • Reasonable amount towards earnest money/security deposit, if any CAs are recruited in non-exclusive area.

A practising CA

  1. CAN be a director simpliciter in a company without prior permission of Council.
  2. CAN be a promoter or promoter director in a company without prior permission of Council.
  3. CAN be a Managing Director or Wholetime Director of a company with prior permission of Council. This permission is granted if such CA. and/or relative do not have substantial interest (i.e., more than 20%) in the company. However, w.e.f. 1-4-2005 the member is not permissible to do attest function.

Sr. No

A practising CA CANNOT

A practising CA can

1.

Accept contingency or percentage based fees, except in the following cases:

  1. A liquidator can accept his fee based on percentage of realisation of assets
  2. An auditor of a co-operative society can accept fees based on percentage of paid-up capital, working capital, gross income/profits, or net income/profits
  3. A valuer for direct tax purposes can accept fees based on the value of property valued.

CAN share fees with other practising CA. but not with others.

RULES OF NETWORK AND MERGER–DEMERGER

Rules of Network and merger–demerger amongst the firms registered with the ICAI. (Refer February 2005 ICAIJ p. 1075)

5. Audit

Firm size (No. of partners)

Min. Audit fees on basis of City Populn.

(At least 1 partner must have held certificate for min. 5 yrs.)

20 lakhs and above

Others

4 or more but less than 8

₹ 5,000

₹ 3,000

8 or more

₹ 9,000

₹ 6,000

Audits excluded from above restriction

  1. Charitable institutions, clubs, prov. funds, etc.*
    * Earlier this exemption applied only if the above 
    audits were honourary. This requirement has now been removed.
  2. Bank branch statutory audit of branches of banks including regional rural banks.
  3. Newly formed concerns for first two years from date of commencement of operations.
  4. Certificate/audit under Income-tax Act or other attestation work carried out by statutory auditor.

Appointment of Auditors – Section 139 of Companies 
Act, 2013

  • Instead of reappointment at each AGM, auditor to be appointed for a block of five years.
  • Reappointment needs to be ratified at each AGM.
  • Appointment shall be made taking into recommendations of the Audit Committee/Board
  • At each AGM, CA members will have option to:
    • Rotate Audit partner/team
    • Appoint joint auditor
  • Maximum of 20 companies (including private limited companies) can be audited by an individual Auditor
  • Auditors need to provide a written consent and also indicate whether they satisfy the criteria provided in Section 141 of Companies Act, 2013
  • Firm includes an LLP incorporated under the Limited Liability Partnership Act, 2008

Rotation of Auditors – Section 139 of Companies Act, 2013

  • Mandatory auditor rotation
    • Companies covered by rotation (Listed companies, unlisted public companies with paid-up share capital > ₹ 10 crore, private limited companies with paid-up share capital > ₹ 20 crore, all companies having public borrowings from banks/financial Institutions or public deposit > ₹ 50 crore)
  • While a partnership firm would be eligible for two consecutive five year terms. an individual auditor would be eligible for one such term.
  • Term prior to commencement of Companies Act, 2013 will be retrospectively reckoned for computing 5-10 year validity.
  • After completion of audit engagement term, the Auditor will be subject to a continuous five year cool off period.
  • Incoming auditor cannot be an associate or from same network as the outgoing auditor.
  • If a partner who is in charge of an audit firm and also certifies the financial statements of a company, retires from the said firm and joins another firm of chartered accountants, such other firm shall also be ineligible to be appointed for a period of five years.
  • Transaction period of three years set to implement the change.
  • Where a company has appointed two or more persons as joint auditors. the rotation shall be done in such a manner that all of the joint auditors do not complete their term in the same year.

Disqualification and Independence criteria – Section 141 of Companies Act, 2013

If:

  • Officer/employee of company (or partner of/in employment of such person)
  • Auditor in more than 20 Companies
  • Convicted by Court
  • Body Corporate, other than LLP
  • Holding security of/interest in or indebted to company/its subsidiary/associate/holding company/subsidiary of its holding company exceeding ₹1 lakh / ₹5 lakh.
  • Person whose relative is Director/KMP of company
  • Full time employment elsewhere

Non-audit services – Section 144 of Companies Act, 2013

The following are the prohibited services by auditor and related entities, the transition period is 1 year:

  • Management services
  • Outsourced financial services
  • Design and implementation of financial information system
  • Investment advisory
  • Actuarial services
  • Investment banking
  • Internal Audit
  • Accounting & Book-keeping
  • Any other prescribed service

Prohibition extends to holding and subsidiary companies .

All non-audit services to be approved by Audit Committee or Board of Directors

Duties and Liabilities of auditors – Sections 143 and 147 of Companies Act, 2013

Sr. No.

Duties of Auditor u/s . 143 of the New Companies Act, 2013

Liabilities of Auditor u/s. 147 of the New Companies Act, 2013

1

Auditor to report on specified matters, in the audit report

Contravention of provisions punishable with fine not less than ₹ 25,000 up to ₹ 500,000

2

Responsibility to report offence involving fraud to the Central Government

In case of wilful or contravention done knowingly or with wilful intent to deceive, imprisonment up to one year and fine not less than ₹ 100,000 but which may extend up to ₹ 2,500,000

3

National Financial Reporting Authority can specify additional matters for reporting

If convicted also liable to refund remuneration and liable to pay damages (to company, statutory bodies or authorities) arising out of the incorrect reporting

Fraud reporting requirements – Section 143 and Rule 13 of Companies (Audit and Auditors) Rules

  • All frauds to be reported within 60 days to Central Government (Secretary, Ministry of Corporate Affairs), after following prescribed procedure
  • Procedure for reporting fraud
    • Refer the matter to the Audit Committee/board and seek responses within 45 days
    • After incorporating their response (or even if no response is received), report to the Central Government
  • Fraud reporting to apply also to secretarial and cost auditors
  • In case of non-compliance with the reporting obligation on frauds punishable with fine not less than ₹1 lakh but which may extend up to ₹25 lakh.

Tax Audit under Income-tax Act

  1. Firm of CAs not to accept more than 45 tax audits per partner.
  2. Member not to accept more than 45 tax audits.
  3. Record of Tax Audit Assignments to be maintained. (Refer ICAI Journal May, 2003 page 1127 for the format)
  4. Tax Auditor cannot act as an Internal Auditor.

6. Other activities

Sr. No.

A practising CA CANNOT

A practising CA CAN

1

Carry on any other business except with prior permission of the Council.

Be involved in business through HUF so long as he is not Karta of HUF.

2

Act as portfolio manager for his client.

Carry on the profession of practising Chartered Secretary, Cost Accountancy or as an advocate with prior permission of the Council and provided the other professional body permits the same.

3

 

Be the author of any books or articles and act as editor of professional journals.

4

 

Hold office in an honourary capacity in a charitable, educational or other non-commercial organisation.

Disclosure

Sr. No.

A practising CA CANNOT

A practising CA SHOULD

1.

Disclose confidential information relating to client to a third party without client’s permission or unless he is required to do so under law.

Disclose his interest if any in his report, before expressing his opinion on the financial statements of a concern in which his relatives as defined under section 6 of the Companies Act, 1956 or such relatives along with himself are substantially interested.

7. Continuing Professional Educa-tion – CPE hours requirement for the block period of 3 years (1 January 2017 – 31 December 2019)

A. All the members (aged less than 60 years) who are holding Certificate of Practice (except all those members who are residing abroad) are required to:

  1. Complete at least 120 CPE credit hours in a rolling period of three-years.
  2. Complete minimum 20 CPE credit hours of structured learning in each calendar year.
  3. Balance 60 CPE credit hours (minimum 20 CPE credit hours in each calendar year) can be completed either through Structured or Unstructured learning (as per Member’s choice)

B. All the members (aged less than 60 years) who are not holding Certificate of Practice and all the members who are residing abroad (whether holding Certificate of Practice or not) are required to:

  1. Complete at least 60 CPE credit hours either structured or unstructured learning (as per Member’s choice) in rolling period of three-years
  2. Complete minimum 15 CPE credit hours of either structured or unstructured learning (as per member’s choice) in each calendar year.

C. All the members (aged 60 years & above) who are holding Certificate of Practice, are required to:

  1. Complete at least an aggregate of 90 CPE credit hours of either structured or unstructured learning (as per member’s choice) in a rolling period of three years
  2. Complete minimum of 20 CPE credit hours being an aggregate of either structured or unstructured learning (as per member’s choice) in each calendar year

D. The following class of members are exempted from CPE credit hours requirement:

  1. All the members (aged 60 years and above) who are not holding Certificate of Practice.
  2. Judges of Supreme Court, High Court, District Courts and Tribunal
  3. Members of Parliament/MLAs/MLCs
  4. Governors of States
  5. Centre and State Civil Services
  6. Entrepreneurs (owners of business (manufacturing) organisations other than professional services)
  7. Judicial officers
  8. Members in Military Service

E. Temporary Exemptions:

  1. Female members for one Calendar year on the grounds of pregnancy
  2. Physically disabled members on case to case basis having permanent disability of not less than 40% and above (Supported with medical certificates from any doctor registered with Indian Medical Council with relevant specialisation as evidenced by Post Qualifications (M.D., M.S. etc.).
  3. Members suffering from prolonged critical diseases/illnesses or other disability as may be specified or approved by the CPEC. (Supported with medical certificates from any doctor registered with Indian Medical Council with relevant specialisation as evidenced by Post Qualifications (M.D., M.S. etc.)

F. CPE Portal

The CPE Portal (http://www.cpeicai.org) has been developed to facilitate the members in keeping themselves updated with their CPE credit hours.

The members can view the status of CPE hours by logging into the CPE Portal using their User ID and password and verify their CPE attendance. The portal also provides the information on upcoming events across India and abroad organised by various POUs such as Central Committees, Regional Councils, Foreign Chapters, CPE Chapters, CPE Study Circles and CPE Study Groups.

8. Peer Review

INTRODUCTION AND DEFINITIONS

Peer Review means an examination and review of the systems and procedures to determine whether they have been put in place by the Practice Unit for ensuring the quality of assurance services as envisaged by the Technical, Professional and Ethical Standards and whether the same were consistently applied in the period under review.

Practice Unit means members in practice, whether practising individually or a firm of Chartered Accountants.

Assurance Services means assurance engagement services as specified in the “Framework for Assurance Engagements” issued by the Institute of Chartered Accountants of India. There are certain specific exclusions like Management Consultancy Engagements, Representing a client before the authorities, etc.

Technical, Professional and Ethical Standards mean and include:

  • Accounting, Standards issued by the ICAI and/or prescribed and notified by the Central Government of India;
  • Standards issued by the ICAI;
    Engagement Standards;
    Statements;
    Guidance Notes;
    Standards on Internal Audit;
    Statements on Quality Control;
  • Notifications/Directions/Announcements/Guidelines/Pronouncements/Professional Standards issued from time to time by the Council or any of its committees
  • Framework for the preparation and presentation of financial statements, framework of statements and Standard on Auditing, Standard on Assurance Engagements, Standards on Quality Control and Guidance Notes on related services issued, from time to time, 
    by the ICAI and framework for assurance engagements. and
  • Various relevant Statutes and/or Regulations which are applicable.

SCOPE OF PEER REVIEW

The peer review process shall apply to all the assurance services of a practice unit. On selection of a practice unit for peer review, its assurance engagement records pertaining to the Peer Review period shall be subjected to review.

The focus during the review exercise will be on :

  • Compliance with Technical, Professional and Ethical Standards;
  • Quality of Reporting;
  • Systems and procedures for carrying out assurance services;
  • Training Programmes for staff concerned (including articled and audit assistants) with assurance functions, including appropriate infrastructure;
  • Compliance with directions/guidelines issued by the ICAI including fees to be charged, number of audits undertaken and maintenance of assurance related records; and
  • Compliance with directions/guidelines issued by the ICAI relating to article/audit assistants, including attendance register, work diaries, stipend payments and such other related records.

MEMBERS/FIRMS (PRACTICE UNIT) SUBJECT TO REVIEW

Every Practice Unit based on the category in which they fall are to be subjected to Peer Review. The Practice Units are categorised into Level I, II and III.

Any Practice Unit not selected for Peer Review may suo motu apply to the Board for the conduct of its Peer Review.

OBLIGATIONS OF THE PRACTICE UNIT

Any Practice Unit, in addition to the prescribed information to be furnished including the questionnaire, statements and such other particulars as the Board may deem fit shall provide access to any record or document required by the reviewer, which the reviewer reasonably believes to be of relevance to the peer review conducted.

PERIODICITY OF PEER REVIEW

The periodicity of Peer Review will be:

  • Once in 3 years for Level I Practice Units;
  • Once in 4 years for Level II Practice Units; and
  • Once in 5 years for Level III Practice Units.

REPORT OF THE REVIEWER

  • Preliminary Report
    The reviewer before making his report to the Peer Review Board, communicate a preliminary report to the practice unit. The reviewer shall report the areas where systems and procedures were deficient or where non-compliance with reference to any other matter has been noticed by him. The practice unit shall make its submissions or written representations, in writing to the reviewer within 15 days of its receiving the preliminary report .
  • Interim Report
    The reviewer on receiving satisfactory reply from the practice unit shall submit an appropriate report to the Board. In case the reviewer is not satisfied with the reply of the practice unit, the reviewer shall accordingly submit a Modified Report to the Board, incorporating his reasons for the same.
    On receiving a report from a reviewer, the Board, having regard to the Report and any submissions or representations attached to it, may make recommendations to the practice unit concerned regarding the application of Technical, Professional and Ethical Standards, regarding further improvements that could be made to internal quality systems.
    A further “follow on” review after a period of 1 year from the date of issue of a modified report shall be ordered by the Board. The areas for improvement recommended with specific instructions will be carried out and implementation of the recommendations will be examined during the follow on review.
  • Final Report
    The reviewer will prepare a final report to the Board (The Reviewer’s Report), incorporating the findings as discussed with the practice unit.
    The Board shall consider the report within a period of three months and if satisfied, will issue Peer Review Certificate. If not satisfied, it may issue recommendations to practice unit and direct the practice unit for follow on review after the period of 12 months to be conducted by a fresh reviewer appointed by the Board.

For Peer Reviews initiated on or ordered after April 1, 2014, if the Board is of the opinion that there are material deficiencies reported, then the Board shall refer the matter to the council for considering whether the same may be referred to the Disciplinary Directorate for initiating disciplinary action (Clause 8.5 of Peer Review Manual).

A revised scheme of Education and Training for the CA course has been agreed upon but yet to be notified in Official Gazette.

Foundation Course (FC) after std.XII.

After passing FC, register for Intermediate CA.

After minimum 8 months of study, appear and pass either both or one of the 2 groups of Inter CA. Then complete 4 weeks of course called ICITSS-Integrated Course on Information Technology and Soft Skills.

Then sign articleship for 3 years, during the 3 years pass one group of Inter CA if pending and complete 4 weeks of advanced course of ICITSS.

After 3 years of practical training, appear for Final CA. After passing Final CA, register as member.

For Direct Entry route, FC exam is not needed.

 

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