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Sanjaya Kumar Mishra (Legal Consultant)     04 February 2012

Can a lawyer work as proprietor or director of a company?

Hello elite mass of this gigantic web home!!! This is my first ever posting. Can any one be kind enough to enlighten me with the fact: "WHETHER AN ADVOCATE OR REGISTERED BAR COUNCIL MEMBER CAN ACT AS A PROPRIETOR OR DIRECTOR OF A COMPANY, BESIDES HIS/HER LAW PROFESSION?" Thanks and regards....SKM



Learning

 10 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 April 2012

You can be proprietor but can be DIRECTOR.

C. P. CHUGH (Practicing Lawyer)     08 April 2012

Advocate Act prohibit a member to indulge into any kind of business activities so long as he is enrolled as member of Bar Council and is in practice. Hence an Advocate cannot be the Proprietor of any business entity. However he can be appointed Non-executive Director on the board of a company, where he is not involved into day to day activities of the said company.

Gaurav (Mumbai)     23 April 2012

@ C. P. CHUGH

Sir 

You said that (he is enrolled as member of Bar Council and is in practice. Hence an Advocate cannot be the Proprietor of any business entity) But as for as m considered that Chartered Accountants and Company Secretery are also enrolled as a member of ICAI and ICSI..but they have authorised to become Partnrship or Propretrshp.. and they can become director of any company..and in respect of Director, According to Company law,1956, Any person can be director of a company except Unsound mind, Lunatic and who is nt age of Majority...so why can advocate not become a director of any compny..???

Som Bathla (In-house Legal Counsel)     25 April 2012

A lawyer can act as a director of a company. If he is related to some of the existing directors of the company and also provides professional services to the Company, then he needs to comply with the provisions of section 314 of the Companies Act i.e. place of profit, unless the service is totally regarding appearance before the court.

Sagnik (Management Trainee)     25 April 2012

Concerning the above mentioned topic please go through this article ...its very enlightening https://legalservicesindia.com/article/article/restriction-on-advocates-179-1.html

C. P. CHUGH (Practicing Lawyer)     26 April 2012

Thanks Mr SAgnik,

Indeed a very good article on the subject. Hat's off to author also.

Sagnik (Management Trainee)     26 April 2012

My pleasure sir !!!

Velji Bhorania (LLB)     02 June 2012

Thanks all for sharing the knowledge. In line to the question I have one more clarification that i am looking for. With advent of LPO can lawyer join with external investors who are not lawyers form a company dealing in legal services?

MOEZ AHMED   06 October 2015

Hello All Petrons, I have three Questions. I would be very thankful if you can answers my questions. My questions are:- Q.1- Can an Advocate be Owner/Publisher/Editor of any Newspaper/Magazine while practicing in any court of India? Q.2- Can an Advocate be MP/MLA while practicing in any court of India? Q.3- Can an Advocate run any NGO/Trust while practicing in any court of India? Q.4- As per rule, "Currently an Advocates can only practice in courts within the state, then how some Advocates like Mr Ram Jethmalani and Mr Harish Salve are eligible to practice in Supreme Court of India and all High Courts of India and other courts of India belong to different State of Bar Council?

NIKET KALE (CONSULTANT)     24 May 2022

Its not at all clear from above. I think mostly all ask asking.

CAN A LAWYER START HIS OWN (SELF PROPRIETORSHIP) LAW FIRM?

I dont think the Bar council's restrictions are about restricting him to start his own law firm? 

Please enlighten.

 


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