CA Final Professional Ethics Quick Summary copy
CA Final Professional Ethics Quick Summary copy
Clause No Content
THE FIRST SCHEDULE
Part I: Professional Misconduct in relation to CA in practice
1 Allows any person to practice in his name as a chartered accountant unless such person is also a chartered
accountant in practice and is in partnership with or employed by him
2 pays or allows or agrees to pay or allow, directly or indirectly, any share, commission or brokerage in the fees or
profits of his professional business, to any person other than:
- a member of the Institute or
- a partner or
- a retired partner or
- the legal representative of a deceased partner, or
- a member of any other professional body or
- with such other persons having such qualification as may be prescribed
for the purpose of rendering such professional services from time to time in or outside India.
3 accepts or agrees to accept any part of the profits of the professional work of a person who is not a member of
the Institute.
4 enters into partnership, in or outside India, with any person other than:
- Chartered Accountant in practice or
- such other person who is a member of any other professional body having such qualifications as may be
prescribed,
- including a resident who but for his residence abroad would be entitled to be registered as a member under
clause (v) of sub section (1) of section 4 or whose qualifications are recognized by the Central Government or the
Council for the purpose of permitting such partnerships.
5 Secures either through the services of a person who is not an employee of such 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 agreement permitted in terms of item
(2), (3) and (4) of this part.
6 Solicits clients or professional work either directly or indirectly by circular, advertisement, personal
communication or interview or by any other means.
Provided that a member in practice may advertise through a write up, setting out the service provided by him or
his firm and particulars of his firm subject to such guidelines as may be issued by the Council.
8 accepts a position as auditor previously held by another chartered accountant or a certified auditor who has been
issued certificate under the Restricted Certificate Rules, 1932 without first communicating with him in writing
9 accepts an appointment as auditor of a company without first ascertaining from it whether the requirements of
Section 225 of the Companies Act, 1956 (1 of 1956), in respect of such appointment have been duly complied
with
10 Charges or offers to charge, accepts or offers to accept in respect of any professional employment fees which are
based on a percentage of profits or which are contingent upon the findings, or results of such employment, except
as permitted under any regulations made under this Act.
11 Engages in any business or occupation other than the profession of chartered accountant unless permitted by the
Council so to engage.
Provided that nothing contained herein shall disentitle a chartered accountant from being a director of a company
(Not being managing director or a whole time director) unless he or any of his partners is interested in such
company as an auditor.
12 Allows a person not being a member of the institute in practice or a member not being his partner to sign on his
behalf or on behalf of his firm, any balance sheet, profit and loss account, report or financial statements
Part II: Professional Misconduct in relation to members of institute in service
1 pays or allows or agrees to pay directly or indirectly to any person any share in the emoluments of the
employment undertaken by him
2 accepts or agrees to accept any part of fees, profits or gains from a lawyer, a chartered accountant or broker
engaged by such company, firm or person or agent or customer of such company, firm or person by way of
commission or gratification.
Part III: Professional Misconduct in relation to members of institute generally
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 requirements asked for, by the Institute,
Council or any of its Committees, Director (Discipline), Board of Discipline, Disciplinary Committee, Quality Review
Board or the Appellate Authority
3 while inviting professional work from another chartered accountant or while responding to tenders or enquiries or
while advertising through a write up, or anything as provided for in items (6) and (7) of Part I of this Schedule,
gives information knowing it to be false
Part IV: Other misconduct in relation to members of the Institute Generally
1 is held guilty by any civil or criminal court for an offence which is punishable with imprisonment for a term not
exceeding six months.
2 in the opinion of the Council, brings disrepute to the profession or the Institute as a result of his action whether or
not related to his professional work.
THE SECOND SCHEDULE
Part I: Professional Misconduct in relation to CA in practice
1 Discloses Information acquired in the course of his professional engagement to any person other than his client so
engaging him without the consent of his client or otherwise than as required by any law for the time being in
force.
2 Certifies or submits in his name or in the name of his firm, a report of an examination of financial statements
unless the examination of such statements and the related records has been made by him or by
a partner or an employee in his firm or by another chartered accountant in practice.
3 Permits his name or the name of his firm to be used in connection with an estimate of earnings contingent upon
future transactions in manner which may lead to the belief that he vouches for the accuracy of the forecast
4 Expresses his opinion on financial statements of any business or enterprise in which he, his firm, or a partner in
his firm has a substantial interest.
5 fails to disclose a material fact known to him which is not disclosed in a financial statement, but disclosure of
which is necessary in making such financial statement where he is concerned with that financial statement in a
professional capacity.
6 Fails to report a material misstatement known to him to appear in a financial statement with which he is
concerned in a professional capacity.
7 does not exercise due diligence, or is grossly negligent in the conduct of his professional duties
8 Fails to obtain sufficient information which is necessary for expression of an opinion, or its exceptions are
sufficiently material to negate the expression of an opinion.
9 Fails to invite attention to any material departure from the generally accepted procedure of audit applicable to the
circumstances
10 fails to keep moneys of his client other than fees or remuneration or money meant to be expended in a separate
banking account or to use such moneys for purposes for which they are intended within a reasonable time.
Part II: Professional Misconduct in relation to Chartered Accountant in Generally
1 Contravenes any of the provisions of this Act or the regulations made there under or any guidelines issued by the
Council
2 being an employee of any company, firm or person, discloses confidential information acquired in the course of his
employment except as and when required 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 Institute, Council or any of its
Committees, Director (Discipline), Board of Discipline. Disciplinary Committee, Quality Review Board or the
Appellate Authority any particulars knowing them to be false
4 Defalcates/embezzles money received in his professional capacity
Part III: Other misconduct in relation to members of the Institute in Generally
1 A member of the Institute, whether in practice or not, shall be deemed to be guilty of other misconduct, if he is
held guilty by any civil or criminal court for an offence which is punishable with imprisonment for
a term exceeding six months