Professional Documents
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01 Audit Power - Code of ethics-DC PDF
01 Audit Power - Code of ethics-DC PDF
1 2 3
International Ethical Standards
Board for Accountants (IESBA) Domestic provision based Case laws referencer
based Ethics Ethics for CAs
1FAST
Chapter
Accounting and A repository of
Auditing Standard disciplinary cases
Issued
for ready reference
in 2019
CA.Sarthak
2
Niraj Jain Chapter The Chartered Accountants
Act, 1949
Including First & Second Schedule to CA
of members sorted
section wise/clause
– wise
Responding to non- Act, 1949 and related CA Regulations, 1988
compliance of Laws &
Regulation (NOCLAR) Earlier included
Chapter
as commentary to
Effective
3 Council Guidelines for
Advertisement various sections and
clauses to Schedules
of the CA Act, 1949.
except for
b Fees: Relative size Chapter
provision of:
4 Council General
Guidelines, 2008
Chapter Issued
Taxation services to in 2020
audit clients
5 Self-Regulatory Measures
Recommended by the council
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Chapter 1 - Applicability of Various Pronouncements 08
(Including Networking Guidelines) 49
10
CAiP-Prohibited Services 11 59
CAiP – Other Points 12
Designation 12 62
15
Penalty for False Representations 15 Chapter 5: Self Regulatory measures 63
Miscellaneous Provisions 16
Chapter 6: Appendix (Recent FAQs 2021 & CHIT PAGE) 64
FAST - Sets out the subject matter addresed in the section and introduces the
requirements and application material in the section
FAST
concerns about bribery and corruption.
3. Stronger independence provisions concerning long association of personnel
When a professional accountant becomes aware of above information the
accountant shall take steps to be disassociated from that information.
being compensated for providing non-assurance services to audit clients. Professional Competence and Due Care :
5. Requirements and guidance where, as a result of a merger or acquisition, (a) To maintain professional knowledge and skill at the level required
an entity becomes a related entity of an audit client. to ensure that clients or employers receive competent professional
6. Provisions relating to threats that are created by certain tax services.(Ap- service; and
plicability deferred) (b) To act diligently in accordance with applicable technical and
7. Requirement where the total gross annual professional fees from the audit professional standards
(c) Serve with professional competence & exercise sound judgment in
two consecutive years. (Applicability deferred) applying professional knowledge and skill.
8. Detailed independence requirements included for assurance engagements. (d) Develop continuing awareness
Professional Behaviour :
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addressed are appropriate recipients.
B. Safeguards that may eliminate or reduce threats to an acceptable level:
1.
CA.Sarthak Niraj Jain
To comply with relevant laws and regulations and avoid any action
that may bring discredit to the profession
Safeguards created by profession, legislation or regulations;and
Safeguards in the work environment.
2. Professional accountants should be honest and truthful and should not:
(a) Make exaggerated claims for the services they are able to offer, Threats, Evaluation of Threats and Safeguards (Part 3: Professional Accounts in
Public Practice)
(b) Make disparaging references or unsubstantiated comparisons to Conceptual Framework
the work of others
(c) Any violation of Advertisement Guidelines issued by the Council (i) Identify threats to compliance with the fundamental principles;
PART 2 – Professional Accountant in Business / Service (ii) Evaluate the threats
This is part of the code illustrates the application of conceptual framework (iii) Address the threats
contained in PART-A to Professional Accounts in Business.
Examples Threat to not Threat to The threat that Threat that a pro- C. Addressing Threats
- Having a appropriately promote a due to a long or fessional accountant
evaluate the client’s or close relationship will be deterred from
interest in a results of a employing with a client, acting objectively
client previous judg- organization’s or employing because of actual or shall address the threats by eliminating them or reducing them to an acceptable level.
- Undue depend- ment made position organization, a perceived pressures,
ence on total professional ac- including attempts The accountant shall do so by:
fees from a countant will be to exercise undue
Examples too sympathetic
Client Examples
- Close business
- A loan to or
to their interests accountant.
(i) Eliminating the circumstances, including interests or relationships, that are creat-
from an - Promoting
relationship shares in a or too accepting
assurance ing the threats;
with a client entity of their work
client Examples
- Possibility of - Acting as
- Participating - Being threatened
losing a client.
in incentive an advocate Examples
(ii) Applying safeguards, where available and capable of being applied, to reduce the
- Potential em- with dismissal or
-compensation of client in - A member of replacement in rela-
ployment with
arrangements litigation the engage- tion to a client en-
threats to an acceptable level; or
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a client or disputes
offered by ment team gagement because
- Having access with third
the employing having a close of a disagreement
organization parties or immediate
information about a professional
- Having access - Lobbying family relation- Actions to Eliminate Threats : A threat might be addressed by eliminating the circum-
personal gain matter.
in favor of
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ted by the client or the employer, or by TCWG, MGT or employees of
the client or employer.
Authority
Statements are mandatory
Lists
A list of statements issued
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For example, the functions of a GST practitioner
TEASER
not associated with their names in the offer documents and/or adver- 3. Letter Heads
tisements a) President and Vice-President of ICAI
Name + Chartered Accountant + President / Vice – President
Bankers’, i.e. to act only as Advisor or Consultant to an Issue. b) Chairman – Designation (no name)
c) Others – ICAI general letter heads
visiting cards, professional documents, etc.
< 21 years
CA.Sarthak Niraj Jain
Unsound mind and adjudged so by a competent court
EXEMPTIONS:
Un-discharged insolvent
Discharged insolvent other than due to misfortune without any misconduct
Convicted of an offence involving moral turpitude and punishable with MEMBER INCHARGE
transportation (Kaala Pani) or imprisonment or of an offence, not of Eligible - Member + Partner / FT Paid Employee (Not Retainer / PT)
technical nature, committed by him in his professional capacity un- Incharge - Visits or Resides
less has either been granted a pardon or, the Central Government has - In the city of Branch for atleast 182 days in a year
removed the disability; or
Guilty by an Institute on inquiry of professional / other misconduct
ii)
name board
General Rule – One Person – One Branch for a Firm City X City Y
Change in member – Only in case of Casual Vacancy Municipal Limit
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No mandatory requirement to maintain a Register
15 km 10 km
Hilly Area
CA.Sarthak Niraj Jain 35 km
45 km
No mention as POB
i)
CA.Sarthak Niraj Jain
OTHER MISCONDUCT – Illustrative example
Where a chartered accountant retains the books of account any
Drawer’ (Hint: other misconduct)
documents of the client and fails to return these to the client on re- MISCELLANEOUS PROVISIONS
quest without a reasonable cause. Section 5:
ii) Where a Chartered accountant makes a material misrepresentation.
iii) Where a chartered accountant uses the services of his articled or audit be given on application) and Associate Members (if not fellow)
clerk for purposes other than professional practice. Section 25:
iv) Conviction by a competent court of law for any offence under Section 8 Companies not to engage in Accountancy (LLPs permitted provided no
(v) of the Chartered Accountants Act 1949. company is its members)
Section 30 B –
of a large amount and utilization thereof for his personal use. Parliament (CA (Amendment) Act – For 30 days, then deemed)
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OM* - Other misconduct, rest are professional misconduct
General Principles to Study Misconduct: SJ Tips
To any person other than:
A member of the Institute or
SALE OF GOODWILL:
When permitted - Death of Proprietor
- Death of all partner
Conditions - Sale to CAiP [Hint: Not permitted]
business with an automobile engineer, However no actual sharing of fees Including a resident who but for his residence abroad would be entitled to
was made? [Hint: Not Guilty] be registered as a member under Section 4 (i) (v); or
10. CA has entered into an agreement to share his rental income with an
agent. Will he be held guilty or misconduct for sharing his fees? Council for the purpose of permitting such partnerships
[Hint: No]
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Partnership between members of ICAI & members of foreign professional bod-
ies are permissible provided they are eligible for the membership. Post 8 Dec.
sional Account-
ants of Canada
Meeting Certain experi- exams + Meeting
ence requirements + No Certain experience
tice; or
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securing professional work from another chartered accountant in prac- Client’s Behalf (Clause 7)
Member may also advertise on behalf of details of client in the course of
FAST
Permitted features: They can have their name included in telephone/trade V. Publication of books or articles or presentations
a.
CA.Sarthak Niraj Jain
Entry in separate section of CA
Permitted
a. CA in practice can write books etc. and get them published.
b. It should appear in the local directory of the city in which concerned CA/ b. Can mention his name & his personal / academic details.
c. Entries should be in logical (alphabetical) order [NEW] He may indicate designation “Chartered Accountant” as well as
d. Should not be made in a differential or prominent manner
e. Entries should be open to all CA’s.
f. Members can also include their names in trade/ social directories.
VI. Greeting Cards or Invitations
Prohibited Items:
a. No impression of publicity or advertisement meant for : a. Marriage
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Reference about ICAI/govt. related website
Articles etc. of professional interest such as budget highlights but not to
Bulletin Board
CA.Sarthak Niraj Jain
have non-professional related information like Health Tips. to their name.
Address should not be such as results in soliciting the client
Website address may be given on stationery without on solicitation for
should be maintained. clients to visit website
Date upto which website is updated.
Common logo prescribed by ICAI Search Engine
Not to have any information contradicting with ICAI, or any information Listing of CA’s website on search engine is allowed.
that is unbecoming a CA
Year of Establishment
[NEW] Educational videos on topics of professional relevance are Hyper Links
permissible In CA’s website, link/reference of only ICAI related or govt. related website
Services through other websites is allowed XX. [NEW] Application based Service Provider Aggregators(SPAs)
Not permissible for members to list themselves with online application
professional achievement of CA is not given based SPAs wherein other categories like businessmen, technicians event
Only CA’s name with designation ‘CA’ is allowed. organisers etc. are also listed.
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XIX. [NEW] Online Third Party Platforms XXI. [NEW] Specialised Directories for limited circulation
own website
CA.Sarthak Niraj Jain The CAs and Firms may print specialised directories for limited circulation sub-
ject to the council general guidelines
advice through their Websites. May appear in any directory or list of members in which the names are
This would be permitted subject to the council general guidelines on ad- listed alphabetically.
vertisements For a specialised directory such as a “Who’s Who” - a member should use
his discretion in supplying information
Council General Guideline In addition a member may give where appropriate -directorships/ personal
No other service, besides consultancy and advice can be rendered through details/ outside interests.
such websites. He should not give - the names of any of his clients
This would be permitted subject to the condition that on the Website,
contact address of the Chartered Accountant concerned is not provided
permitted
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vi) Publicity for appointment of position of local / national importance cards, etc.
Exceptions – Website, Advertisment via write-ups
to CA logo guidelines:
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[NEW] The Council has decided that use of CA logo is permissible, subject xvi) Photo and QR Codes on Visiting Card
It is not permissible for the chartered accountants in practice to print their
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for undisputed audit fees of retiring auditor is purchased by the client and
It will be the duty of the Incoming auditor to ensure the payment of
Mode of Communication:
In writing
Response:
Need some evidence to show that the letter has in fact reached the per- Previous auditor also responsible to respond in time
son communicated with. Else incoming auditor free to accept
Diagnosis:
FAST (vi) Auditor other than the retiring auditor is proposed to be appointed: - As-
certain provisions of Sec. 139 & 140 have been complied with.
adjourned meeting is held and the business listed in the agenda of the [NEW] Permitted Payments / Contingent Fees
meeting is concluded. [NEW] Audit fee payable to concerned SG - the auditor has to deposit a
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(xii) In case a new auditor is appointed at the original meeting (which is % of his audit fee in the State Treasury
[NEW] Assignment wherein a % of professional fee is deducted by the
such adjourned meeting.
CA.Sarthak Niraj Jain
(xiii) If any AGM is adjourned without appointing an auditor, no special no-
Govt. to meet the administrative and other expenditure.
A valuer for any purpose of direct taxes and duties as percentage of value of
tice for removal or replacement of the retiring auditor received after the property valued.
adjournment can be taken note of and acted upon by the Co., since in Certain Management Consultancy Services as may be prescribed
terms of Sec. 115 of the Co. Act, special notice should be given to the Co. (a) Debt recovery consultation services may be based on % of debt recovered
at least 14 clear days before the meeting (b) Cost optimization services
(c) In the case of certain fund raising services, the fees may be based on
CLAUSE 10 : CONTINGENT FEES a Percentage of fund raised (further refer last point)
Charges or offers to charges, accepts or offers to accept (d) In the case of services related to cost optimisation, the fees may be
In respect of any professional employment
[NEW] Council has allowed contingent fees on other services
CLAUSE 11 : ENGAGES IN OTHER BUSINESS / OCCUPATION Owning agricultural land and carrying out agricultural activity
Engages in any business or occupation other than the profession of
chartered accountant unless permitted by the council so to engage Acting as Notary public, Justice of the peace, Special Executive Magistrate
Provided that nothing contained herein shall disentitle a chartered [NEW] Acting as Recovery consultant in the Banking Sector.
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inheritance/succession/partition of the family business.
He is not actively engaged in business, and
Any other business or occupation for which the executive committee con-
siders that permission may be granted.
evidencing above
CA.Sarthak Niraj Jain
Furnish a declaration in the prescribed format and the documents
Special Permission Note
A member in practice engaged as Karta of a HUF doing family business, will be “Relative”, means husband, wife, brother or sister or lineal ascendant or
within the limit prescribed by Council if he makes investments from the funds descendant
pertaining to HUF only, provided, he is not actively engaged in the manage- “Substantial interest” means holding 20% of voting power / 20% share of
ment of the said business.
Holdings to be at any time, during the relevant years
c.
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relatives hold substantial interest in that company (except MD/WTD)
No bar for a member to be a promoter / signatory to the Memorandum
Or a member not being his partner
d.
CA.Sarthak Niraj Jain
and Articles of Association of any company
A member in practice is permitted generally to be a Promoter/Promoter Director
Signature: Only an:
Eligible member; or
f. A person is deemed to be a MD or WTD if he is entrusted with the wholly or
substantially the whole of the management of the affairs of the company. Balance Sheet, P & L Account, or
Financial Statement, or
if the member and / or his partners and relatives hold substantial interest in Report
such a company. Section 26 of the Act Stipulates that no person other that a member of the
Clause prohibits any member in practice to engage in any other engage-
in professional capacity.
FAST
d. Initialing and stamping of vouchers & of schedules.
e. Acknowledging routine correspondence with clients. Accept / Agree + Commission / Gifts + Employer’s
FAST Both
Clause attracts even if staff makes an unauthorized disclosure? Yes
client refuse, auditor to make full reservation in his report and should not
associate himself with his return
Client Frauds Whether protection u/s 126 of Evidence Act available to CA?
No duty to inform about taxation frauds by client Immunity from disclosure afforded by section 126 of the Evidence Act, and
Under Section 126 of the Evidence Act, an advocate is barred from the extent of immunity involve niceties of law and expert legal advice.
disclosing, (except with the express consent) any communication made However, if it is not legally permissible to claim privilege under the Evidence Act,
in the course of and for the purpose of his employment as an advocate the disclosure made by a member may not be considered as a misconduct.
FAST
[NEW] Another CAiP. Thereby a CA can rely on the work of a Joint Au-
ditor or another auditor subject to such conditions & procedures being CLAUSE 4 : SUBSTANTIAL INTEREST (S.I.)
Assurance/Expression of opinion:
Includes - Excludes - Liquidator of a company
Audit of FS Engagements to perform agreed Internal Auditor for conducting statutory audit including Tax Audit, GST audit.
Audit of projected FS upon procedures Person maintaining books or internal controls of the entity
Audit of Special purpose FS Compilation of FS PT/FT Faculty of the institute, college etc.
Review of FS Management Consultancy Services Trustee in a Trust
Opinion on Internal Control Internal Audit Director in that company
Statutory Audits Liquidator, Arbitrator, Executor, etc.
Tax Audits
Concurrent Audit
FAST services
pany as well
-
(b)
the Companies Act, 2013 ; or
In any other case,—
FAST (ix)
ture as may be prescribed;
a person who has been convicted by a court of an
(i)
or member
CA.Sarthak Niraj Jain
the assessee himself or in case of , any partner offence involving fraud and a period of 10 years has
not elapsed
(ii) trust or institution, any person referred to in clauses (a), Explanation.— For the purposes of this section, “relative” in relation to an
(b), (c) and (cc) of sub-section (3) of section 13; individual, means—
(iii) the person who is competent to verify the return under section (a) spouse of the individual;
139 in accordance with the provisions of section 140; (b) brother or sister of the individual;
(iv) any relative of any of the persons referred to in subclauses (c) brother or sister of the spouse of the individual;
(i), (ii) and (iii); (d) any lineal ascendant or descendant of the individual;
(v) an (e) any lineal ascendant or descendant of the spouse of the individual;
(vi) an individual who is a partner, or who is in the employment, (f) spouse of a person referred to in clause (b), clause (c), clause (d)
or clause (e);
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cial statement which he is concerned in professional capacity Diagnosis: Identifying the appropriate clause
Incorrect opinion Knowingly Wrong Opinion
Known to CA
CA.Sarthak Niraj Jain
Diagnosis : Clause 5 & 6 : Substantial Interest Without Checking – Clause 2
Grossly Negligent Checking – Clause 7
Fails to Disclose – Clause 5
Fails to Report – Clause 6
Covers all assignments on FS not just audit Inadequate Checking – Clause 8
Clause 5 on failure to DISCLOSE
Clause 6 on failure to REPORT Type of Opinion:
-
CLAUSE 7 : DUE DILIGENCE / GROSSLY NEGILIGENT
Does not exercise due diligence or is grossly negligent in the conduct of
his professional duties T&F view with material but non-pervasive exceptions due to
limitations or misstatements
Adverse - No true and fair view on account of pervasive misstatements
[NEW] For detailed consideration of the subject, including illustrative formats The members may
of auditor’s report in different circumstances, the members may refer to SA note that UDIN is mandatory from 1st July, 2019 on all Corporate/ Non-
700(Revised), , SA 705(Revised) and SA 706(Revised). Corporate Audit, Attest and Assurance Functions.(Also refer Council
General Guidelines, 2008)
CLAUSE 9 : FAILS TO INVITE ATTENTION TO SAs (v) Standards on Auditing(SA):- Formulated in the context of an audit of
Fails to invite attention to any material departure from the generally ac- FSs by an independent auditor
cepted procedure of audit applicable to the circumstances (vi) Statements on Auditing :- Issued with a view to securing compliance by
professional accountants on matters which are critical to discharge -
Diagnosis: hence mandatory.
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to be spent whether to be deposited in separate bank account?
[Part of audit fees hence clause N.A.]
Regulation 46
Regulation 47
Registration of Articled Assistant
Premium from Articled Assistant
Defalcation of Money
CA.Sarthak Niraj Jain Chapter V
(Deleted Now)
- Maintenance of Books of Accounts
Maintain Cash Book and Ledger
positions in ICAI, etc. Chapter VI - Tax Audit Assignments u/s 44 AB of income tax Act
Clause 10 – Part 1 Schedule 2 - Client money defalcation by a CAiP will Maximum 60 audits per AY per partner who is a CAiP.
be covered under Clause 10, P1, S2 Including branch Audit.
Other Misconduct - Other than professional capacity defalcation. It does not include audits conducted under Section 44AD,
44ADA, 44AE and 44AF of the Income Tax Act, 1961
SCHEDULE II – PART III A CAiP shall maintain a record of the tax audit assign-
All members ments accepted by in each AY in the format as may be
Other Misconduct prescribed.
Chapter VIII -
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considered as “undisputed” audit fee. sues-related to tender
A member shall not respond to any tender - where areas of
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mandatory from the following dates: Network Firm : Means a that belongs to a network.
•
•
CA.Sarthak Niraj Jain
For all GST and Tax Audit Reports w.e.f. 1st April, 2019.
For all other Audit, Assurance and Attestation
(B) CONCEPT OF NETWORK
(1) Facts and circumstances : Whether these larger structures create a
functions network -It depends on particular facts and circumstances and not on
w.e.f. 1st July, 2019. (Also Refer Clause (12) Part-I
Schedule-I and Clause (9) Part-I Schedule-II) (2) Judgment : Whether a reasonable and informed third party would be
Chapter XV - Guidelines for Networking (Also refer Clause (7) Part-I, the entities are associated in such a way that a network exists.
Schedule-I - Point -Network Firms and Networking Guidelines) (3) Where the larger structure is aimed at
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(7) Common brand name : It includes common initials or a common name.
Note:- It may give the appearance that it belongs to a network if it makes
3. Limited Liability Partnership
Subject to the provision of CA
Sj’s note:-
fee payable
CA.Sarthak Niraj Jain 3 times of the Dispute settelment process
Devlopment of tranning materials
(3) Prescribed by regulatory authority: Issue of news letters
No member of network can accept appointment In place of retiring Development and maintenance of data base
auditor of network Appointment of a technical director
(4) Advertisment by network : Library etc.
May advertise as permitted by guidelines of Institute SJ’s note :- These clauses are illustrative.
May use “Network Firms” on their professional stationary
(5) Compliance of Ethical Standard : (K) REPEAL AND SAVING:
As prescribed by Council from time to time The erstwhile “Rules/Guidelines of Network” issued by the Institute
stands repealed from the date of commencement of these Guidelines.
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Chapter 3: COUNCIL GUIDELINES FOR ADVERTISEMENT, 2008
(Issued Pursuant to Clause (6) & (7) of Part I of the First Schedule) B.
chartered accountants.
Objective:
1.
CA.Sarthak Niraj Jain
The Member(s)/Firm(s) should ensure that the contents of the Write up
are true to the best of their knowledge and belief and are in conformity
Set up ethical standards for CAs, converge with the International
best practices on ethics, subject to local laws
with these Guidelines. Enhancing the quality and consistency of services and
Strengthening the in the profession.
(i) “write up” means the writing of particulars according to the in- C. Terms of Reference:
formation given in the Guidelines setting out services rendered by the To examine various issues concerning Code of Ethics
To establish standards for CAs for regulation and maintenance
- of status and standards
tronic mode or otherwise including in newspapers, journals, magazines To examine and advise on any ethical matters
and websites which include social Networking Websites. To review periodically and publish the revised Code of Ethics
To promote public awareness
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tion and consider the same before accepting the appointment.
(ii) Where an auditor, willing for reappointment has not been reap-
plainant, the Observations/ Comments of Incoming Auditor and
Auditee and the Audit Report of the Incoming Auditor to ensure
pointed, he shall
CA.Sarthak Niraj Jain
which he may have sent to the mgmt of the Co. for circulation
that the issues raised by the Complainant have been adequately
addressed to by the Incoming Auditor.
among the shareholders.
(iii) The ESB on a review of the communications referred to in above any person and legality of his appointment.
paras may call for such further information as it may require and (v) In case of any negligence by the Incoming Auditor the matter will
make a report to the Council in cases where it considers necessary. be referred to the Disciplinary Directorate of the Institute to treat
the same as ‘Information’.
(vi) It may be mentioned that so far as payment of undisputed fee of the
ESB (Board) has also been empowered to adopt the procedure narrated herein under:- Outgoing Auditor is concerned, the present position shall be maintained.
(i) On receipt of a complaint (vii) The Board shall have the right to issue interim order, in appropri-
non re-appointment due to alleged Board ate cases.
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Time director/Managing Director in Companies registered under Section 8
of Companies Act, 2013 provided his position is honorary and the Com-
(CISA) and Credit Appraiser of the same Bank; however, he should ensure
commercial
CA.Sarthak Niraj Jain
panies falls under the category of charitable, educational, or other non- 5. Member may hold credit card of the bank for which he is the auditor pro-
vided the amount of indebtness is not more than 10,000/-
33. Concurrent Audit and the assignment of (quarterly) limited review of the 6. Auditor can relinquish his concurrent audit assignment to accept statutory
same Bank cannot be undertaken simultaneously as the concurrent audit audit provided concurrent of that year has not commenced.
being a kind of internal audit and the quarterly limited review being a (2) Fees from a Single Client (COE 2020)
kind of statutory audit undertaken simultaneously are prohibited under
the provisions of Code of Ethics . on acceptance of more than 15% fees from a single client. There is only
It may however be noted that the Concurrent Auditor of a Branch requirement of disclosure, and taking safeguards prescribed therein, if the
of a Bank may be required to to the total gross annual professional fees from the audit client and its related
entities
be undertaken by the Concurrent auditor of the Bank.
FAST
been decided that the members may communicate with the Retiring Auditor vide
E-mail, provided an acknowledgement of such communication is received from 5.
The Chartered Accountants Act, 1949.
The names of other partners of the Chartered Accountants Firm cannot be
5.
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and to a proposed client if an enquiry was received from the proposed client.
It is not permissible for a member to mention himself as “GST Consultant”.
“Chartered Accountant”.
Refer Clause 7 Part-1 Schedule-1
6.
CA.Sarthak Niraj Jain
A member can share GST updates, mentioning himself as “CA” with
individual name, provided the communication is limited to providing
(12) Announcement on prohibition to undertake the assignment of audit and
accounting work together for the same entity.
updates. Mention of Firm name is not allowed. Refer Clause 4 Part-1 Schedule-2
7. A member can publish testimonials /appreciation letters received by him (13) Announcement on Ranking of CA Firms.
with regard to GST Training assignments on CA Firm website, but not on Providing ranks or providing information to entities providing ranks to CA
social media like Facebook, Linkedin etc. Firms is violative of Item 6 of Part-I of First Schedule to The Chartered Ac-
8. A member can provide GST Training to the existing clients. In case of non-clients, countants Act, 1949 . Additionally, it results in claiming superiority of one
training can be provided only if the member is invited to provide such training. -
9. GST services are part of professional services provided by a CA, and lines of the ICAI under Item 7 of Part –I of First Schedule to The Chartered
accordingly, its advertisement has to be in terms with the ICAI Accountants Act, 1949.
Advertisement Guidelines, 2008 only.
3.
the same Bank
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Refer Council General Guidelines, 2008
Direct Selling Agent
(DSA)- Ethical issues
2) He may verify credit card credential
3) He may provide services that are in the
4.
Tax Audit Assignments
CA.Sarthak Niraj Jain
The charging of fee by Recovery Con-
involved.
the nature of assurance services.
recovery consultant in sultant in Banking Sector on percentage Members are required to 4) He may provide services, which are
Banking Sector basis is not permissible as he cannot be keep in mind the aforesaid in the nature of Management Con-
(Now not applicable) equated to a receiver or liquidator under decision of the Committee sultancy & other Services and can
such circumstances. while acting as Direct perform all those services, which a
5. Refer Clause 2 of Part-1 Schedule-1 Selling Agent (DSA). Chartered Accountant can provide.
Fees with Government 8. Refer Clause 2 of Part-1 Schedule-1
transfer of Goodwill of
Chartered Accountant Firms
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This restriction may not apply in the following cases:
(i) where the accounting records of the branches are maintained at the
only requirement of disclosure , and taking safeguards prescribed therein,
if the total gross annual professional fees from the audit client and its
CA.Sarthak Niraj Jain related entities represent more than 15% of the total fees received by the
lakhs of rupees.
It may also be relevant to note that the rule applies ONLY where such
excluding articled and audit assistants, typists, peons and other persons not Fees is received from an AUDIT CLIENT.
engaged directly in such professional work.
FAST
FAQ 6. Whether a messaging application can be used by a member in
practice to send messages to make people aware about their new
FAQ 14. Whether a member in practice owning intellectual property rights of
domain names sell these domain names to some entity for earning
statutory auditor of one associate company when he is the internal A chartered accountant in practice shall be deemed to be guilty of professional mis-
auditor of another fellow associate company. Yes. conduct, if he—
referred to in item (2) of this Part; lished by law in India or recognised by the Central Government or a title indi-
(4) enters into partnership, in or outside India, with any person other than a cating membership of the Institute of Chartered Accountants of India or of any
chartered accountant in practice or such other person who is a member of other institution that has been recognised by the Central Government or may be
FAST
registered as a member under clause (v) of sub-section (1) of section 4 or
chartered accountant or who is not his partner or by means which are not open
to a chartered accountant, any professional business:
Provided that nothing herein contained shall be construed as prohibiting any it whether the requirements of section 225 of the Companies Act, 1956 (1 of
arrangement permitted in terms of items (2), (3) and (4) of this Part; 1956) in respect of such appointment have been duly complied with;
(6) solicits clients or professional work either directly or indirectly by circular, (10) charges or offers to charge, accepts or offers to accept in respect of any profes-
advertisement, personal communication or interview or by any other means:
(11) engages in any business or occupation other than the profession of chartered quirements asked for, by the Institute, Council or any of its Committees, Director
accountant unless permitted by the Council so to engage: (Discipline), Board of Discipline, Disciplinary Committee, Quality Review Board
Provided that nothing contained herein shall disentitle a chartered accountant or the Appellate Authority;
from being a director of a company (not being a managing director or a whole (3) while inviting professional work from another chartered accountant or while
time director) unless he or any of his partners is interested in such company responding to tenders or enquiries or while advertising through a write up or
as an auditor; anything as provided for in items (6) and (7) of Part I of this Schedule, gives
(12) allows a person not being a member of the Institute in practice, or a member information knowing it to be false.
- PART IV : Other misconduct in relation to members of the Institute generally
A member of the Institute, whether in practice or not, shall be deemed to be guilty of
PART II: Professional misconduct in relation to members of the Institute in service other misconduct, if he—
A member of the Institute (other than a member in practice) shall be deemed to be (1) is held guilty by any civil or criminal court for an offence which is punishable
person—
FAST with imprisonment for a term not exceeding six months;
(2) in the opinion of the Council, brings disrepute to the profession or the Institute
conduct, if he—
PART III : Professional misconduct in relation to members of the Institute generally (1) discloses information acquired in the course of his professional engagement to
A member of the Institute, whether in practice or not, shall be deemed to be guilty any person other than his client so engaging him, without the consent of his cli-
of professional misconduct, if he— ent or otherwise than as required by any law for the time being in force;
(1) not being a fellow of the Institute, acts as a fellow of the Institute; -
(2) does not supply the information called for, or does not comply with the re-
and the related records has been made by him or by a partner or an employee PART II : Professional misconduct in relation to members of the Institute generally
A member of the Institute, whether in practice or not, shall be deemed to be guilty of
professional misconduct, if he—
estimate of earnings contingent upon future transactions in a manner which (1) contravenes any of the provisions of this Act or the regulations made thereunder
may lead to the belief that he vouches for the accuracy of the forecast; or any guidelines issued by the Council;
-
mation acquired in the course of his employment except as and when required
(5) fails to disclose a material fact known to him which is not disclosed in a by any law for the time being in force or except as permitted by the employer;
(3) includes in any information, statement, return or form to be submitted to the
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statement with which he is concerned in a professional capacity;
any particulars knowing them to be false;
professional duties;
CA.Sarthak Niraj Jain
(7) does not exercise due diligence, or is grossly negligent in the conduct of his
PART III : Other misconduct in relation to members of the Institute generally
[1] Introduction & Scope [2] Some important facts about NOCLAR
Introduction- Non-compliance with laws and regulations (“non-compliance”) (a) During Course of Providing a Service :
comprises of acts of omission or commission, intentional or unintentional, NOCLAR will be applicable if a professional accountant encounters, or is made
which are contrary to the prevailing laws or regulations committed by: aware of, non-compliance or suspected non-compliance. He is not required to
a client/professional accountant’s employing organisation; investigate, nor responsible for ensuring compete compliance.
TCWG of a client or employing organisation;
management of a client/ employing organisation; or (b) Expertise of Laws not Required :
other individuals working for or under the direction of a client/ employing A professional accountant is expected to apply knowledge and expertise, and
organisation exercise professional judgment. However, he is not expected to have a level
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However, NOCLAR under Revised Code of Et8t address the personal
Scope- As per IESBA, following examples would be covered in NOCLAR:- Matters that are clearly inconsequential, or relating to personal misconduct
Fraud, corruption and bribery pertaining to business activities of the client not covered.
Securities markets and trading (d) Disclosure, which is Contrary to Law not Required:
As per IESBA Code, disclosure of the matter to an appropriate authority would
Data protection be precluded if doing so would be contrary to law or regulation.
Environmental protection
Public health and safety
Tax and pension liabilities and payments
(b) SA 250 talks of auditor’s NOCLAR, while being alike to SA 250 till > However, in the ICAI Code, as of now”
Responsibility responsibilities for laws this point, is further ahead of it in that it a Institute has restricted applicability of NOCLAR to Audits assignment
having direct effect & other takes into account non-compliance that
laws that do not have a of listed entities (in case of members in practice) and
causes substantial harm resulting in
direct effect on the b For the members in service applicability has been restricted to
determination of the
amounts and disclosures employees of listed entities only.
in the FSs, but compliance
with which may be fun-
damental to the operating
FAST [5] Responding to NOCLAR - Summary Chart
(c)
aspects of the business.
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This documentation is in addition to complying with the documentation