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balasaheb bhosale (PROPRIETOR)     03 April 2010

CAN ADVOCATE PRACTICE AS C.A.also

i have previosly practising advocate on august 2009 passed the C.A. exam and applie dfor COP  CA institute granted to practic both but i want opnion of Bar Council Of Maharastra & goa Wether they grant me to practice as an Advocate



Learning

 18 Replies

A V Vishal (Advocate)     03 April 2010

You are barred under the Bar Council of India rules from practising 2 professions simenteneously.

adv. rajeev ( rajoo ) (practicing advocate)     03 April 2010

No. Either one of the profession you will have to choose.

DISHA D. SHAH (lawyer)     03 April 2010

you have to choose one of them

Surya Kannt (ADVOCATE)     03 April 2010

yes, i agree with dishaben d. shah

you have to choose one of them

Gundlapallis (Advocate)     04 April 2010

I am also a cost accountant but i choose law for practice - anyone can sail in one boat only, cannot sail in two boats the same time!

Gundlapallis (Advocate)     04 April 2010

Not only the BCI (Bar council of India) even the ICAI will not give you CoP when you are a registered Bar Member.

A V Vishal (Advocate)     04 April 2010

Mr Gundlapallis

You are mistaken ICAI allows practising two professions, it has amended its rules.

Gundlapallis (Advocate)     04 April 2010

Mr. Vishal Ji : I cant believe it until i check it myself.  Will comeback after checking.

Gundlapallis (Advocate)     04 April 2010

190A. Chartered accountant in practice not to engage in any other business or occupation

A chartered accountant in practice shall not engage in any business or occupation other than the

profession of accountancy, except with the permission granted in accordance with a resolution of

the Council.

 

191. Part-time employments a chartered accountant in practice may accept

Notwithstanding anything contained in regulation 190A but subject to the control of the Council, a

chartered accountant in practice may act as a liquidator, trustee, executor, administrator, arbitrator,

receiver, adviser or representative for costing, financial or taxation matter, or may take up an

appointment that may be made by the Central Government or a court of law or any other legal

authority or may act as a Secretary in his professional capacity, provided his employment is not on

a salary-cum-full-time basis.

 

Appendix No. 9

Permission Granted Generally

(A) Members of the Institute in practice be generally permitted to engage in the following categories* in

individual cases:

(1) Employment under Chartered Accountants in practice or firms of such Chartered

Accountants.

(2) Private tutorship.

(3) Authorship of Books and articles.

(4) Holding of Life Insurance Agency Licence for the limited purpose of getting renewal

commission.

(5) Attending classes and appearing for any examination.

(6) Holding of public elective offices such as M.P., M.L.A.& M.L.C.

(7) Honorary office-bearership of charitable, educational or other non-commercial

organisations.

(8) Acting as Notary Public, Justice of the Peace, Special Executive Magistrate and the like.

(9) Part-time tutorship under the Coaching Organisation of the Institute.

(10) Valuation of papers, acting as-paper-setter, head-examiner or moderator for any examination.

(11) Editorship of professional journals.

(12) Acting as Surveyor and Loss Assessor under the Insurance Act, 1938.

(13) Acting asRecovery Consultant in the Banking Sector.

Permission to be Granted specifically

(B) Members of the Institute in practice may engage in the following categories of business or

occupations, after obtaining the specific and prior approval of the Council in each case:

(1) Full-time or part-time employment in business concerns provided that the member and/or his

relatives do not hold substantial interest in such concerns.

(2) Full-time or part-time employment in non-business concerns.

(3) Office of Managing Director or a whole-time Director of a body corporate within the meaning of

the Companies Act, 1956, provided that the member and/or his relatives do not hold

substantial interest in such a concern.

(4) Interest in family business concern or concerns in which interest has been acquired as a result

of relationship and in the management of which no active part is taken.

(5) Interest in agricultural and allied activities carried on with the help, if required, of hired labour.

(6) Interest in an educational institution.

(7) Part-time or full-time lectureship for courses other than those relating to the Institute's

examination conducted under the auspices of the Institute or the Regional Councils or their

branches.

(8) Part-time or full-time tutorship under any educational institution other than the Coaching

Organisation of the Institute.

(9) Editorship of journals other than professional journals.

Manual Relating to Members

(10) Any other business or occupation for which the Executive Committee considers that

permission may be granted.

Further, resolved that the Council may refuse permission in individual cases though covered under

any of the above categories.

It was also decided that for the purpose of the above resolution:-

(i) the expression "relative", in relation to a member means the husband, wife brother or sister or

any lineal ascendant or descendant of that member; and

(ii) amember shall be deemed to have a "substantial interest" in a concern -

(i) in a case where the concern is a company, if its shares (not being shares entitled to a fixed rate

of dividend whether with or without a further right to participate in profits) carrying not less

than twenty per cent of voting power at any time, during the relevant years are owned

beneficially by such member or by any one or more of the following persons or partly by such

member and partly by one or more of the following persons:

(a) One ormore relatives of the member;

(b) Any concerns in which any of the persons referred to above has a substantial interest;

(ii) in the case of any other concern, if such member is entitled or the other persons referred to

above or such member and one or more of the. other persons referred to above are entitled in

the aggregate, at any time during the relevant years to not less than twenty per cent of the

profit of such concern.

Explanation:

(a) The relevant years in the context of clause (4) of Part I of the First Schedule to the Chartered

Accountants Act, 1949 read with Appendix (17) mean the year/period which the report/certificate

relates and the year/period during which the said report/certificate is'signed.

(b) The relevant years in the context of clause (11) of Part I of the First Schedule to the Chartered

Accountants Act, 1949 read with Appendix (10) mean the year/period in which not less than 20% of

voting power/20% share of profits were owned beneficially.

Attention of the members is also invited to para 3 of the above Resolution relating to the holding of

office of a managing director or a whole time director in a company. In such cases, a member can accept

the office of a managing director or a whole-time director only after obtaining the specific and prior

approval of the Council. Attention of the members is also invited to the provisions of Section 2(26) of the

 

Resolution Passed By The Council Regulation 190A
Annexure 1
AS A PART OF AND IN CONTINUATION OF THE EXISTING REGULATION [UNDER REGULATION 190A,
WHICH APPEARS AS APPENDIX NO. (9) TO THE CHARTERED ACCOUNTANTS REGULATIONS 1988
(2002 EDITION)]
"IT IS FURTHER RESOLVED that the general and specific permission granted by the Council is subject to
the condition that -
i. any member engaged in any other business or occupation, in terms of general or specific
permission granted as per Appendix No. (9) given above shall not be entitled to perform any attest
function. However, a member engaging in any of the following area(s), in terms of the specific or
general permission so granted, shall be entitled to performattest function:
a. Authorship of books and articles
b. Holding of Life Insurance Agency Licence for the limited purpose of getting renewal
commission.
c. Attending classes and appearing for any examination.
d. Holding of public elective offices such as M.P., M.L.A.& M.L.C.
e. Honorary office-bearership of charitable, educational or other non-commercial
organisations.
f. Acting as Notary Public, Justice of the Peace, Special Executive Magistrate and the like.'
g. Part-time tutorship under the Coaching Organisation of the Institute.
h. Valuation of papers, acting as paper-setter, head-examiner or a moderator for any
examination.
i. Editorship of professional journals - (not inemployment)
j. Acting as surveyor and Loss Assessor under the Insurance Act, 1938 - (not inemployment).
k. Acting as Recovery consultant in the Banking Sector - (not in employment).
I. Any coaching assignment organized by the Institute, its Regional Councils and Branches of
Regional councils.
m. Engagement as Lecturer in an University, affiliated college, educational institution, coaching
organisation, private tutorship, provided the direct teaching hours devoted to such activities
taken together do not exceed 25 hours a week.
n. Engagement in any other business or occupation permitted by the Executive Committee from
time to time.
ii. A member who is not entitled to perform attest function shall not be entitled to train articled
assistants.
iii. The decision (of the Council) taken at its 223rd meeting held in February, 2002 prescribing the
criteria for individual cases of articleship shall continue to be in operation, mutatis mutandis."
The Council in this connection also clarified that the Attest function for the purpose of this
Resolution would cover services pertaining to audit, review, certification, agreed upon
procedures, and compilation, as defined in the Framework of Statements on Standard
Auditing Practices and Guidance Notes on Related Services published in the July, 2001 Issue
of the Institute's Journal.

 

  

1 Like

Gundlapallis (Advocate)     04 April 2010

Vishal ji permission is NOT granted for practicing TWO professions.  Only compatiable or allied activities are permitted.  For the permitted activities no additional professional qualifications are required. 

S.Sabarinadh (Student)     05 April 2010

If there is such a situation in which the advocate bcould take leave from the Bar council under bar council of India rules and regulations then he could practice either one profession at  a time and later come back and choose the other one.................this provision has been included in advocates of India act of 1961 and is permitted under the bar council regulations

charushila (Lawyer)     07 April 2010

Two Profession cannot be practice simultaneously

A V Vishal (Advocate)     09 April 2010

Refer the latest amendments

Prodyut Banerjee (Advocate (Corporate Lawyer))     13 April 2010

If you practice both the profession you will be violating the Rules of BCI as well as ICAI. Till date ICAI has not made any amendment which allows a Practicing CA to take up any other profession. The same is the case for ICWAI and ICSI. I am a Company Secretary but could not take its CP as I am practicing as an Advocate.

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