Dual cop under advocates act & ca act

Querist : Anonymous (Querist) 07 May 2018 This query is : Resolved
Sir,
one of my friend taken COP from ICAI and become member and after that he has passed LLB exam and enrolled as an advocate after that and he is practicing as an advocate also before diferent courts. Can he do that. If he is doing can we make complaint and what will be the penalty for the same. Also tell me whether any anonymous complaint can be filed

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kavksatyanarayana (Expert) 07 May 2018
If any person is working in any Government/PSU/company, then that person cannot do practice as an advocate.

rajeev sharma (Expert) 07 May 2018
If he is working as an advocate he will have to surrender his COP as CA. From the information given by you it appears that he Co concealed this information from Bar Council and obtained enrollment at bar by canceling facts

R.Ramachandran (Expert) 07 May 2018
You may not be aware, he might have surrendered/got suspended his COP as Chartered Accountant.
Therefore he can practice as an Advocate.
In any case, so long as he does not professionally function as a Chartered Accountant as well as an Advocate simultaneously, there is nothing wrong.
In any case, though you say that he is one of your friends, I think you are the WORST TREACHEROUS ENEMY (not a Friend at all) that he can have. The sooner he realises and cuts off his relationship with you, it will be better for him.
I PRAY FOR HIS WELL BEING. I SINCERELY PRAY TO GOD TO PROTECT HIM FROM FELLOWS LIKE YOU!

Guest (Expert) 07 May 2018
The declaration is required to be made by the applicant who seeks enrollment as an advocate is not engaged in any other profession except under as provided under Rules of State Bar Council made in the exercise of power under Section 28 of the Advocates Act. This it self would make the provision clear.

Ms.Usha Kapoor (Expert) 08 May 2018
I agree with experts./

Querist : Anonymous (Querist) 08 May 2018
Thanks for all reply but one clarification is required if he is having both Certificate of practice then if the information of this is received by the State Bar council and ICAI then what will be the consequences. Like his Certificate will be cancelled or removal of his name or something else.

Thanks!

R.Ramachandran (Expert) 08 May 2018
Please understand having qualified in the Professional Exams, he can surely have and keep with him both the Certificates granted to him. When his COP gets suspended, he is not supposed to return the Certificate to the ICAI Institute. All that it means is that he will not be practising as a CA. In fact in his Chamber he can display all his qualifications like CA Certificate, LLB Certificate, Company Secretary Certificate, ICWAI Certificate etc. etc.