Recent Decisions of Ethical Standards Board of ICAI for Chartered Accountants

1. A chartered accountants in practice cannot become Financial Advisors and receive fees/commission from Financial Institutions such as Mutual Funds, Insurance Companies, NBFCs etc.
2. A chartered accountant cannot exercise lien over the client documents/records for non-payment of his fees.
3. It is not permissible for CA Firm to print its vision and values behind the visiting cards, it would result in solicitation and therefore would be violative of the provisions of Clause (6) of Part-I of First Schedule to the Chartered Accountants Act, 1949.
4. It is not permissible for chartered accountants in practice to take agencies of UTI, GIC or NSDL.
5. It is permissible for a member in practice to be a settler of a trust.
6. A member in practice cannot hold Customs Brokers Licence under section 146 of the Customs Act, 1962 read with Customs Brokers Licensing Regulations, 2013 in terms of the provisions of Code of Ethics
7. A Chartered accountant in service may appear as tax representative before tax authorities on behalf of his employer, but not on behalf of other employees of the employer.
8. A chartered accountant who is the statutory auditor of a bank cannot for the same financial year accept stock audit of the same branch of the bank or any of the branches of the same bank or sister concern of the bank, for the same financial year.
9. A CA Firm which has been appointed as the internal auditor of a PF Trust by a Government Company cannot be appointed as its Statutory Auditor.
10. A concurrent auditor of a bank ‘X’ cannot be appointed as statutory auditor of bank ‘Y’, which is sponsored by ‘X’.
11. A CA/CA Firm can act as the internal auditor of a company & statutory auditor of its employees PF Fund under the new Companies Act (2013).
12. The Ethical Standards Board while noting that there is requirement for a Director u/s 149(3) of the Companies Act, 2013 to reside in India for a minimum period of 182 days in the previous calendar year, decided that such a Director would be within the scope of Director Simplicitor (which is generally permitted as per ICAI norms) , if he is non –executive director, required in the Board Meetings only , and not paid any remuneration except for attending such Board Meetings.
13. Illustrative Formats of acceptance letters to be submitted by the incoming auditor u/s 139(1) of the Companies Act, 2013 (the formats are illustrative only and not mandatory)
14. Mentioning the firm as a “Knowledge Partner” or in the “Thank You” advertisement, is not permissible, however mention of name of an individual member with prefix/suffix “CA” as a “knowledge partner “ is permissible.
15. Permitting the use of firm name by client, mentioning the firm as a “Knowledge Partner” or in the “Thank You” advertisement, is not permissible.
16. Concurrent auditor of an entity cannot accept an assignment under ant statute.
17. A chartered accountant in practice may establish a TIN – FC, and may as well establish a TIN – FC under franchise from the other entity which is already a TIN – FC.
18. Quick Response Code (QR Code) may be printed on the visiting Card by a member in practice, provided that the Code does not contain information that is not otherwise permissible to be printed on a visiting Card.
19. A statutory auditor and tax auditor can not be valuer of the unquoted equity shares as it would create threats to independence of the auditor, which may not possibly be reduced by application of safeguards.
20. The use of banner with name of CA firm is not permissible in terms of provisions of Items 6 and 7 of Part –I of First Schedule to The Chartered Accountants Act, 1949.
21. Doing internship for company secretary by a CA in practice is akin to attending classes, which is in turn, is covered under Clause (5) of the ‘Permission granted generally’ of Appendix 9 of the Chartered Accountants, 1988, and as such, the same is permissible.
22. No communication under clause 8 of Part-I of Schedule-I to the Chartered Accountants Act, 1949 is required in case of death of the previous Auditor. However, the new auditor may be required to get a letter from the entity to confirm the factum of death of previous auditor.
23. It is not permissible for a member who has been Director of a Company, upon resignation from the Company to be appointed as an auditor of the said Company, and the cooling period for the same may be 2 years.
24. Images of non – personal items such as books etc. on the website of a CA Firm are not violative of website guidelines. As regard the use of images of people, the images of the people who are not the members of the firm are not permissible.
25. The use of ‘Dr.’ with the designation ‘CA’ may be left to the discretion of member (i.e. whether to use ‘CA’ first, or ‘Dr. First, or use ‘Dr.’ only before the name of the member).
26. CA. in practice can be a ‘Director Simplicitor’, which includes an independent director. The independent directors are part of the Board where the Accounts are approved, they being party to approval of financial statement. As such, there is no bar in their signing the financial statement. However, they can not be involved in the day to day affairs of the company.

Source http://esb.icai.org/