Quick Insights Book
Quick Insights Book
Quick Insights Book
on Professional Opportunities
for Chartered Accountants
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any
form, or by any means, electronic mechanical, photocopying, recording, or otherwise, without prior permission, in writing,
from the publisher.
E-mail : [email protected]
Website : www.icai.org
Published by
Foreword
Indian accountancy profession has grown multi-fold creating
landmarks. Domain of accountancy professionals has also
broadened, spreading the identity of ICAI within and beyond our
national premises. ICAI is relentlessly engaged with the policies
and initiatives of the Government with utmost diligence and
have made effective contribution to them, which mainly included
the implementation of Goods and Services Tax (GST), Indian
Accounting Standards (converged with IFRSs), and Insolvency
and Bankruptcy Code. Through its institutional endeavours
and the contribution of its membership, ICAI has been actively
carrying out its responsibilities in various sectors of economy.
Message
Today, in the changing investment climate, India offers exciting
business opportunities in virtually every sector of the economy
and the Institute is making all efforts to explore and exploit all
available and potential opportunities whereby newer avenues for
professional development and growth may be assured for the
Institute’s members.
Preface
Professional Development Committee (PDC) a non-standing committee set up by ICAI is exclusively
dedicated to the cause of exploring, developing and facilitating opportunities for the Indian Chartered
Accountants in various sectors of Business, Trade, Commerce, Services, Infrastructure & Governance
etc. Its aim is to ensure that such opportunities remain available equitably to all Chartered Accountants
depending on their professional abilities and attributes.
Recently it has been witnessed various trending areas where Professional Opportunities are emerging
which include RERA, Ind AS, Companies Act, 2013, Artificial Intelligence, Blockchain, Cyber Security and
Data Analytics (ABCD of Technology), Robotics Process Automation,
GST, Insolvency & Bankruptcy Code 2016, Registered Valuers, Forensic Audit, International Taxation, World
Bank Projects and many more and on the other hand the total no of Practising Chartered Accountant
are only 1,25,000 out of the Strong Membership of ICAI of approx. 3,00,000 Members. Moreover Indian
Economy is bound to grow to the level of 5 Trillion Dollars in next 5-7 Years from presently 2.6 Trillion
Dollar.
It was also felt that there are many emerging avenues and empanelment opportunities available for
Chartered Accountants but many of them are not aware. With an aim to provide heightened focus on
number of such available avenues and important contact links, the Professional Development Committee
has brought “Quick Insights on Professional Opportunities for Chartered Accountants” which will be very
helpful to all Practising Members to know the emerging areas of practice at one place for their ready
reference.
We are thankful to all the members of PDC Group constituted at Kolkata for their valuable contribution (CA.
Krishanu Bhattacharya, CA. P. D. Rungta, CA. Joy Debnath, CA. Neha Agarwal, CA. H. K. Verma,
CA. Pankaj Verma, CA. Kamal Bagrodia, CA. Partha Ray, CA. Rajkumar Kothari, CA. Sanjit Kumar
Burman, CA. Sanjeeb Kumar Agarwal & CA. Rishi Khator) for bringing out such a crisp Publication.
We also place on record our special thanks to CA. Rakesh Singhi and CA. Sarang Juthani for their
contribution in research and compilation of the Publication.
We also express our sincere thanks to CA. Naveen N. D. Gupta, President, ICAI and CA. Prafulla P.
Chhajed, Vice-President, ICAI under whose vision and guidance we have been privileged to contribute in
the activities of the Committee. Further we also thank all the members of PD Committee for their untiring
support.
We would also like to place on record the hard work done by PDC Secretariat led by
Ms. Seema Gerotra, Secretary, PDC and her team in bringing out this Publication.
Contents
Foreword iii
Preface vii
Introduction 1
1. History of Accountancy 5
3. Insolvency Professional 8
4. Registered Valuer 11
6. Information Technology 17
7. Direct Taxation 26
8. International Taxation 34
10. Arbitration 42
Organizations 116
ABOUT ICAI
The Institute of Chartered Accountants of India (ICAI) is a
statutory body established by an Act of Parliament, viz., The
Chartered Accountants Act, 1949 (Act No. XXXVIII of 1949)
for regulating the profession of Chartered Accountancy in the
country. ICAI is the one amongst accountancy bodies in the
world, with a strong tradition of service to the Indian economy
in public interest. Over a period of time, ICAI has achieved
recognition as a premier accounting body not only in the country
but also globally, for maintaining highest standards in technical,
ethical areas and for sustaining stringent examination and
education standards. Since 1949, the Chartered Accountancy
profession in India has grown leaps and bounds in terms of:
Concerns Related To Tendering For Audit Services for reviewing the internal control, inspection and audit
system in banks and to enquire into various aspects of
A meeting was held with Shri K. V. Chowdary, Chief frauds and malpractices being very old required a review.
Vigilance Commissioner on 29th May, 2018 to discuss Accordingly, the reports for recommendation to RBI have
various concerns and suggestions of ICAI related to been finalized.
tendering process. During the meeting, it was expressed
that the present practice of evaluating tenders for
(b) Concurrent Audit Report
awarding the work for professional services (audit
service) is on the Least Cost Selection (LCS) System. It To submit the concrete proposal defining the scope,
was expressed that the lowest cost does not guarantee reporting formats etc. and to strengthen the Concurred
the requisite level of quality of the work assigned and Audit the report has been finalized for submission to
was suggested that the process of selection requires RBI.
modifications especially for hiring the professional
services keeping evaluation criteria on Quality Control ABOUT PUBLICATION
Based Selection.
Chartered Accountants may start professional practice as a
High Court Order on Tender Guidelines: To monitor proprietor or join any existing firm as a partner or paid assistant.
the tendering system for attest functions, Council had A Chartered Accountant has been entrusted with substantial
issued a notification dated 7th April, 2016 which states responsibility under various legislations such as compulsory
that a member of the Institute in practice shall not audit of the accounts of all companies, banks, cooperative
respond to any tender issued by an organization or user societies, stock brokers, big income-tax assessees, large
of professional services in areas of services which are bank borrowers, etc. A Chartered Accountant also provides
exclusively reserved for chartered accountants where compilation and review services as and when required by
minimum fee of the assignment is not prescribed. enterprises. While practising as an independent professional,
Recently, Punjab and Chandigarh High Court in a a Chartered Accountant also acts as a business advisor
petition filed against the Punjab State Cooperative by providing all kinds of services including the preparation
Supply& Marketing Federation Limited (MARKFED of financial reports, helping the business to secure loans,
Punjab) directed the MARKFED “any tender process preparing financial projections showing how the loans will be
for availing services which are exclusively reserved for repaid, and determining the viability of business. As a tax
Chartered Accountants such as audit and attestation advisor, Chartered Accountant helps business and individuals
services would ensure compliance of the Notification to comply with tax laws and represent his clients before
dated 07.04.2016 issued by the Institute of Chartered government agencies.
Accountants of India and the tender notice to be issued
in the future would be construed as valid only if it falls IN GLOBAL SCENARIO
within the exception carved out in the Notification itself.”
Today, the Indian Chartered Accountancy qualification is
Concurrent Audit In State Bank of India (SBI) well recognised in many countries as Indian Chartered
Accountants are taking up attractive global careers. Indian
Concurrent Audit in State Bank of India (SBI) to be done by CAs are highly sought because of their skill sets and high
Chartered Accountants as was being done by the retired/bank quality of education. The opportunities are simply ever
employees in the past. increasing. Today, huge opportunities are available for
professionals with specialized knowledge and skills sought
Mutual Fund Audit by MEF Panel by Securities and by global organizations. These include areas of globally
Exchange Board of India (SEBI) accepted financial reporting, national and international taxation,
finance and corporate law. The knowledge of local laws and
This year, for the first time, Securities and Exchange Board
regulations, of course, places Chartered Accountants in a
of India (SEBI) sought panel of Chartered Accountant firms/
stronger position to supply services to global organizations
LLPs from ICAI for inspection of mutual funds brokers
entering the Indian Market.
wherein SEBI will be is paying the Audit Fees to the Auditors
itself. This Publication is an endeavour to jot down the emerging
opportunities available to Chartered Accountants which
Reports Finalized for Recommendation to Reserve they can avail as per their interest for their professional
Bank of India (RBI) growth.
1999
The origin of accountancy can be traced to the pre-Vedic
History of period. The existence of accountancy dates back to 1857
when the first Company legislation came into existence in
Volume I
The History of the Accountancy Profession in India, –
Volume I authored by Shri Gopaldas P. Kapadia, the father
of the Chartered Accountancy profession was released at
the 24th Annual Meeting of the Council of the Institute on
14th September 1973. Hon’ble Shri H. R. Gokhale, the then
Minister of Law, was the Chief Guest at this function. The In this sequel Volume-III, we landscape the next phase of the
Volume I captured the real insight into the emergence of glorious history of the Institute of Chartered Accountants of
accountancy profession in India and it can be stated that India post-1999, incorporating the select milestones, significant
the era from 1949-1972 were the formative years for the decisions and remarkable events that have helped shape the
Institute. The country was also on a path of resurrecting the Chartered Accountancy profession in India.
economy with foundation of a socialist democratic republic post
Decisions and events reflecting the incisive astuteness of the
independence era. During this period, the membership of the
successive Councils have been instrumental in building a strong
Institute had increased from 1,685 to over 12,000. The student
foundation and preserving the autonomy of the accountancy
population had also grown from about 250 to over 4,000.
profession in India bestowed on it by Indian Parliament.
Ever since Parliament and the founding fathers of the nation
Volume II
bestowed their trust on Indian Chartered Accountants in a
History of Accountancy Profession in India – Volume II, being broader national interest, the accountancy profession has
the sequel to the first edition namely Volume I continued and constantly been evolving and so has been the Parliamentary
captured from what has been stated in the first volume, picking Act governing the profession. Keeping the national and social
up the thread from the pre-1972 developments. Volume II dealt interests in mind in tune with the times, the Act has further
with all major events that took place during the period 1973- undergone changes many a time, after careful deliberations and
1999. The period from 1973 to 1999, was the epoch of financial debates in Parliament.
reforms and economic diversification starting in nineties era
One of the epithets applied to the Institute of Chartered
and was considered as the time during which the activities of
Accountants of India is Partner-in-Nation-Building. This is an
the Institute expanded in line with changing expectations. The
exceptional depiction of the contribution of the profession of
changing world trade scenario and increasing globalization
accountancy to the world. Regarded as the backbone of Indian
imposed much more responsibility on the professionals and
financial system, ICAI continues to grow pan India and across
raised the bar of rectitude and professional excellence. The
the globe; number of members and students apart, the real
membership crossed the figure of 95,000 and the students
stature has been its role as the key player in sustaining the
serving articles/ audit clerks to about 70,000.
economic momentum and vibrancy.
Indian accountancy profession constantly evolved according to
The Institute has also played a momentous role in providing
the changing needs of the dynamic environment. The Institute
policy inputs to the Government in the areas of fiscal reforms,
has always ensured and continues to ensure that the education
financial sector reforms, public finance and economic
and training of students was corresponding with the national as
and commercial laws. The Institute continues to enjoy a
well as global requirements. During this period, the entire effort
laudable repute with various Government and regulatory
of the Institute was to ensure that its members professional
authorities and is time and again called upon to share its
work commands due recognition in the society. Today, a
expertise, experience and expectations on the matters arising
member of the institute is able to command respect in the
out of fiscal prudence, governance and alike. Also, noteworthy
society because his motto is “Pride of Service in preference to
is that on most of such occasions, the Institute’s viewpoints
Personal Gain”. He is expected to place public good above his
have not only been appreciated, but have also been largely
personal gains and act in public interest.
accepted.
Total
Members
2,73,083
ACA FCA
1,79,558 93,525
The total registered firm with ICAI as on 1st January, 2019 is 75,489 Firms. The bifurcation is
given in the Chart below.
Count of Firms
52913
1 Total Proprietorship Firm - 52913
2 - 5 PARTNERS - 20506
6 - 10 PARTNERS - 1744
11 - 15 PARTNERS - 235
16 - 20 PARTNERS - 48
21 - 30 PARTNERS - 27
31 - 50 PARTNERS - 7
20506
51 & ABOVE PARTNERS - 9
1744
Total - 75489
9
7 27 48 235
Insolvency Regulator
Insolvency Professional
Information Utility
Provide data rooms, get due diligence organised, Assisting IP in preparing for pre-CIRP preparation.
evaluate Resolution Proposals,
Reviewing the various risks involved in restructuring.
Meet with the Creditors in CoC apart from attempting to
evolve a consensus on resolution proposals, etc. Developing risk mitigation strategies.
The Government has provided a mechanism in the Code Working out a detailed bankable financial structure of
for resolving Insolvency and Bankruptcy through Insolvency the business.
Professionals subject to the supervision and control of the
Adjudicating Authority and regulation by Insolvency Bankruptcy Working out a detailed plan for restructuring the business
Board of India (IBBI) and Insolvency Professional Agency (IPA). from all angles.
Only a Registered IP can act as Resolution Professional or
Trustee and Liquidators under the Companies Act, as well as Assessment of distressed assets, cash position, due
under the Code. For the purpose of the quality of the services diligence and turnaround feasibility.
required to carry on the business of debtors as an on-going
concern and to maximise the value of the corporate debtor, the Advice on optimum utilisation of resources.
entry norms for the IPs are strict, requiring professional standing
for not less than 10 years for CA/CS/CWA & Advocates and Corporate Applicant Insolvency.
15 years for candidates from the Management Stream, subject
to passing of an examination and completing a 50-hour Pre- Assessing Cross Border Insolvency transactions.
Registration Course.
Representation before the Debt Recovery Tribunals
The IP occupies a pivotal position and acts as an intermediary – particularly after notification of individual/firm
between the debtor/creditors on the one hand and the bankruptcies.
Adjudicating Authority on the other hand and functions under
Representation before the NCLT or NCLAT, High Courts
the watchful eyes of the Agency and the Board. Newspapers
or Supreme Court.
have recently been replete with references to the Insolvency
Law and the role of IPs. It will be interesting to see how, going
Negotiating settlements.
forward, its implementation impacts the strategic opportunity
matrix for existing and new entrepreneurs, while throwing up
Advisory in relation to a merger or acquisition or
new areas of business and management opportunities.
takeover.
1200
103
1000
800
600 1189
452
400
66
272
200 386 11
137 137
261
10 13
127 124
0
Member of The Institute of Member of The Institute of Member of The Institute of Member of Bar Council Managerial Experience
Chartered Accountants of Company Secretaries of Cost Accountants of India
India India
Important Links
• Members may refer http://www.iiipicai.in/index.php for registration as an insolvency professional
• ICAI Publication on Frequently Asked Questions (FAQs) on the Insolvency and Bankruptcy Code, 2016 at
https://resource.cdn.icai.org/45164clcgc35208.pdf
• ICAI Publication on Judicial Pronouncements under Insolvency and Bankruptcy Code, 2016 at
https://resource.cdn.icai.org/51444clcgc41180.pdf
• Insolvency and Bankruptcy Board of India https://ibbi.gov.in/
• INSOL India http://insolindia.com/
• The Institute of Chartered Accountants in England and Wales (ICAEW). https://www.icaew.com/
Registered
Affai rs (MC A ) have al so opened a new domain f or
professionals called Registered Valuers.
Va l u a t i o n i s r e q u i r e d i n m a n y c o n t e x t s i n c l u d i n g
investment analysis, capital budgeting, merger and
acquisition transactions, financial reporting, taxable
e v e n t s t o d e t e r m i n e t h e p r o p e r t a x l i a b i l i t y, a n d i n
litigation.
The Valuation Standards that have been issued by ICAI Some of the important roles of ICAI RVO are as follows-
will help the members in maintaining the consistency in
issuing the Valuation reports. These Standards will also ensure compliance with the Companies Act, 2013
help in providing appropriate content and disclosures in and rules, regulations and guidelines issued
the valuation report. thereunder governing the conduct of registered
valuers organisation and registered valuers;
These standards come as ICAI’s consistent drive to guide
its members for ensuring high quality work and standards. employ fair, reasonable, just, and non-discriminatory
practices for the enrolment and regulation of its
The last few decades have witnessed amazing strides in members;
the scope of our profession. We have seen a paradigm
be accountable to the authority in relation to all
shift in the range of services rendered by Chartered
bye-laws and directions issued to its members;
Accountants. It has occurred due to widespread changes
in the macro-economic scenario, regulatory and legal
develop the profession of registered valuers;
environment and prevalent industry practices. With the
growing role of Companies Act, 2013, Insolvency and
promote continuous professional development of its
Bankruptcy Code, 2016, SEBI in controlling the financial members;
market, the subject of Valuation has gained considerable
importance. continuously improve upon its internal regulations
and guidelines to ensure that high standards of
INSTITUTIONAL SET UP UNDER THE professional and ethical conduct are maintained by
COMPANIES (REGISTERED VALUERS AND its members; and
VALUATION) RULES, 2017
provide information about its activities to the
Authority, i.e., The Insolvency and Bankruptcy authority.
Board of India
IBBI has notified the syllabus and mandated a 50 hours
Registered Valuers Organisation training by the Registered Valuers Organisation which is
a precondition to take examination to become Registered
Registered Valuers valuer.
250
Registered Valuers Organisation
234
11
200
27
150
100 86
196
0 72
41
33
0 0 5 36 19
50
0 86
17 12 24
21
1 17 0 9 4 53
5
20 0 0 3 0
0 0 0 0 0 0 0
Land & Building Plant & Machinery Securities or Financial Assets Total
Courses offered
ICAI RVO conducts 50 hours Educational Course as specified by the Insolvency and Bankruptcy Board of India to be eligible to
take examination to become Registered Valuer on enrolment with RVO and registration with IBBI after clearing the examination,
for details, please visit http://www.icairvo.in/courses/50-hrs-training/
Important Links
• Visit ICAI Registered Valuers Organisation(RVO) at http://www.icairvo.in/
• Visit the website of Insolvency and Bankruptcy Board of India, at https://ibbi.gov.in/registered-valuers.html
value has not been correctly declared or the credit Optimisation of taxes
availed is not within the normal limits, he may, with
Engage in study of selling and distribution patterns /
the prior approval of the Commissioner, direct such
chains
registered person by a communication in writing to
get his records including books of account examined Impact analysis
and audited by a Chartered Accountant as may be
nominated by the Commissioner. Purchase/Sales patterns
Investment Funds, and number of strategic Large Corporates & Listed Entities – UAE Large
entities to support financial structuring. Corporates are going through the change on account
of tax regime, stringent procedures to comply for
(iii) Dubai Multi Commodities Centre (DMCC),
Commercial Companies Law, Securities and Commodities
is established to enhance commodity trade
Authority (SCA) compliance, and fund management.
flows through Dubai, with 15,000 + registered
Trained Financial professionals, with effective skills
companies. This commodity trade accounts
are in demand to take positions in accounts, finance,
for world’s leading physical gold markets and
administrative, compliance & leadership roles in the
diamond trading hubs, accounting for US$ 75
organisations listed with Dubai Financial Market (DFM),
billion annually combined & The Tea Centre
Abu Dhabi Securities Exchange (ADX) and Nasdaq
handles 53 million kilos of tea a year.
Dubai.
Courses offered
Certificate Course on GST visit http://idtc.icai.org/about-certificate-course.html
E-learning on GST Law including annual return & GST Audit, please visit http://idtc.icai.org/e-learning.html
Important Links
• For details of e-Learning on UAE VAT, please visit, http://idtc.icai.org/elearning-uaevat-subscribe.html
• For Background Material on UAE VAT, please visit
http://idtc-icai.s3.amazonaws.com/download/pdf18/BGM_on_UAE_VAT_01-07-18.pdf
• For updated information on initiatives taken by ICAI on Dubai VAT, members may visit Dubai Chapter at https://icaidubai.org/
• For publications related to GST, members may visit http://idtc.icai.org/publications
Information ARTIFICIAL
INTELLIGENCE
Technology
Artificial Intelligence (AI) is a disruptive technology which
would transform the auditing methodology and processes.
Organisations are generating and collecting large amounts of
data on a continuous basis, from points of sale, to shipment
tracking information, as well as inventory counts in real
time. In addition, information from exogenous sources, in
the form of social media and news feed to name a few, is
readily accessible and available for analysis. It is, in fact, the
application of AI to this type of Big Data that is expected to
take the auditing profession a step forward. With such large
databases, traditional audit procedures become less effective
and efficient, which necessitates a rethinking of the way audits
are conducted. Further, adoption of AI enabled tools could be
attributed to the ability to remove repetitive and time-consuming
tasks, thereby investing more time for important processes like
planning, strategy, forecasting and creative problem solving.
Chartered Accountancy Profession should examine how their
role would change with process automation, and harvest its
potential to make auditing more effective, smarter, and easier.
BLOCKCHAIN
profession to expand its scope to record more types of activity and independent third party may be needed to provide
than before, and to drill down closer to the economicreality assurance as to the effectiveness of controls over a
under pinning the transactions recorded. Chartered Accountants, private Blockchain.
with unique blend of technical and business knowledge, should
(c) Central Access Granting Administrator: Permissioned
seize the opportunity to take a lead on how blockchain is
Blockchain solutions may benefit from a trusted,
embedded and used in the future, and to help organisations
independent and unbiased third party to perform the
develop blockchain-led solutions and services. Further, they
functions of a central access-granting administrator.
can also advise organisations which are considering the option
This function could be responsible for verification of
to join blockchain with an overall view of cost and benefits
identity or a further vetting process to be completed
involved. Chartered accountants should upskill and prepare for
by a participant before they are granted access to a
an important professional opportunity of audit of smart contract.
Blockchain. This central administrator could validate the
enforcement and monitoring of Blockchain’s protocols.
FUTURE ROLES OF CHARTERED ACCOUNTANTS
If this function is performed by a user/node of the
IN BLOCKCHAIN ECOSYSTEM
Blockchain, then an undue advantage could exist and
Following is list of potential new roles for Chartered Accountants trust among consortium members could be weakened.
in Blockchain landscape, which is illustrative only and not all- Since this role would be designed to create trust for the
inclusive: Blockchain as a whole, due care will be needed when
establishing both its function and its legal responsibilities.
(a) Audit of Smart Contacts: Contracting parties may want As a trusted professional, professional accountant is
to engage an assurance provider to verify that smart capable of carrying out this responsibility.
contracts are implemented with the correct business
logic. Professional Accountants could verify the interface (d) Arbitration Function Business arrangements can be
between smart contracts and external data sources complex and result in disputes between even the most
that trigger business events. Without an independent well-intentioned parties. For a permissioned Blockchain,
evaluation, users of Blockchain technologies face the an arbitration function might be needed in the future
risk of unidentified errors or vulnerabilities. To take on to settle disputes among the consortium Blockchain
this new role, professional accountants may need a new participants. This function is analogous to the executor
skill set, including understanding technical programming of an estate, a role typically filled by various qualified
language and Blockchain functionality. In the context professionals, including professional accountants.
of a financial statement audit, management will be Participants on the Blockchain may require this type
responsible for establishing controls to verify whether of function to enforce contract terms where the spirit
the smart-contract source code is consistent with of the smart contract departs from a legal document,
the intended business logic. Professional Accountant contractual agreement or letter.
auditing an entity with smart contracts/Blockchain is
likely to consider management’s controls over the smart
contract code. Many companies may choose to reuse
smart contracts built by other entities already active on CLOUD
a Blockchain. Future auditing standards and auditing COMPUTING
guidance may need to contemplate this technology
and thereby bring clarity to the role of the professional
accountants in those scenarios. Cloud Computing has become a critical part of IT landscape
for increasing capabilities and reducing cost, leading to
(b) Service Auditor of Consortium Blockchain: Prior to
organisations moving more business processes to the cloud by
launching a new application on an existing Blockchain
various organisations. The advantage of the cloud is evidenced
platform or leveraging/subscribing to an existing
by the ever increasing flow of data entering the cloud each
Blockchain product, users of the system may desire
day. However, as in the case of Internet of Things (IoT), a
independent assurance as to the stability and robustness
growing reliance on cloud computing and data is stimulating
of its architecture. Instead of each participant performing
fears over security, privacy, movement and ownership of user
their own due diligence, it may be more efficient to
assign this task to a Professional Accountant to achieve data. Cloud accounting software have been a growing trend
these objectives. Critical Blockchain elements (e.g., in business and practice for many years, helping firms and
cryptographic key management) should be designed to their clients to access and share information. This positions
include sophisticated General Information Technology accountants to make the most of the cloudbased resources
Controls (GITCs) that provide ongoing protection for such as servers, storage, processing and other services, which
sensitive information, as well as processing controls are becoming increasingly common place. Increased usage of
over security, availability, processing integrity, privacy cloud accounting will facilitate use of real-time data and more
and confidentiality. On an ongoing basis, a trusted in depth analytics.
MIS reporting,
ROBOTIC PROCESS AUTOMATION
For managed services for a client
Robotic Process Automation (RPA) combines artificial
intelligence, including machine learning and machine vision, Under Information Technology, various Audits and Reviews are
with automation. Robotic Process Automation is not a physical to be undertaken by the Chartered Accountants:
robot sitting at a desk performing tasks. Since RPA has great
Financial Audits or Reviews
potential to transform the audit profession and change the role
of the auditor by replacing perfunctory tasks and emphasizing Operational Audits
higher order thinking skills, it is paramount to have a plan of
Department Reviews
action that will ensure a smooth transition.
Information Systems Audits
In essence, the role of the auditor would be repurposed and
changed from being a data collector, processor, analyser, and Integrated Audits
disseminator to primarily emphasizing the evaluation component
of audit procedures. Auditing of Robotic Process Automation Investigative Audits or Reviews
requires auditor to–
Information Security
Understand the governance process of RPA;
Business continuity management
Reviewing of process of identification of need, areas to
Mobile
be automated, KPI for automation and process of RPA
tool implementation; Cloud
The auditor would also have to perform analytical procedures as Involves a review of the development of a new application
per SA 520. Apart from using ratio analysis the auditor can also system. This involves an evaluation of the development process
use common statistical methods supported by spreadsheets and as well as the product. Consideration is also given to the
statistical software. general controls over a new application, particularly if a new
operating environment or technical platform will be used.
Presentations to the Audit Committee and the BOD can be done
using presentation software and animation software.
Integrated Audit
Operational Audit This is a combination of an operational audit, department
review, and IS audit application controls review. This type
An operational audit is a systematic and independent evaluation of review allows for a very comprehensive examination of a
of organizational activities. Financial data may be used, but functional operation within the organisation. The manual and
the primary sources of evidence are the operational policies the IS/IT audit techniques are integrated into the audit
and achievements related to organizational objectives. Internal methodology.
controls and efficiencies may be evaluated during this type of
review. Investigative Audit
Trends and compliances to policies can be established by using This is an audit that takes place as a result of a report of
data visualization and business graphic software. Real-time unusual or suspicious activity on the part of an individual or
monitoring is also possible by embedding an audit module to a department. It is usually focused on specific aspects of the
process the data on the fly. These audits are predominant in the work of a department or individual. Forensic techniques have
public enterprises and where PE funds and Angel investors are to be deployed and the IT/IS systems secured to preventive
monitoring the business on a day-to-day basis. tampering with data and evidence.
A current period analysis of administrative functions, to evaluate Information security program assessment evaluates the
the adequacy of controls, safeguarding of assets, efficient use organization’s information security program, including strategy,
of resources, compliance with related laws, regulations and awareness and training, vulnerability assessments, predictive
policies and integrity of financial information. threat models, monitoring, detection and response, technologies
and reporting.
These audits require the knowledge of GRC (Governance,
Risk and Compliance) software and the ability to identify and Audit Considerations
interpret alerts and suggest remediation measures. Statistical
tools can also be used to assess the seriousness of the non- How comprehensive is the existing information
compliance. security program?
How are lost and stolen devices managed? Cloud Security And Privacy Review
What vulnerabilities exist, and how are they Assesses the information security practices and procedures
managed? of the cloud provider. This may be a review of their SSAE
16/402/3502 report(s), a review of their security SLAs and/or
Mobile Application Black Box Assessment an onsite vendor audit.
Performs audit using different front-end testing strategies, that Determines whether IT management worked to
is, scan for vulnerabilities using various tools, and manually negotiate security requirements into their contract with the
verify scan results. Attempts to exploit the vulnerabilities provider.
identified in mobile web apps.
Review procedures for periodic security assessments of Does the IT risk program cover all of IT including
the cloud provider(s), and determine what internal security shadow IT?
measures have been taken to protect company information
Is responsibility for risk coverage clearly
and data.
defined?
Audit Considerations How are IT risks identified, remediated or
accepted?
Has a business impact assessment been conducted
for the services moving to the cloud?
IT Governance Audit
Does your organization have secure authentication
Evaluates the processes IT has in place to govern capital
protocols for users working in the cloud?
allocation decisions, project approvals and other critical
Have the right safeguards been contractually decisions.
established with the provider?
Audit Considerations
Cloud Provider Service Review
Do formalized processes for governing IT exist?
Assesses the ability of the cloud provider to meet or exceed
What can be done to increase business confidence
the agreed-upon Service Level Agreement Audit (SLA) in the
in IT governance?
contract. Areas of consideration should include technology,
legal, governance, compliance, security and privacy. In addition, Are your IT governance processes and requirements
internal audit should assess what contingency plans exist in applicable across all of IT?
case of failure, liability agreements, extended support, and
the inclusion of other terms and conditions as part of the Are there formal charters, mandates and
service contracts, as well as availability, incident, and capacity responsibilities documented and followed by key
management and scalability. steering committees?
What SLA are in place for uptime, issue Participates in IT’s own risk assessment (as opposed to
management and overall service? the independent IT internal audit risk assessment) as an
advisory audit. Evaluates the risks identified and provide
Has the cloud provider been meeting or exceeding insight given the auditor’s unique perspective on the IT
the SLA? organization.
What issues have there been?
Audit Considerations
Does the organization have an inventory of
uses of external cloud service providers, sponsored Is there a comprehensive risk assessment
both within IT and directly by the business performed to identify all IT risks?
units? Is the IT risk assessment process effective?
How mature is the organization’s use of existing How is the portfolio managed as corporate objectives
GRC software? Do we use all functionality available change?
to us?
SOFTWARE/IT ASSET MANAGEMENT
What are the key business requirements for GRC
software?
IT And Software Asset Management Process And
How many GRC technology solutions are in use Control Audit
across the organization? Is there an opportunity
Assesses the design and effectiveness of processes and
for solution convergence?
controls IT has deployed related to software and IT asset
What is the level of risk reporting provided to management.
stakeholders to support IT risk decisions?
Reviews the impact of these processes on related IT processes
such as IT service management, IT contract management and
IT INVESTMENTS PROGRAM RISK
information security.
Audit Considerations
SOCIAL MEDIA ACTIVITIES AUDIT
Does the organisation take appropriate action when
Audits the social media activities of the organization and
SoD conflicts are identified?
its employees against the policies and procedures in place.
Identifies new risks and assist in developing policies and Has the organisation proactively addressed SoD
controls to address the risks. issues to prevent year-end audit issues?
Systematic Segregation Of Duties Review Audit DATA LOSS PREVENTION AND PRIVACY
Evaluates the process and controls IT has in place to effectively
Data Governance And Classification Audit
manage segregation of duties. Performs an assessment to
determine where segregation of duties conflicts exist and Evaluates the processes management has put in place to
compare to known conflicts communicated by IT. Evaluates the classify data, and develop plans to protect the data based on
controls in place to manage risk where conflicts exist. the classification.
Courses offered
• Post Qualification Course on Information Systems Audit (DISA)
• Certificate Course on Forensic Accounting and Fraud Detection (FAFD)
For details, visit https://elearn.icai.org/courses.html
Important Links
• Digital Accounting and Assurance Board of ICAI is offering the following courses for members
The details can be viewed at https://www.icai.org/new_post.html?post_id=13422&c_id=432
• https://elearn.icai.org/
• Association of Certified Fraud Examiners https://www.acfe.com/
• Information Systems Audit and Control Association https://www.isaca.org/pages/default.aspx
Transfer Pricing
Important Links
• ICAI entered into an arrangement with Wolters Kluwer to provide the contents of Direct Taxes Online at subsidised rate,
for details please visit https://dt.cchtaxonline.com/icai-subscription
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• Technical Guide on Understanding Income Tax Return Forms for AY 2018-19 at
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• Council Guidelines on Tax Audit Limit at https://www.icai.org/post.html?post_id=10354
TAX CONSULTANCY
Expatriate Taxation
Expatriates are people who visit other country for temporary
duration for working in the Indian entity. Many of the
multinational enterprises having presence globally may send
some of its employees to countries where it has presence in
order to assist the local company in their business activities.
This phenomenon under is also known to as global mobility in
the context of employment.
globe. Employees are being sent to work in other countries Under the previous Companies Act, 1956 (sections 391-394)
which increases the tax complications for such employees in it was possible for a foreign company to merge with an Indian
both the countries. Non-Resident Indians (NRI) are citizens of company, but an Indian company could not be merged with a
India or Persons of Indian origin who become non-residents in foreign company. This was intended to ensure that the company
India on account of their duration of stay outside India. that continues after the merger is an Indian company over
which the Indian regulatory authorities continue to exercise
In order to analyze the tax impact of NRIs in India, it would be
control. Under the Companies Act, 2013, however, section
relevant to determine the tax laws both, under the Act as well
234, which was effective from 13 April 2017, allows cross-
as the double taxation avoidance agreement. The foreign tax
border mergers both ways, subject to the fulfillment of certain
credits available to such NRIs shall also have to be evaluated.
conditions. This is intended to provide additional stimulus to
Some of the solutions, which may be provided by Chartered cross-border mergers.
Accountants in relation to NRI Taxation, include:
Some of the solutions, which may be provided by Chartered
Obtaining Tax Registrations – Assist in obtaining the tax Accountants in relation to Cross Border Transactions include:
identification number (Permanent Account Number) of
Corporate reorganisations – Suggest suitable investment
the NRI from the income-tax authorities;
structure for the Overseas entities especially from Indian
Determining Residential Status – Based on the presence income-tax perspective including recommending suitable
of the NRI in India, the residential status of such NRI jurisdictions to locate the Overseas holding company for
may be determined under the Act; the proposed investments in India and suitable modes
of investments in the Indian company.
Property and investment transaction advisory – This
would include advise to NRIs on acquisition and Capital reorganisations – Suggest appropriate alternatives
disposal of investments as well immoveable property viz. capital reductions, bonus issues, rights issues,
and associated tax compliances if any; preferential and debenture and bonds issues, share
buybacks etc., involving non-resident stake holders. This
Issuance of technical opinions on questions of law; aspect is relevant from overseas funding perspective as
Pre and post NRI status advisory – Advise in relation well.
to income tax disclosures pre and post NRI status Fair Market Valuation of shares and investments
including disclosures if any, under Undisclosed Foreign – In case of associated enterprises or deemed to
Investments and Assets Act 2015 be associated enterprises, international or deemed
Preparing and filing Annual Income tax returns and international transactions, there could be a scope for
transaction based challans for tax payments if any – advisory on the aspects of valuation from Indian transfer
Prepare computation of income and assist in filing the pricing regulations perspective.
annual income tax return of the expatriate in India; Transfer Pricing compliance review including profit
Representation before the revenue authorities including attribution study in case of cross border transactions
appellate level and tax tribunal and allied assistance on between related parties.
litigation management including strategic advisory; Tax due diligence – Conduct a vendor/buyer tax due
Evaluating the applicability of the double taxation diligence which shall involve review of the past records
avoidance agreement with the relevant country, in of the company in order to find any gaps/observations
relation to relevant streams of income; which may have financial or other impact;
Assistance in claim of foreign tax credits, based on Issuance of technical opinions on questions of law;
relevance; Ideation on profit repatriation and exit options –
Issuance of remittance certificates under Form 15CA/ Assistance in analyzing various possible modes of profit
Form 15CB and other compliance certificates if any. repatriation and exit of investments from India, based on
the analysis of the tax laws and treaty provisions;
CROSS-BORDER TRANSACTIONS INCLUDING IP/Intangibles Planning – Advising and evaluating
MERGERS AND ACQUISITIONS alternatives for the location of the IP/intangibles owned
by the group in appropriate jurisdiction in order to
Globalization and cross-border transactions has seen an
achieve tax efficiency;
upsurge in the number of Mergers and Acquisition transactions.
In the year 2017, India has seen more than 1,000 mergers and Obtaining certificate under section 197 – Assist in making
acquisitions which is the highest in the current decade. an application to the income-tax officer to obtain a lower
withholding tax certificate under section 197 of the Act assistance on litigation management including strategic
basis the computation of estimated profits or gains advisory.
including losses if any attributable to the foreign entity
in India; PERMANENT ESTABLISHMENT
Issuance of remittance certificates under Form 15CA/ The concept of permanent establishment (‘PE’) gained
Form 15CB and other compliance certificates if any. importance as many entities started carrying out business in
foreign countries by way of presence in that country either
Representation before the revenue authorities including
through an office set-up or through any of its employee or other
appellate level and tax tribunal and allied assistance on
personnel. As the business is carried out by the entity in the
litigation management including strategic advisory
foreign country, the right to tax income generated from such
business should also be with that foreign country.
ROYALTY AND FEES FOR TECHNICAL SERVICES
This gives rise to the cross-border taxation based on the PE of
On account of increase in cross-border transactions, payments
the entity in the foreign country. The double taxation avoidance
in the nature of royalty and fees for technical services
agreement has generally two type of permanent establishment
(‘FTS’) have also increased considerably. The Organization
– fixed place and dependent agency PE. However, most of the
for Economic Cooperation and Development (OECD) Model
double taxation avoidance agreements (DTAA) which India has
Convention and the United Nations (UN) Model Convention
entered into with other countries has an additional concept of
have an article for the taxation of royalty. However, the taxation
Service PE wherein if the employee or personnel of the foreign
of FTS was not there in both the Conventions. This is because,
entity is present in India for more than the specified threshold
import of technical services is not common within the developed
limit providing services to another person/entity in India then the
countries and thus, both the conventions never felt the need
said employee or personnel shall constitute a service PE of the
to include an article on taxation of FTS. However, with the
foreign entity in India. Income attributable to the foreign entity
changing times and considering the situation of the developing
on account of the presence of such employee/personnel in India
countries, the recently amended UN Model Convention 2017
shall be taxable in India.
has included an article on taxation of FTS.
Some of the solutions which may be provided by Chartered
Many of the double taxation avoidance agreement which India
Accountants relating to Permanent Establishment aspects for
has entered into with the other countries does have an article
non-residents include:
on taxation of fees for technical services.
Tax advisory – Analyze and review the facts of the
Some of the solutions provided by Chartered Accountants in
foreign entity in order to determine whether the said
relation to Taxation of Royalty/ Fees for Technical services
foreign entity has any permanent establishment in India
include:
under the relevant double taxation avoidance agreement,
Tax advisory – Assist in evaluating whether a payment read with the extant provisions of law including BEPS
would fall within the definition of ‘royalty’ or ‘fees for Action plans.
technical services’ both under the Act as well as under
Income attribution – Assist the foreign entity in carrying
the double taxation avoidance agreement. Based on the
out the exercise of determining the income attributable
analysis, advice on the applicable tax rate for the said
to the foreign entity in India on account of it having a
payment.
permanent establishment in India;
Preparation and filing of Income-tax Return – Assist
Assistance in obtaining Tax Registrations – Assist
the foreign entity in preparing and filing of the annual
the foreign entity in obtaining the tax identification
income-tax return declaring the income from royalty or
number (Permanent Account Number) for its permanent
FTS in the income-tax return;
establishment in India from the income-tax authorities;
Withholding tax return – Assist the Indian entity in
Obtaining certificate under section 197 – Assist in making
deducting taxes on royalty/FTS payments and preparing
an application to the income-tax officer to obtain a lower
and filing the withholding tax returns in relation to such
withholding tax certificate under section 197 of the Act
payments made to foreign entities.
basis the computation of estimated profits attributable
Issuance of technical opinions on questions of law; to the permanent establishment of the foreign entity in
India;
Issuance of remittance certificates under Form 15CA/
Form 15CB and other compliance certificates if any. Preparation and filing of Income-tax Return – Assist the
foreign entity in preparation and filing of the income-tax
Representation before the revenue authorities return in relation to the permanent establishment in India;
including appellate level and tax tribunal and allied
Issuance of technical opinions on questions of law;
Representation before the revenue authorities including two years, finance minister has brought in amendments such
appellate level and tax tribunal and allied assistance on as introduction of equalization levy, secondary adjustment,
litigation management including strategic advisory. concept of significant economic presence, modification of the
dependent agent definition, etc. which are in line with the BEPS
provisions.
GENERAL ANTI AVOIDANCE RULE
Reiterating India’s commitment to implement OECD’s BEPS
(GAAR)
Action Plan 13, the CBDT has released the final rules on
October 31, 2017 on the rules in respect of Country-by-country
reporting (‘CbCR’) and Master File (‘MF’) as required to be
General Anti Avoidance Rule (‘GAAR’) has been introduced by furnished to tax authorities in terms of Section 286(8) and
the Government in order to target such arrangements which Section 92(D) of Income-tax Act. The new rules proposed to
have been specifically entered with the object of avoiding taxes. be inserted are Rules 10DA and Rule 10DB of the Income-tax
The provisions of GAAR were first introduced in the Act by Rules, 1962 (the Rules).
Finance Budget 2012, however, it finally came into effect from
financial year 2017-18 onwards. Some of the solutions which may be provided by Chartered
Accountants in relation to BEPS & MLI, would include:
Some of the solutions which may be provided by Chartered
Accountants in relation to aspects of GAAR, include: BEPS Review – Undertake an entire review of the
business model of the entity in light of the provisions of
GAAR evaluation – Evaluate a transaction/structure the BEPS and the amended provisions as per the Act,
from GAAR perspective in order to determine if there which are in line with BEPS.
is any exposure of the said transaction/structure being
considered as having entered into with the intention of Modifications to existing business models – Based on
avoiding taxes in India. the aforesaid review, suggest alterations or modifications
to the existing business model in order to make it tax
Issuance of technical opinions on questions of law; efficient and compliant with BEPS provisions.
Representation before the revenue authorities including Tax Advisory – Any other advisory work in relation to
appellate level and tax tribunal in relation to the the impact of BEPS/MLI to the business of the entity.
arrangements alleged to have been anti-avoidance
arrangements; Issuance of technical opinions on questions of law.
BASE EROSION AND PROFIT Other compliances similar to the one above, as may be
SHIFTING (BEPS) & mandated from time to time under the Act.
MULTILATERAL INSTRUMENT (MLI)
WITHHOLDING TAX ON FOREIGN REMITTANCES
Base erosion and profit shifting (BEPS) refers to tax avoidance As per the Act any sum payable to the non-resident which is
strategies that exploit gaps and mismatches in tax rules to chargeable to tax in India should be subject to withholding
artificially shift profits to low or no-tax locations. Under the taxes. Accordingly, the person making the payment to the non-
inclusive framework, over 100 countries and jurisdictions are resident shall be liable to withhold appropriate taxes. In case
collaborating to implement the BEPS measures. the payer does not withhold taxes from the foreign remittances
liable to tax in India then withholding tax proceedings shall be
In November 2016, over 100 jurisdictions concluded initiated against such payer. Further, the payer shall also not be
negotiations on the Multilateral Convention to Implement eligible to claim deduction for such foreign remittances from its
Tax Treaty Related Measures to Prevent Base Erosion and taxable income in India.
Profit Shifting (“Multilateral Instrument” or “MLI”) that will
swiftly implement a series of tax treaty measures to update Some of the solutions which may be provided by Chartered
international tax rules and lessen the opportunity for tax Accountants in relation to Withholding tax on foreign remittances
avoidance by multinational enterprises. The MLI which was include:
signed by 68 jurisdictions on 7th June 2017 will enter into force Applicability of withholding tax – Evaluate the withholding
on 1st July 2018. The number of signatories as on date is 78 tax implications on foreign remittances both under
jurisdictions. the Act as well as under the relevant double taxation
Based on the provisions of BEPS, many countries have already avoidance agreement and accordingly, advice the payer
started amending their domestic tax laws to bring the same in to withhold appropriate taxes;
line with BEPS. India is one such country where in the past Issuance of technical opinions on questions of law;
Issuance of Form 15CB – Assist in preparation and Evolution of Transfer Pricing at India: India started integrating
issuance of Form 15CB in cases where the foreign its economy with global economy in 1991. This has led to
remittances are subject to withholding tax; increased cross border flow of goods, services, funds and even
intangibles and a large inflow of Foreign Direct Investment.
Filing of the withholding tax return – Assist in preparation Many of the Indian companies have also become large global
and filing of the withholding tax return in Form 27Q in players with overseas subsidiaries in many tax jurisdictions.
relation to the foreign remittances. Transfer pricing in India was introduced in 2001 for curbing
tax avoidance by laying down norms for “income arising from
FOREIGN TAX CREDIT international transactions” to be computed at “arm’s length
Foreign tax credit is the credit claimed in the country of price”.
residence for the taxes paid in any other country/source Transfer pricing encompasses areas such as inter- company
country in case the income is taxable both, in the country of pricing arrangements between related business entities,
source as well as the country of residence. The purpose of including transfers of intellectual property, transfers of tangible
claim of foreign tax credit is to avoid double taxation of income. goods, services and loans and other financing transactions.
Accordingly, if an income is taxed in the source country then
the same should not be taxed again in the country of residence. Reiterating India’s commitment to implement OECD’s BEPS
Action Plan 13, the CBDT has released the final rules on
Some of the solutions which may be provided by Chartered October 31, 2017 on the rules in respect of Country-by-country
Accountants in Foreign Tax Credit, include: reporting (‘CbCR’) and Master File (‘MF’) as required to be
Eligibility of foreign tax credit – Verify various documents furnished to tax authorities in terms of Sec.286(8) and Sec
and calculate the amount of credit for the foreign taxes 92(D) of Income Tax Act. The new rules proposed to be inserted
available in India; are Rules 10DA and Rule 10DB of the Income-tax Rules, 1962
(the Rules).
Issuance of technical opinions on questions of law;
All this provides immense opportunities to Chartered
Filing of Form 67 – Assist the company in filing Form Accountants who are well positioned to provide end-to-end
67 in order to claim the foreign tax credit in India. solutions to help companies manage the whole process.
to their responsibility of optimum transparency to the revenue Documentation compliance – Assistance maintenance
authorities across the globe. in keeping information and of documents required
by persons involving international transactions with
Some of the Key Attributes for servicing in transfer pricing as a
associated enterprises;
Professional Accountant:
Issuance of Chartered Accountants Certificate i.e., Form
Client driven with strong commercial awareness;
No. 3CEB - Required by persons involving international
Strong communication skills - both written and oral; transactions with associated enterprises;
Able to develop innovative ideas and solutions, with the Facilitating complete compliance with CbCR and Master
ability to think around a problem; File requirements
Strong client relationship management skills with ability Representation before the revenue authorities including
to develop quality outputs; appellate level and tax tribunal;
Strong project management skills; Assistance with competent authority negotiations and
mutual agreement procedures;
Understanding of key risks and opportunities in tax
management and effectively develop policies and Advisory Services such as -
processes to maximize benefits and minimize the
Pricing risk transfers in intercompany transactions
risks;
(e.g., market price volatility, risk or counterparty
Manage relationships with revenue authorities. credit risk);
Chartered Accountants on account of their intense training Pricing intangible assets, and modelling their value
and possession of above skill-sets; have many professional over time;
opportunities, more so in an emerging economy such as India.
Setting interest rates, defending levels of inter-
With business boundaries fast disappearing and the world company debt, and pricing inter-company
becoming one market place, professional avenues have opened guarantees using credit rating models;
up both for domestic and overseas clients.
Determining arm’s length cost sharing and buy-in
Some of the solutions which may be provided by Chartered payments for technical know-how;
Accountants in Transfer Pricing include:
Establishing inter-company charges for central
Business model study - Performing benchmarking study services;
to ensure that all international transactions entered by
Implementation of advance pricing arrangements
persons are maintained at arm’s length price;
covering a variety of different types of transactions.
Courses offered
Committee on International Taxation of ICAI is also offering Post Qualification Diploma in International Taxation for members. For
details, please visit https://www.icai.org/new_post.html? post_id=13126
Important Links
• Licenses of Capitaline TP Corporate database at a concessional rate at
https://www.icai.org/new_post.html?post_id=12914&c_id=219
• List of signatories and parties to the Multilateral Convention to Implement Tax Treaty Related Measures can be viewed at
http://www.oecd.org/tax/treaties/beps-mli-signatories-and-parties.pdf
• Global Forum on Tax Transparency can be viewed at
http://www.oecd.org/tax/exchange-of-tax-information/global-forum-marks-a-dramatic-shift-in-the-fight-against-tax-evasion-with-the-widespread-commencement-of-the-automatic-exchange-of-financial-information.html
be prescribed and having at least ten years’ experience in Other Services by Auditors (Section 144)
company matters.
This section seeks to provide that an auditor can do such
other services as approved by the Board or Audit Committee.
Professional Assistance to Company Liquidator
The section further provides for the services which the auditor
As per Section 291 of the Companies Act, 2013, the Company cannot perform, directly or indirectly to the company or its
Liquidator may, with the sanction of the Tribunal, appoint one holding company, subsidiary company or associate company.
or more Chartered Accountant on such terms and conditions,
as may be necessary, to assist him in the performance of his Appointment as Registered Valuer (Section 247)
duties and functions under this Act. (Separately Covered Under Registered Valuer
Chapter)
Right to Legal Representation
Appointment as Interim Resolution Professional
As per Section 432, a party to any proceeding or appeal before
and Insolvency Professional as per The Insolvency
the Tribunal or the Appellate Tribunal, as the case may be, may
and Bankruptcy Code, 2016 (Separately Covered In
either appear in person or authorize one or more chartered
Chapter of Insolvency Professional)
accountants or company secretaries or cost accountants or
legal practitioners or any other person to present his case
Valuation Report and Opinion on Scheme of
before the Tribunal or the Appellate Tribunal, as the case may
Arrangement by Listed Entities
be.
Securities and Exchange Board of India has issued guidelines
Appointment of Chartered Accountants as Auditors vide circular dated 10.03.2017 related to Scheme of
Arrangement by Listed Entities. The guidelines mandatorily
Section 139 to 148 of the Companies Act, 2013 deals with
require listed entities to submit valuation report from an
provisions related to Statutory Auditor.
Independent Chartered Accountant.
This being the core area of practice of a Chartered Accountant
While considering the scheme of arrangement of any listed
needs no introduction or advertisement. Once an individual is
entity SEBI may also seek clarifications and opinion of a
qualified as a Chartered Accountant, he is given the advantage
Chartered Accountant the merits and viability of draft scheme
of being an Auditor and opportunity to deliver the best of
of arrangement.
services.
Important Links
• Webpage of Corporate Laws & Corporate Governance Committee at
https://www.icai.org/new_post.html?post_id=5483&c_id=308
• Summary of Provisions of The Companies (Amendment) Ordinance 2018 at https://resource.cdn.icai.org/52614clcgc42176.pdf
• Guidance Note on the Schedule III to the Companies Act, 2013 at https://resource.cdn.icai.org/45059clcgc35038.pdf
• Frequently Asked Questions on the provisions of Companies Act, 2013 at https://resource.cdn.icai.org/45163clcgc35207.pdf
AS AN EXPERT
Under Section 26(1) of the Arbitration and Conciliation Act,
1996 the Arbitral Tribunal may appoint expert/s to report
on any specific issue to be determined by it. It may also
require the parties to give the expert any relevant information,
explanations, or to produce or provide access to any relevant
documents, goods or other property for inspection. An expert
may be examined and cross-examined by a party on request
of a party and where an arbitral tribunal considers it necessary. Member of Arbitral Tribunal
A Chartered Accountant can help the arbitral tribunal in
Acting as arbitrator
the capacity of an expert in matters relating to accounts,
commercial transactions, lease transactions etc., where he has Acting as Arbitrator in different countries.
sufficient domain knowledge.
INTERNATIONAL COMMERCIAL ARBITRATION
AS A CONCILIATOR
Helping the clients in the process of Selecting an
Conciliation is a process by which the conciliator endeavours Arbitration Institution.
to bring the disputant parties to an agreement. A conciliator
is generally an independent third party who mediates for Helping the Clients in selecting the arbitration format
the disputing parties in order to bring them to a mutually and structure without using an arbitration institution in
acceptable settlement. A mediator is normally taken to be a the case of Ad hoc arbitration.
person of the disputant’s choice. The conciliator is instrumental
in drawing up the terms of settlement in the shape of an Helping the clients in determining the procedural law
agreement, consequent upon comprehensive discussions with to be applied to the arbitration depending on the
the parties to the dispute. A Chartered Accountant in his day- legislations relating to arbitration in various countries.
to-day practice often helps his clients in settling their disputes
through conciliation. CA’s can serve as professional conciliators. Drafting commercial trade agreements in consonance
With the acquisition of thorough knowledge on the process with the principles of Alternative Dispute Resolution.
of mediation, negotiating skills and related techniques of
Drafting Arbitration clauses in international contracts.
conciliation a Chartered Accountant can act as a successful
professional conciliator thereby adding to the array of services Drafting of a proper arbitration agreement considering
he provides. the arbitration rules promulgated by various international
institutions, is a job to which the Chartered Accountant
OTHER AREAS can apply his expertise.
Drafting of Arbitration Agreements
Courses offered
• The Committee on Economic, Commercial Laws & WTO is offering a Certificate Course on Arbitration, Mediation &
Conciliation, for details, please visit https://www.icai.org/post.html?post_id=11739
• International Chamber of Commerce https://iccwbo.org/
• India International Chamber of Commerce www.iccindiaonline.org
A. As Consultants
Money Laundering
(a) By their vast expertise in handling huge quantitative
data for verification of the exact nature of
Act
transactions.
G. Audit under PMLA Act, 2002 – A new Vista opened The Director shall ensure that the number of hours
for Chartered Accountants claimed for billing purposes is commensurate with
the size and quality of the report submitted by the
Sub–section (1A) of section 13 of the PMLA Act, 2002 accountant.”
as amended till date, confers the following power on the
Director to ensure compliance:- While Rule 10B read with section 13(1A) and 13(1B)
are self explanatory, it may be noted that by virtue of
“(1A) If at any stage of inquiry or any other proceedings the above amendments, a whole new gamut
before him, the Director having regard to the of opportunities have been thrown open to Chartered
nature and complexity of the case, is of the opinion Accountants.
that it is necessary to do so, he may direct the
Courses offered
• The Committee on Economic, Commercial Laws & WTO is offering a Certificate Course on Anti Money Laundering Laws
for details, please visit https://www.icai.org/post.html?post_id=11740
INSURANCE SECTOR
Chartered Accountants can provide their services to
Insurance enterprises in the field of risk management,
insurance management, insurance fund management, insurance
marketing, underwriting management, claims management,
loss adjustment, re-insurance, product development, actuarial
science and many allied areas such as:
UNDERWRITING Insurance
Companies
Underwriting, a core insurance activity, involves classification of
risks on the basis of risk characteristics so that insured parties
pay premiums proportionate to the risk. CAs can provide their
services in analysing the information to determine the right
prospect and also secure profitable business to the insurer.
CLAIMS ADMINISTRATION
This is a structured method of managing claims right from the
initial report to the final payment or appeal - typically following
an existing system. Claims processing is highly data intensive
and time sensitive. CAs can provide their services in effective
management and understanding the system and interaction with
the concerned parties.
Courses offered
• Diploma in Insurance and Risk Management (DIRM) at https://www.icai.org/post.html?post_id=996
Important Links
• Relevant information on Banking, Insurance and Pension & Financial Markets at https://www.icai.org/post.html?post_id=5629
• Other important links at https://resource.cdn.icai.org/18420implinks.pdf
IMPARTING TRAINING
Training of finance and accounts personnel of Local
Bodies to build their capacity for implementing of accrual
accounting reforms and issuing municipal bond.
AUDITING AND ASSURANCE SERVICES Revenue system assessment and financial analysis
of revenue and expenditure exploring potential for raising
Assignment such as Internal Audit, Statutory Audit, and
debt capital for projects, assessing financial viability of
Special Audit of Local Bodies andAudit of Corporate
investment plans, preparation of financial projections,
Municipal Entities (CMEs), Escrow Account and the
revenue mobilisation plans and project feasibility
Project Account as per relevant municipal bonds
reports of Local Bodies, undertaking detailed revenue
guidelines/ regulations.
potential assessments, cost determination, control and
reduction analysis, facilitating public private partnership
MANAGEMENT CONSULTANCY SERVICES in new projects and assist in bid process management,
Providing assistance as domain expert to the agencies negotiations, etc.
designated by the Government for computerisation of In the area of municipal bond issuance, providing
records and Accounting System. assistance to the municipalities for creating Corporate
Advising the Local Bodies in Statutory compliances, Municipal Entities (CMEs) as per norms and
preparation of Detailed Project Feasibility Reports providing assistance in rating of bonds by providing
required to be submitted to the funding Agencies/ required information to the rating agencies to rate the
programmes such as World Bank, Asian Development bond issue.
Bank and under any government scheme for enabling OTHER SERVICES
them to access capital market and financial institutions
for the capital investment. Necessary certifications in relation to the bond issue
Design and implementation of Budgetary Control and advising local bodies with regard to various
System in the line with the Accrual Accounting System statutory compliances as per the relevant regulations
and linkage among Budgetary System and Financial and guidelines.
Management information System and Decision making
system.
Important Links
• Accounting Standards for Local Bodies can be viewed at https://www.icai.org/new_post.html?post_id=1527&c_id=270
• Publication related to Local bodies can be viewed at https://www.icai.org/post.html?post_id=4043
• Publication on Municipal Bonds for Financing Urban Infrastructure in India https://resource.cdn.icai.org/49031caslb32852.pdf
• ICAI Government Accounting Standards Advisory Board (GASAB) at https://www.icai.org/post.html?post_id=1529
• Website of International Federation of Accountants can be viewed at www.ifac.org
• Website of Governmental Accounting Standards Board can be viewed at www.gasb.org
• Website of Chartered Professional Accountants Canada can be viewed at www.cica.ca
• Website of Australian Accounting Standard Board can be viewed at www.aasb.gov.au
ELECTRONIC HARDWARE TECHNOLOGY PARKS The scheme envisages creation of world-class infrastructure for
(EHTP) warehousing of various products, state-of-the-art equipment,
transportation and handling facilities, commercial office-space,
For encouraging exports of electronic hardware items including water, power, communications and connectivity, with one-
hard disk drives, computers, television, etc., such parks stop clearance of import and export formality, to support the
have been developed by the Ministry of Communications & integrated Zones as ‘international trading hubs’. These Zones
Information Technology. An Electronic Hardware Technology would be established in areas proximate to seaports, airports or
Park (EHTP) may be an individual unit by itself or a unit located dry ports so as to offer easy access by rail and road.
in an area designated as EHTP Complex. As in the case of
STP Scheme, the EHTP Scheme is also administered by the Though no manufacturing activity would be permitted, activities
Ministry of Communications & Information Technology. Incentive like repackaging would be permitted in these zones.
Package for Electronic Hardware was announced in the Foreign
Trade Policy 2002- 07. An EHTP can also be set up by the
Central Government, State Government, public or private sector INTERNATIONAL FINANCIAL SERVICES CENTRE
undertakings or any combination of them. (IFCS)
Financial Centres can be broadly categorized into two:
100% EOU SCHEME
International Financial Centres (IFCs) and Offshore Financial
A 100 per cent export-oriented unit is an industrial unit offering Centres (OFCs).
for export its entire production, excluding the permitted levels
of domestic tariff area sales for manufacture of goods, including The full potential of an IFC is demonstrated by centres such
repair, re-making, reconditioning, re-engineering and rendering as New York, London and Singapore where offshore business
of services. Trading units are not covered under this scheme is conducted alongside large domestic financial intermediation.
In most cases, offshore activities are not ring- fenced from
The Export Oriented Unit (EOU) scheme was introduced in the domestic operations and they usually operate in the same
year 1980 vide Ministry of Commerce resolution dated 31st regulatory and fiscal environment. IFCs have a highly matured
December 1980. The purpose of the scheme was basically to and developed economy and sophisticated, deep and liquid
boost exports by creating additional production capacity. The domestic markets.
EOU scheme is complementary to the EPZ scheme, except
that it is widely dispersed in location, unlike EPZs, which are An Offshore Centre commonly refers to a smaller and less
set up at specific locations. The Export Oriented Unit (EOU) mature jurisdiction that attracts capital through a simple
Scheme, which had been introduced in the early 1980s remains regulatory framework, minimum legal requirements for
in the forefront of country’s export production schemes. The incorporation and operation, favourable tax treatment and
scheme has witnessed many changes over the last twenty- stringent confidentiality requirements.
four years in the context of ever changing economic realities.
However, the basic premise remains the same. The premise The provisions for setting up IFSC are laid down in Section
is that the exporters are treated as a special class and given 18 of The Special Economic Zones Act, 2005. Accordingly, the
the required tariff, non-tariff and policy support to facilitate their Central Government may, subject to such guidelines as may
export efforts. Thus, today the EOU Scheme has emerged as a be framed by the Reserve Bank, the Securities and Exchange
dynamic policy initiative facilitating the exporting community in Board of India, the Insurance Regulatory and Development
the task of increased exports. Earlier, the scheme was basically Authority and such other concerned authorities, as deemed fit,
for manufacturing sector with certain minimum value addition prescribe the requirements for setting up and the terms and
in terms of export earnings. The EOU scheme is presently conditions of the operation of Units in an International Financial
governed by Chapter 6 of the Foreign Trade Policy 2004-09 and Services Centre. Till date no terms and conditions has been
Chapter 6 of the Handbook of Procedures and Appendix 14-IA prescribed by Central Government for setting up of International
to Appendix 14-IN. Financial service centre.
Banking Unit may be set up and operated in a Special Certification of reports – Form I (Annual performance
Economic Zone shall be as specified in the Notification number reports for Units).
FEMA 71/2002- RB dated 7th September, 2002 by the Reserve
There is a requirement under Rule 22 of the
Bank of India, as amended from time-to-time.
Special Economic Zones Rules, 2006 that the grant
of exemptions, drawbacks and concession to the
SOFTWARE TECHNOLOGY PARKS OF INDIA (STPS) entrepreneur or developer of a Special Economic
Zone will be subject to the condition that the Unit
Software Technology Parks (STPs) are export- oriented projects
submits an Annual Performance Report in Form I to
catering to the needs of software development for exports.
the Development Commissioner who in turn will submit
The present provisions of the STP scheme are contained in
it to the Approval committee for his consideration. The
Chapter 6 of the Foreign Trade Policy 2004-09. The procedures
information given in the form should be authenticated
are included in Chapter 6 of the Handbook of Procedures and
by the authorized signatory of the unit and certified by
Appendices to the Handbook of procedures issued under the
a Chartered Accountant.
Foreign Trade Policy 2004-09. Software Technology Parks
of India is an autonomous organization under Ministry of Audit report under section 80-I(7)/80-IA(7)/80-IB/80-IC of
Communications and Information Technology, Govt. of India. the Income-tax Act, 1961 in Form 10CCB.
New fiscal incentives offered under this scheme, infrastructure
created by STPI and the investor-friendly environment have Report under section 10A(5) and section 10B(5) of
contributed to a steep growth in the Software Exports from the Income-tax Act, 1961 in FORM No. 56F and Form
India. No. 56G respectively certifying that the deduction has
been made in accordance with the corresponding
The opportunities for Chartered Accountants in the above section.
entities are as follows:
Report under section 80LA(3) of the Income-tax
Act, 1961 in Form No. 10CCF.
Assistance in preparation of project report: A project
report outlining the economic and commercial viability Report on Annual performance of units -The information
of the project needs to be attached along with Form A given in the formats for APRs should be authenticated
i.e. Application for setting up a unit in Special Economic by the authorized signatory of the unit and should be
Zone. certified for its correctness by a Chartered Accountant
with reference to the account records and registers
Assistance in necessary applications, compliances
maintained by the unit (Appendix 14-I-F Handbook of
etc. with the Board of Approval State Government,
Procedures of Foreign Trade Policy.
Development Commissioner, Approval Committee, etc.
http://nbaindia.org/uploaded/Biodiversityindia/Legal/6.%20Import%20and%20Export%20(Control)%20Act,%201947.pdf
Consultancy services for developing Special Economic
Zones. Certificate on production and exports. DTA sale of Gem &
Jewellery items will be permitted on annual basis by the
Consultancy services for setting up units in Special
Development Commissioners up to 10% of FOB value
Economic Zones.
of exports during the preceding year subject to certain
Representation before Board of Approval on behalf conditions. One such condition is that the application by
of any person aggrieved by the order passed by the an EOU has to be submitted to DC concerned on yearly
Approval Committee. basis (licensing-year) giving the details of production
and exports made during the preceding licensing
Rule 55 of Special Economic Zones Rules, 2006 states year duly certified by a Chartered Accountant and
that any person aggrieved by an order passed by the endorsed by the jurisdictional Custom Authority.
Approval Committee under section 15 of the Special (Appendix 14-I-H Handbook of Procedures of Foreign
Economic Zones Act, 2005 or against cancellation of Trade Policy).
Letter of Permission under section 16, may prefer an
appeal to the Board in the Form J. http://nbaindia.org/uploaded/Biodiversityindia/Legal/6.%20Import%20and%20Export%20(Control)%20Act,%201947.pdf
Rule 61 of the Special Economic Zones Rules, 2006 Certificate for Central Sales Tax (CST) reimbursements
states every appellant may appear before the Board in certifying receipt of the goods (Appendix 14-I-I Handbook
person or authorize one or more chartered accountants of Procedures of Foreign Trade Policy). The Export
or company secretaries or cost accounts or legal Oriented Units (EOUs) and units in Electronic Hardware
practitioners or any of his or its officers to present his Technology Park (EHTP) and Software Technology Park
or its case before the Board. (STP) will be entitled to full reimbursement of Central
Sales Tax (CST) paid by them on purchases made Development Commissioner of the SEZ concerned or
from the Domestic Tariff Area (DTA), for production of the designated officer of the EHTP/ STP.
goods and services as per EOU Scheme subject to
http://nbaindia.org/uploaded/Biodiversityindia/Legal/6.%20Import%20and%20Export%20(Control)%20Act,%201947.pdf
certain conditions. The unit has to present its claim for
reimbursement of CST in the prescribed form to the
Important Links
• Handbook on Foreign Trade Policy and Guide to Export & Import can be viewed at
http://nbaindia.org/uploaded/Biodiversityindia/Legal/6.%20Import%20and%20Export%20(Control)%20Act,%201947.pdf
• Directorate General of Foreign Trade https://dgft.gov.in/
• Export/ Import http://www.eximkey.com/
• Ministry of Finance http://finmin.nic.in/
• Ministry of Commerce & Industry https://commerce.gov.in/
• Ministry of Company Affairs http://www.mca.gov.in/
• Income Tax, India http://incometaxindia.gov.in/
• Reserve Bank of India http://www.rbi.org.in/
• Special Economic Zones in India http://www.sezindia.nic.in
• Free Trade Warehousing Private Limited (FTWPL) http://mmtclimited.com/pages/display/186-free-trade-warehousing-pvt.-ltd.
• Department of Biotechnology (DBT)) http://dbtindia.nic.in/
• Software Technology Park of India/Electronic Hardware Technology Park http://www.stpi.in/
• Agricultural and Processed Food Products Export Development Authority (APEDA) http://apeda.gov.in/apedawebsite/
• Agri-Export Zones http://www.apeda.gov.in/apedawebsite/trade_promotion/Agri_Export_Zone.htm
• Santacruz Electronics Export Processing Zone http://seepz.gov.in/seepz_sez.aspx
• Kandla Special Economic Zone http://kasez.gov.in/
• Cochin Special Economic Zone http://www.csez.com/
• Madras Special Economic Zone http://sezindia.nic.in/cms/madras-special-economic-zone.php
• Noida Special Economic Zone http://www.nsez.gov.in/
• Visakhapatnam Special Economic Zone http://www.vsez.gov.in/
• Falta Special Economic Zone http://fsez.gov.in/home.html
• Surat Special Economic Zones http://www.sursez.com/
• Indore Special Economic Zone http://indoresez.nic.in/
• Export Promotion Council http://commerce.gov.in/InnerContent.aspx?Id=6
Non-Banking
arrangement or any other manner, or lending in any
manner is also a non-banking financial company.
Field visit should, inter alia, involve visiting office of NCR, Assam, Chhattisgarh, Rajasthan, Maharashtra
the borrower entity of NBFC, discussions with Chief & Jharkhand.
Executives/Management of the lending institution,
The firm shall execute undertaking of fidelity and
discussion with staff and participatory discussions
secrecy on its letterhead in the format prescribed
with clients of borrower entity.
by NBFC.
Reporting to NBFC in the prescribed format
The firm shall ensure that the exercise is carried
regarding the work undertaken as per directions
out in a professional manner and in case of any
of NBFC from time-to-time.
misconduct & negligence, NBFC reserves the
Valuation of Properties right to report the matter to ICAI/RBI, under the
regulation/guidelines issued from time-to-time.
Due Diligence for NBFC*
The CA Firm should not sub-contract the assignment
Field investigating agencies
to any other firm/ company/ third party or other
Stock Auditors/Valuers persons.
The firm shall have wide presence preferably Compliance with RBI Directions and Prudential
across States. The preference also be given to CA Norms.
Firms having presence and operations in the States Submission of Annual, Quarterly and Monthly
of Uttar Pradesh, Bihar, West Bengal, Odisha, Returns.
Karnataka, Madhya Pradesh, Tamil Nadu, Kerala,
E n s u r e a d h e r e n c e w i t h K n o w Yo u r C u s t o m e r Internal Audit.
Guidelines, Fair Practice Code, Corporate
Statutory Audit.
Governance Guidelines etc.
Compliance Audit of various Regulations.
Issue Certificate as required from Statutory Auditors
by NBFCs having Foreign Direct Investment (FDI)
for compliance with the RBI Master directions.
Important Links
• Members may refer NBFC Corner at https://www.icai.org/post.html?post_id=5189&c_id=91
Standards which are based on IFRS standards that have been the
outcome of IFRS and US GAAP convergence projects.
(Ind AS) Considering the fact that Ind ASs are substantially converged
with IFRS Standards, professionals with Ind AS knowledge
will be preferred choice in talent hunt. So, is the case with
nation i.e., India with large population of professionals
with globally acceptable standards will attract more and
more BPO/KPO hubs in the years to come which will have
multiplier effect on career opportunities.
TRAINING AND CONSULTING unlisted companies with net worth above ` 250 crore are
subject to Ind AS roadmap. This large number of domestic
As highlighted above, Ind AS or its mentor IFRS Standards
potential client bases coupled with many listed entities
have widespread use across many entities and jurisdictions.
using IFRS Standards, offers a very attractive profession in
In India, there are nearly 7,000 listed companies that are
training and consulting domain.
required to prepare Ind AS based financial statements. Also,
Courses offered
• Certificate Course on Ind AS (Indian Accounting Standards) for proper implementation of IFRS-converged Indian Accounting
Standards (Ind AS), for details, visit the link https://www.icai.org/post.html?post_id=3562
Important Links
• Details of Indian Accounting Standards (Ind AS) can be viewed at https://www.icai.org/post.html?post_id=7543
• FAQs issued by the Accounting Standards Board at https://www.icai.org/post.html?post_id=12716
• Ind AS Notifications by Central Government at https://www.icai.org/new_post.html?post_id=12125&c_id=420
• Announcements of the Council Regarding Status of Various Documents Issued by the Institute of Chartered Accountants
of India at https://www.icai.org/post.html?post_id=3138
• Ind AS Technical Facilitation Group (ITFG) at https://www.icai.org/post.html?post_id=12745
• Support-desk for implementation of Ind AS at
https://docs.google.com/forms/d/1_KTFV6gIAFsBSXpyalyb2P2XkOdvGX4Nhc52z8lWhwg/viewform?edit_requested=true&fbzx=-7030280690851222448
Internal Audit
Oxley Act of 2002.
Financial Audits
Operational Audits
Compliance Audits
Investigative Audits
Management Audit
Special Reviews
Internal audit of Stock and Inventories Internal Audit of compliance with FEMA laws
Internal audit of adherence to Competition Law Internal Audit of compliance with Labour Law
Internal Audit - Controls due Diligence Reviews Internal Audit of Financial Instruments.
Courses offered
• Certificate/Virtual Course on Concurrent Audit of Banks https://www.icai.org/post.html?post_id=15225
• Certificate Course on Concurrent Audit of Banks at https://www.icai.org/post.html?post_id=9611
• Certificate Course on internal Audit https://www.icai.org/post.html?post_id=7606
Important Links
• Details of various certificate courses offered by ICAI can be viewed at
https://www.icai.org/new_post.html?post_id=960&c_id=52
• Standards on Internal Audit Mandatory in Phased Manner can be viewed at
https://www.icai.org/new_post.html?post_id=597&c_id=145
Audit Bureau of a member publisher shall compute its net paid sales. The
circulation figure so arrived at is checked and certified by a firm
of Chartered Accountants which are approved by the Bureau.
Circulations The Bureau issues ABC certificates every six months to those
publishers whose circulation figures conform to the rules and
Important Links
• Website of Audit Bureau of Circulations (ABC) can be viewed at http://www.auditbureau.org/about-what-is-abc.html
• Empanelled Auditors at Audit Bureau of Circulations can be viewed at http://www.auditbureau.org/empanelled_auditors
Securities and
audit firm
Exchange Board
firm which are under the same network of audit firms
wherein the term “same network” includes the firms
operating or functioning, hitherto or in future, under the
same brand name, trade name or common control
of India (SEBI)
Existing auditors may be appointed for a maximum of 10 years
(including all preceding years for which an auditor has been
appointed in terms of Regulation 55(1) of SEBI (Mutual Funds)
Regulation, 1996). In this respect, the following may be noted:
the quarter ending on June 30, 2003, SEBI has made an their responsibilities effectively. This has tremendously
amendment to Clause 41 of the Listing Agreement, and made increased the focus on the quality of the audit, approach etc.
it mandatory for all listed companies (including commercial
Entrepreneurial Role: Chartered Accountant from the
banks) to get their quarterly results subjected to “limited
traditional practice have moved into being intermediaries
review” by the auditors of the company (or by a Chartered
in the capital market themselves. New Investment banking
Accountant in the case of public sector undertakings) and
firms, broking entities and the Regulatory environment
a copy of Review Report is required to be submitted to the
has encouraged professionals to be an entrepreneur by
Stock Exchange within two months after the close of the
themselves. With the better understanding of the financial
quarter.
products, Chartered Accountants have become effective
entrepreneurs in wealth distribution, wealth management etc.
FINANCIAL AND CAPITAL MARKETS
Supporting services: More and more service providers
Financial Services is concerned with design and delivery of
like investment bankers and insurance agencies rely on the
advice and financial products to individuals and businesses.
reporting and certifications from the Chartered Accountant in
Economy has largely moved from capital intensive to
discharging their obligations.
knowledge driven spectrum. In a typical capital market
scenario of the financial services sector, Intermediaries, Emerging employment role: Equity sales, research, portfolio
Investors, Issuers, Corporate and Regulatory Authority rely management, media tracker, career in financial advertising
largely on skills of the Chartered Accountants in discharging and televisions, global outsourcing partners are the emerging
their respective obligations to the investors. The entire field employment opportunities for a young chartered accountant
of Financial Services has opened up new avenues for the along with their interest in taxation, audit and controls.
Chartered Accountants to excel in. Financial analyst, media
expert covering the capital markets, financial advertisement, Emerging practice role: The whole approach towards risk
investment advisor, financial services marketing are some of managements, controls changed with the opening up of the
the emerging avenues for the Chartered Accountants to deploy economy. Managements are increasingly providing a better
their skills effectively. budget for risk management and Chartered Accountant plays
an important role as Chief Risk Officer, or Chief Internal
CAPITAL MARKET Control. Knowledge of accounts, accounting finance and
financial analysis and law pertaining to issue of securities
Keeping in view the complications and stiff pulls and pressures with regard to provisions of the Companies Act, Securities
of burgeoning capital markets in India, the skills and expertise Contracts Act, SEBI and RBI also help in achieving excellence
of trained Chartered Accountants are highly relied upon by in execution. In addition, knowledge of the client or the Issuers
the financial services sector, intermediaries, investors, issuers, business helps in profiling and positioning of the business
corporates and even the Regulatory Authority concerned. And to the outside world at large. This is the key ingredient to
now more opportunities await the professionals in the area. any fund raising plan. As an Advisor and Investment Banker,
Chartered Accountants play the following roles in the Capital a Chartered Accountant also helps in formulating financial
Market: strategy to successfully tap the capital markets and ensure
success for the fund raising plan. Putting together an efficient
Advisory role: The advisory role has evolved from being an
capital structure, creating financial model, profiling business
advisor on tax and related matters to positioning the company
promoters and management and advising on valuation are the
amongst the knowledgeable investors, advising the company
other key ingredients for successful entry into capital market.
on the value chain which they need to pursue etc, and
continued feedback on the key acts which the Company must Chartered Accountants can certainly help in all the above
do to sustain its valuation, attract quality investors interest etc. operations and can act as sounding boards to accomplish
this. Chartered Accountants can work as a regulator either
Audit role: Increasing number of instances of fraud and
for Stock Exchange or SEBI. As a regulator, chartered
corrupt practices in public companies, has resulted not only
accountants can be skillfully employed in policymaking,
in depletion of investor’s wealth, but also resulted in loss of
monitoring review, surveillance and investigation.
investor’s confidence. As a regulator of public investments and
finance, SEBI is entrusted with the responsibility to ensure that Role in the IPO Process: To comply with the public issue
the public companies do not defraud and abscond investor’s disclosure norms, SEBI specifies with the issuer company,
wealth. By means of limited reviews, disclosures requirements states and restates financial statements for the last five
and audits, the regulators of companies ensure safety of years of the company going public and Chartered Accountant
investor’s wealth. With the World Company, Dabhol, vanishing must certify all figures and give a comfort letter to the Lead
companies background, the audit role has become increasingly Manager.
more demanding. Independent Directors on the Board of the
Company demands a whole lot of quality inputs to discharge Undertaking Due Diligence: Initial public offerings (IPO)
are often considered to be the ultimate goal for any
entrepreneurial venture. An IPO is offering stock to the public mezzanine capital across a variety of sectors. Deal sizes
on an open market for the first time. Once a company decides have also reached new heights, from sub USD5mn in the
to go public, it needs to pick its IPO team, consisting of the early days to USD50mn and more. A Chartered Accountant
lead investment bank, an accountant and a law firm. The IPO may assist in private equity funding in a number of ways
process officially begins with what is typically called a “kick-off” including:
meeting. All the members of the IPO team plan a time table
Undertaking an Initial appraisal of Management’s
for going public and assign certain duties to each member.
financing proposition
The independent accountant’s role in the IPO process includes
auditing the financial statements, restating them in compliance Preparation and advising on Business Plan
of SEBI requirements, resolving accounting issues. Increasing
emphasis is being placed on the scope of “comfort letters” Business Valuation
which a company’s auditor provides to the underwriters and Preparing financial model
the company’s board as part of their due diligence.
Planning the capital/ funding structure
Commentary on accounting policies and problems, improper
revenue recognition, changes merely for the purpose of Review and appraisal of the terms of deal
inflating profits are a few of the areas where the accountant’s
Negotiation on terms of deal
insight is sought. In many instances, the financial statements
must also be prepared in accordance with U.S. GAAP or a Project management of transaction
reconciliation between the Indian GAAP and U.S GAAP is
required. In many cases, auditors are required to review and Advising on the future plans/ exit route etc.
offer comments on consolidated accounts. Accountants can
also leverage their experience during the planning phase PROJECT FINANCING
to help ensure that the company’s house is in order before
A large number of Chartered Accountants in practice are
the IPO process. Accountants play a key role in advising on/
involved in project financing consultancy to their clients
certifying the following:
and liasioning with different financial institutions. Chartered
Compliance with the corporate governance. Promoter ’s Accountants are playing a leading role in the society and
contribution in a project. are considered as finance advisors, who assist their clients
in every field relating to finance, tax, accounts and banking.
Amount deployed/spent on project. Chartered Accountants, who desire to deal in such line of
activity, should know all the financial institutions, which provide
C o n s u l t a n c y o n I n v e s t o r ’s P r o t e c t i o n : C h a r t e r e d
finances.
Accountants can provide the following services:
Chartered Accountants. It is expected that compulsory audit As per the SEBI Circular No. MRD/DMS/Cir-29/2008 dated
of accounts of members of stock exchange would inculcate October 21, 2008, it has been decided that stock brokers/
a sense of financial discipline in the members of stock trading members/clearing members shall carry out complete
exchanges would also lend creditability to their financial internal audit on a half yearly basis by chartered accountants,
statements and would also result in expansion of professional company secretaries or cost and management accountants
opportunities in this area. who are in practice and who do not have any conflict of
interest.
Courses Offered
• Committee on Capital Market and Investors Protection of ICAI is offering a Certificate Course on Forex and Treasury
Management, for details, please visit https://www.icai.org/new_post.html?post_id=14516&c_id=445
Important Links
• ICAI has issued Several Publications in the above mentioned areas, for details, please visit
https://www.icai.org/post.html?post_id=6651
• Details of various Courses Offered can be viewed at https://financialmarket.icai.org/?page_id=1152
• To view the details for empanelment as Financial Education Resource Persons, please visit,
https://www.sebi.gov.in/sebiweb/other/OtherAction.do?doRecognisedFpi=yes&intmId=22
Organisation profile
procurement training with the Joint Certification basis to ROYAL AUDIT OF BHUTAN
the participants of the training programme. These trainings
are meant to enhance the capacity of ICAI members to Audit Empanelment With Royal Audit Authority
participate in procurement opportunities in Bank funded
Projects for various assignments including external/ Member of ICAI can solicit professional work from Bhutan
internal audits; procurement audits/post reviews, and other Government. He has to empanel with Royal Audit Authority
consultancy assignments for firms and individual members of Bhutan. The empanelment procedure takes place once in
of ICAI. four years.
Important Links
For the professional work available for Chartered Accountants, please visit:
• http://projects.worldbank.org/
• https://wbgeconsult2.worldbank.org/wbgec/index.html
• http://www.bhutanaudit.gov.bt/
• http://www.bhutanaudit.gov.bt/audit-cnt/raa-files/others/Empanelment_firms_Local_India_Sri_Lanka_2018.pdf
Knowledge
of quality or service. The nature of work requires advanced
analytical and specialized skills.
It is critical for companies to be able to retain the employees Research & Development – Research could be through
they hire. web-based market research solutions, secondary
research methods, Government Publications, General
As the BPO and KPO industry has to deal on an
Press, Industry Journals, Trade Associations, Public
international level, it is exposed to international laws and
Company Filings, Investment Brokerages and
regulations characterised by intense litigation.
Information Services, Newsgroups and UseNet. Other
Skills required for Indian chartered accountants: related services could be:
Able to adapt to the latest technology and use of tools Financial Analysis
and software Forecasting, Budgetary and decision support
As a KPO, professionals can render services in the following Consolidation and analysis
ways:
MIS reporting
Finance and accounts – services can be rendered in
areas similar to the following: Financial planning and analysis
Services pertaining to legal matters Education and related services – knowledge is power
and is the only thing that increases with giving. Some of
Advice on the formation of e-Contracts
related services that professionals can contribute in are:
Legal research
Education
Documentation, reviewing documents and agreements,
Training & Consultancy
litigation matters, reporting requirements (drafting and
reviewing reports required under various laws)
Other services
Advice on existing and developing legal and regulatory
Valuation of companies
requirements-domestic and international
Evaluation of potential Mergers and acquisitions
Domain name registration
Preparation of company profiles/reports
Advice on the risks and liabilities involved in electronic
linkage to third party sites and the formation of third Transitioning financial information between accounting
party alliances standards
Transfer pricing
Important Links
• National Association of Software and Service Companies https://www.nasscom.in/
• Department of Information Technology, Ministry of Communications and Information Technology https://meity.gov.in/
Small and The Micro, Small and Medium Enterprises Development Act,
Medium Enterprises
2006 (27 of 2006) came into force from 2nd October, 2006. The
MSMED Act, 2006 provides for facilitating the promotion and
development and enhancing the competitiveness of Micro, Small
(SME) Sector and Medium Enterprises and for matters connected therewith.
The Micro, Small and Medium Enterprises have been classified
broadly into two categories:
Manufacturing; and
MSMEs even though small in size, are an enterprise, their varied knowledge are the ideal person to assist
and a huge list of laws of the country become applicable the MSMEs in this respect.
to them. The entrepreneurs may not necessarily have
Assistance in obtaining several clearances or permissions
such technical knowledge and expertise to comply with
depending upon the nature of unit and products
the innumerable requirements expected of the MSMEs.
manufactured.
The Chartered Accountants being aptly equipped with
Important Links
• Website related to Micro, Small and Medium Enterprises (MSME) of India at https://msme.gov.in/
• Details of SME Networks can be viewed at http://www.smenetworks.net/
• Website of Federation of Indian Micro & Small and Medium Enterprises (FISME) can be viewed at
http://www.fisme.org.in/; http://laghu-udyog.gov.in/
• Website of Development Commissioner, MSME and Ministry of MSME can be viewed at http://laghu-udyog.gov.in/
• Website of SME Rating Agency can be viewed at https://www.smeraonline.com/
Co-operative Banks)
Legislature of a State may, by law, make provisions with
respect to the maintenance of accounts by the co-operative
societies and the auditing of such accounts at least once
in each financial year. Also it provides that the minimum
qualifications and experience of auditors and auditing firms
that shall be eligible for auditing accounts of co-operative
societies has to be laid down by the Legislature of a State.
Due to this, various States have amended their respective
Cooperative Societies Act, to include the provisions as per the
Constitutional Amendment Act.
Management/Internal audits
Important Links
• Committee for Co-operatives and NPO Sectors of ICAI is offering a Certificate Course on Cooperatives, for details, please
visit https://www.icai.org/new_post.html?post_id=3581&c_id=81
Liaison Offices and Branch offices should submit Annual Valuation of shares in certain cases.
Activity Certificates from Chartered Accountants.
Assistance to Non Resident Indians who have or intend to have
ECB 2-Reporting of actual transactions of External investments in India
Commercial Borrowings (ECB) under Foreign Exchange
Assistance to Non-residents who intend to set up business in
Management Act, 1999 (for all categories and any
India
amount of loan).
Assistance to Non Residents returning back to India
Form 83–Reporting of loan agreement details under
Foreign Exchange Management Act, 1999. Assistance to Emigrating Indian or new NRI
Certificate to be submitted along with Form FC-TRS
Declaration regarding transfer of shares/compulsorily
2. FOREIGN CONTRIBUTION (REGULATION)
and mandatorily convertible preference shares (CMCPS)/
ACT, 2010
debentures/others by way of sale from resident to non Foreign Contribution (Regulation) Act, 2010 (FCRA, 2010)
resident/non-resident to resident. is a consolidated legislation; to regulate the acceptance and
utilisation of foreign contribution or foreign hospitality by
Certificate from Chartered Accountant certifying the
certain individuals or associations or companies and to prohibit
net owned funds as on the date of application and
acceptance and utilisation of foreign contribution or foreign
calculation thereof to be enclosed along with application
hospitality for any activities detrimental to the national interest
form for FFMC license under section 10(1) of FEMA,
and for matters connected therewith or incidental thereto. The
1999.
Act provides to correct the shortfalls in the predecessor act of
A certificate from a Chartered Accountant showing 1976. The flow of foreign contribution to India is henceforth
how the remittable amount has been arrived at and regulated under this Act, Rules and other notification/orders
that all liabilities of the estate in India have been met etc., issued there under, as available at the website “fcra.online.
or adequately provided for, is to be submitted along nic.in”. The individuals or HUFs or associations or companies
with application for remittance of legacies, bequests or receiving foreign contribution are required to exercise extreme
inheritances to beneficiaries resident outside India. care and caution while dealing with foreign contribution from the
time of its receipt to its final utilization.
Return to be filed by an Indian company who has
arranged issue of GDR/ADR is required to be certified An association permitted to accept foreign contribution is
by a Chartered Accountant. required under law to maintain separate set of accounts
and records exclusively for the foreign contribution received
Repatriation of current income like rent, dividend,
and submit an annual return, duly certified by a Chartered
pension, interest, etc. of Non-Resident Indians who do
Accountant, giving details of the receipt and purpose-wise
not maintain an NRO account in India will be allowed
utilization of the foreign contribution duly accompanied with
based on certification by a Chartered Accountant,
scanned copies of income and expenditure statement, balance
certifying that the amount proposed to be remitted is
sheet and statement of receipt and payment, which is certified
eligible for remittance and that applicable taxes have
by a Chartered Accountant. Submission of a ‘NIL’ return, even
been paid or provided for. (Master Circular No. 04/2009-
if there is no receipt/utilization of foreign contribution during
10 dated July 1, 2009 on Remittance Facilities for
the year, is mandatory. However, in such case, certificate from
Non-Resident Indians/Persons of Indian Origin/Foreign
Chartered Accountant, audited statement of accounts is not
Nationals).
required to be uploaded.
Consultancy with regard to realization and repatriation of foreign
As Chartered Accountants audit the accounts of the
exchange.
associations and certify the accounts before submission to
Taxation aspects. the Government, they are required to provide proper guidance
to the associations who are either applying for grant of
Applications to RBI. prior permission/registration or who have been granted prior
Foreign exchange derivative contracts. permission/registration under FCRA, 2010.
Obtaining Government Approval wherever required. Chartered Accountants may provide assistance to the
associations in the following areas:
Adherence to compliances in matters of borrowing and lending
in foreign exchange, if permitted by RBI. Verify, whether the associations are eligible to receive
foreign contribution.
Consultancy on Issue of Foreign Currency Convertible Bonds
(FCCBs), American Depository Receipt (ADRs), Global Guide the applicant organization in submission of
Depository Receipt (GDRs) etc. application for registration/prior permission.
The Act applies to all goods and services, excluding goods Assistance in preparing defence strategies in anti-
for resale or for commercial purpose and services rendered dumping investigation
free of charge and under a contract for personal service. The
Negotiations for price undertakings, cost records and
provisions of the Act are compensatory in nature.
financial implications etc. in the matter of initiation of
It covers public, private, joint and cooperative sectors. The Act the case or in the defence of a case initiated and on
enshrines the rights of the consumer such as right to safety, participating in the proceedings and minimizing the
right to be informed, right to be heard, and right to choose, right liabilities, both prior to and after the initiation of the
to seek redressal and right to consumer education. formal proceedings.
International pricing analysis RTI Act came into force on the 12th October, 2005. The Act
gives right to access information held by “public authorities”.
Detailed cost accounting analysis It covers all the constitutional authorities, including executive,
Large-scale database analysis legislature and judiciary; any institution or body established or
constituted by an act of Parliament or a state legislature. It is
Price monitoring analysis also defined in the Act that bodies or authorities established or
constituted by order or notification of appropriate government
Competitive industry analysis
including bodies “owned, controlled or substantially financed”
Statistical analysis by government, or non-Government organizations “substantially
financed, directly or indirectly by funds”.
Expert financial analysis and testimony before the
Department of Commerce Professional opportunities for Chartered Accountants in this
area include:
B. Anti-Subsidy Duties
Maintenance of records (Section 4(1)(a))
Analyzing the counter availability of a foreign
Preparation of details of publication (Section 4(1)(b))
Government’s subsidising exports
Audit on compliance of legal issues
Examining the legal and economic aspects of various
subsidy programmes which are actionable under the Establishing internal controls
W.T.O agreements on subsidies.
Monitoring and sending progress reports at regular
Preparing comprehensive financial and substantive intervals
representations for the defence and/or initiation of a case
Assistance in filing Application and Appeals.
C. Safeguard Duties
7. RECOVERY OF DEBTS DUE TO BANKS AND
Safeguard duties are temporary measures in defence of FINANCIAL INSTITUTIONS ACT, 1993
the domestic industry which is injured or has potential
threat of injury due to sudden surge in imports. Banks and financial institutions have been experiencing
considerable difficulties in recovering loans and enforcement
To formulate a complete strategy, carry out market of securities charged with them. The procedure for recovery
research and prepare a comprehensive report for of debts due to the banks and financial institutions, which is
initiation and/or defence of a Safeguard Duty case. being followed, has resulted in a significant portion of the funds
being blocked. The Committee on the Financial System has
5. DISPUTE SETTLEMENT PROCEEDINGS considered the setting up of the Special Tribunals with special
powers for adjudication of such matters and speedy recovery
Assessing WTO consistency of trade barriers
which is critical to the successful implementation of the financial
Preparation of arguments and evidence for WTO dispute sector reforms.
settlement proceedings
An urgent need was, therefore, felt to work out a suitable
Advice and strategies for multilateral and bilateral trade mechanism through which the dues to the banks and financial
negotiations institutions could be realised. In 1981 a committee had
examined the legal and other difficulties faced by banks and
Providing expert analysis and opinions financial institutions and suggested remedial measures including
Providing realistic assessments on whether measures changes in law. This committee also suggested setting up of
can be challenged in the WTO. Special Tribunals for recovery of dues of the banks and financial
institutions by following a summary procedure.
Preparing and presenting evidence before anti-dumping
administrations or in WTO disputes. Keeping in view the recommendations of the above
Committees, the Recovery of Debts due to Bank and Financial
6. RIGHT TO INFORMATION ACT 2005 Institutions Bill, 1993 was introduced in the Parliament.
The Right to information Act to provide for setting out the 8. LABOUR LAWS
practical regime of right to information for citizens to secure
access to information under the control of public authorities, At present, there are 44 labour related statutes enacted by the
in order to promote transparency and accountability in the Central Government dealing with minimum wages, accidental
working of every public authority, the constitution of a Central and social security benefits, occupational safety and health,
Information Commission and State Information Commissions conditions of employment, disciplinary action, formation of trade
and for matters connected therewith or incidental thereto. The unions, industrial relations, etc.
The list of Central Acts is given below. The State Governments The Building and Other Construction Workers Cess Act,
are also empowered to enact legislations, as labour is a subject 1996 28. The Apprentices Act, 1961
in the concurrent list under the Constitution of India.
The Factories Act, 1948
The Dock Workers (Safety, Health and Welfare) Act, The Sales Promotion Employees (Conditions of Service)
1986 Act, 1976
The Iron Ore Mines, Manganese are Mines and Chrome The Weekly Holidays Act, 1942
are Mines Labour Welfare (Cess) Act, 1976
The Working Journalists and Other Newspapers
The Iron Ore Mines, Manganese are Mines and Chrome Employees (Conditions of Service) and Miscellaneous
are Mines Labour Welfare Fund Act, 1976 Provisions Act, 1955
The Mica Mines Labour Welfare Fund Act, 1946 The Children’s (Pledging of Labour) Act, 1938
The Beedi Workers Welfare Cess Act, 1976 The Workmen’s Compensation Act, 1923 (now renamed
as the Employees Compensation Act, 1923)
The Limestone and Dolomite Mines Labour Welfare Fund
Act, 1972 The Employment Exchange (Compulsory Notification of
Vacancies) Act, 1959
The Cine Workers Welfare (Cess) Act, 1981
The Bonded Labour System (Abolition) Act, 1976
The Beedi Workers Welfare Fund Act, 1976
The Beedi and Cigar Workers (Conditions of Employment)
The Cine Workers Welfare Fund Act, 1981 Act, 1966
The Child Labour (Prohibition and Regulation) Act, 1986 The Employees Liability Act, 1938
The Building and Other Constructions Workers’ The Unorganized Workers Social Security Act, 2008
(Regulation of Employment and Conditions of Service)
Act, 1996 The objective of Labour Law Audit is to identify areas of non-
compliance and offer recommendations to facilitate continuous
The Contract Labour (Regulation and Abolition) Act, 1970 improvement and compliance.
The Equal Remuneration Act, 1976
The purview of such audit will be as follows:
The Industrial Disputes Act, 1947
To check compliance with the prevailing local Labour and
The Industrial Employment (Standing Orders) Act, 1946 Industrial Laws. This would cover a broad spectrum of
workplace issues including child labour, contract labour,
The Inter-State Migrant Workmen (Regulation of
women’s rights, harassment and abuse, wage and
Employment and Conditions of Service) Act, 1979
overtime violations and health and safety hazards.
The Labour Laws (Exemption from Furnishing Retu rns
Examine compliance with the laid down policies and
and Maintaining Registers by Certain Establishments)
procedures of the Company.
Act, 1988.
energy auditor for the industry is an external party. Chartered Some of the key roles that a Chartered Accountant can play
Accountants as energy auditor can quantify energy costs and include:
quantities, correlate trends of production or activity to energy
Specialized guidance in designing Code of Corporate
costs, devise energy database formats to ensure they depict
Governance
the correct picture-by production, department, consumer etc.,
advise and check the compliance of the organisation for policy Specialized guidance in designing Risk Management
and regulation aspects, highlight areas that need attention for Framework
detailed investigations, conduct preliminary and detailed energy
audits which should normally include the following: Specialized guidance in designing Internal control
framework
Data collection and analysis
Specialized guidance in designing whistle blower
Measurements, mass and energy balances policy
Reviewing energy procurement practices Internal Audit of Code of Corporate Governance, Risk
Management Framework, Internal control framework,
Identification of energy efficiency projects and techno-
Whistle blower policy
economic evaluation
Compliance of Internal Audit of clause 49
Establishing action plan including energy saving targets,
staffing requirements, implementation time requirements, Statutory auditor’s Certificate regarding compliance of
procurement issues, details and cost estimates conditions of corporate governance as stipulated in sub-
clause VII(1) of clause 49
Recommendations on goal setting for energy saving,
record keeping, reporting and energy accounting, Management Audit pertaining to various regulatory,
organisation requirements, communications and public statutory or listing requirements (Item 15 of Annex. 1A
relations of clause 49)
10. ROLE OF CA’S IN CORPORATE GOVERNANCE Effective role as chairman of audit committee
Corporate Governance can generally be understood to be Effective role as independent director [clause 49 I(A)(iii)
a systematic process by which companies are directed and meeting (a-f) criteria]
controlled to ensure that they are managed in the manner that Assessment of internal control function under clause 49
meets stakeholders’ aspirations and societal expectation. This V-CEO/CFO Certification.
leads to the corporate governance philosophies of: Trusteeship;
Transparency; Empowerment & Accountability; Control and As a consultant giving specialized guidance to the management,
Ethical Corporate behavior. It is hence a powerful engine for regular and speedy updates on all applicable provisions,
social and economic transformation. It is a system of making evaluating future growth potential and in taking proactive actions
management accountable to the shareholders for effective in the interests of the company.
management of the companies, in the interest of the company
and also with adequate concern for ethics and values.
How To Register
The members may fill the online ‘Application Form for
Empanelment as a Technical Reviewer’ which is available on
the website of the Institute at
http://eforms.icai.org/icaionlineform/frmfrbb.aspx.
Further, after filling the Form online, a duly signed hard copy
of the same may be send to the undersigned at the address
mentioned therein.
Scale Of Honorarium
There is a provision for payment of an honorarium of ` 10,000/-
as well as 3 CPE Hours per annual report reviewed.
Currently, more than 100 Chartered Accountants are (c) should have furnished a declaration to the following
already empanelled as Technical Reviewers with the effect: -
Quality Review Board.
(i) that no disciplinary action is pending against him.
A Reviewer shall not accept any professional assignment from Review of Study Material - ` 100 per page and ` 150
the Practice Unit for a period of two years from the date of per page of addition suggested.
appointment.
Faculty in GMCS classes and Orientation Programmes
- ` 750 to ` 1500 per 90 minutes.
Scale of reimbursement
In exercise of power vested in the Peer Review Board by the 5. EXAMINATION COMMITTEE
Statement on Peer Review, the Board hereby notifies that the
cost of Peer Review for Stages-I, II, III, including honorarium Exam Paper Setting
and TA/DA for reviewer and his qualified assistant, shall be as
under: ICAI also empanels Chartered Accountants for Exam Paper
setters at all levels.
Total Revenue from Attestation service clients of practice unit
(Per Annum) Cost Experience: An examiner who has a consistent good track
record for more than 5 years is invited to take up the
Amt. in ` assignment.
The cost of Peer Review is to be calculated on the basis of Paper-Setters (2, 3 & 6) ` 15,000/-
average revenue earned by the Practice Unit during the period
of review at all its units i.e., Head Office and Branches. The (1 & 5) ` 18,000/-
average revenue from assurance services will determine the (4A, 4B, 7A & 7B) ` 9,000/-
cost of peer review as per the table above. Peer Review is a
one-time procedure for the period covered under review and Moderator (Full Paper) ` 25,000/-
therefore the fees payable for the services is a one-time fees
Moderator (Half Paper) ` 15,000/-
payable for the review. Consolidated Cost of Peer Review is
paid by the Practicing Unit to the reviewer for the total period
reviewed and not for the per year basis. In this regard, it may CA Foundation Exam :
also be clarified that the total revenue from the assurance
Paper-Setters (1 & 2) ` 12,000/-
services for the three financial shall be clubbed and average
of the same would be taken to arrive at the fee payable which (3 & 45) ` 150/- (per question)
shall be payable as per the notification.
Moderator (1 & 2) ` 15,000/-
For empanelment please visit
(3 & 45) ` 12,000/-
https://www.icai.org/post.html?post_id=1704
Video lecturing to Students of CPT, Inter and Final – Chartered Accountants with a minimum of four years
` 4000-` 6000 per hour. standing in practice or in service are eligible.
Articles in ICAI Journal - ` 5,000 per published article. University Lecturers/Professors with a minimum of five
years teaching experience are eligible.
Articles in Students Newsletter - ` 2,500 per published
article. ICWA, ACS, M.Com, Post Graduates in Economics or
Law, Lawyers, IT Professionals, MBA (Finance) and other
Review of article to be published in Students’ Newsletter professionals with at least five years’ experience, either
- ` 1000.
Final
7. OTHER OPPORTUNITIES IN ICAI
Physical answer books 160/-
One can act as Resource Person in Study Groups.
Digital/Central Evaluation 190/-
Faculty in in-house Executive Development Programmes.
Intermediate (Full paper)
For contribution on Technical Publications on varied
Physical answer books 125/- subjects – ` 25,000 to ` 60,000.
Digital/Central Evaluation 150/- Faculty in Certificate courses and PQ courses conducted
Intermediate (Half paper) by ICAI, ` 1,000-` 3,000 per hour. one can act as Paper
Setter and Examiner in the examinations conducted
Physical answer books 90/-
arising out of above PQ and Certificate Courses –
Digital/Central Evaluation 100/- Honorarium ranges around ` 6000 to ` 1000 for paper
setting, ` 50-100 for examinership.
Foundation
Physical answer books 100/-
ICAI supports its Members & Students with various tool kits for
the effective management of their Offices, Auditing Tools for
managing their Practices and knowledge updation kits.
OFFICE MANAGEMENT
https://icai.org/post.html?post_id=11505
https://www.icai.org/new_post.html?post_id=15286.
Householder’s Insurance For Members Of ICAI CCBMP has arranged the portal kb.icai.org gateway to ICAI
Knowledge Bank for Consolidation of all the Publications of
The CCBMP is arranging in the form of specially designed ICAI. The portal in such a way designed for search/Advance
Householder’s Insurance through the New India Assurance search facility and management of publications, the portal has
Company Limited, New Delhi for Members of ICAI. The also featured in the said portal such as user will be able to
Householder’s Insurance policy will cover insurance of building search uploaded documents with a key phrase.
and contents against fire & allied perils inclusive STFI & EQ,
housebreaking including larceny & theft, jewellery & valuables, Please visit at http://kb.icai.org/
employers liability (WC) on annual wages etc.
ICAI CONNECT – A SELF-SERVICE PORTAL FOR International Trade Laws & World Trade Organisation
MEMBERS OF ICAI (ITL & WTO)
Under the facility, any member desiring to establish the Certificate Course on ADR (Arbitration, Mediation &
proprietorship firm will get options of Firm Names online. With Conciliation)
this system, manual involvement has been eliminated and (https://www.icai.org/post.html?post_id=11739)
hence, would be saving precious time of our members. Please Certificate Course on Anti Money laundering Laws
visit at http://sdb.icai.org. (Anti- Money Laundering Specialist)
(https://www.icai.org/post.html?post_id=11740)
UNIQUE DOCUMENT IDENTIFICATION NUMBER
(UDIN) Certificate Course on Cooperatives
(https://www.icai.org/post.html?post_id=12625)
It has been noticed that financial documents/ certificates
attested by third person misrepresenting themselves as CA Certificate Course on Not-for-Profit Organizations (NPOs)
Members are misleading the Authorities and stakeholder. ICAI (https://www.icai.org/post.html?post_id=12631)
is also receiving number of complaints of forged signatures.
Certificate Course on Wealth Management and
To curb the malpractices, the Professional Development
Financial Planning
Committee of ICAI has implemented an innovative concept of
(https://www.icai.org/new_post.html?post_id=11179&c_id=240)
UDIN i.e. Unique Document Identification Number to secure the
certificates/documents attested/certified by practicing Chartered Certificate Course on Enterprise Risk Management
Accountants which is being made mandatory as per Council (https://www.icai.org/post.html?post_id=4287)
decision with effect from 1st February, 2019 in phased manner.
Certificate Course on Concurrent Audit of Banks
Full time Practicing CAs can register them by visiting at (https://www.icai.org/post.html?post_id=8236)
https://udin.icai.org/ and generate UDIN by registering the
Certificate Course on Internal Audit
certificates/documents attested/certified by them.
(https://www.icai.org/post.html?post_id=7606)
VARIOUS COURSES/CERTIFICATES OF ICAI Certificate Course on Master in Business Finance
(https://www.icai.org/post.html?post_id=4092)
Courses provided by ICAI that enhances values for a CA in
practice. Certificate Course on International Taxation
(https://www.icai.org/post.html?post_id=3859)
Institute of Chartered Accountants of India conducts several
professional courses for its qualified members (available at Certificate Course on Forensic Accounting and Fraud
https://www.icai.org/new_post.html?post_id=3581&c_id=81). Detection (https://www.icai.org/post.html?post_id=3797)
These courses not only enhance professional competence
of the members but also lets them undertake variety of Certificate Course on Indian Accounting Standards
professional work. Some of these courses are as under: Ind AS)
(https://www.icai.org/post. html?post_id=3562&c_id=266)
Diploma in Insurance and Risk Management (DIRM)
(https://www.icai.org/new_category.html?c_id=97) Certificate Course on Forex and Treasury Management
(https://www.icai.org/post.html?post_id=3552&c_id=266)
Information Systems Audit (ISA)
(https://www.icai.org/new_category.html?c_id=95)
Annexure 1
Policy of Empanelment of CA Firms/LLPs and
Selection of Auditors of PSUs by C&AG
Experience of the firm/LLP 0.5 point for every calendar year - Maximum 15. (Counted from the date of constitution
of the firm/LLP with one full time FCA or date of joining of the firm/LLP by the existing
partner having the longest association with the firm/LLP whichever is later.)
Full Time FCA Partners 5 points each for first 5 partners and 2.5 points each from 6th partner onwards
Full Time ACA Partners 3 points each for first 5 partners (including FCA partners) and 1.5 points each from 6th
partner onwards
Points for long association with the 5 points for each partner above 25 years
same firm/LLP
4 points for each partner above 20 years
3 points for each partner above 15 years
2 points for each partner above 10 years
1 point for each partner below 10 Years but above 5 Years
Full Time CA Employees 1 point each for first 20 C.A Employees – Maximum 20 points
CISA/ISA Qualified Full Time Partners 2 points each for three partners – Maximum 6 points
CISA/ISA qualified Full Time Chartered 1 point each – Maximum 3 points for 3 employees
Accountant Employees
Turnover of the firm/LLP4 Maximum 5 points
Selection of Firms/LLPs for Appointment as own name or engaged in practice otherwise or engaged
Auditors where Audit Fee is above ` 1.50 lakh in other activity which would be deemed to be in
(Major Audits) practice under Section 2(2) of the Chartered Accountants
Act, 1949.
(a) Criteria for short-listing eligible firms/LLPs of CAs for
allotment of Major audits are as under: (c) (i) Partners whose total compensation @ from the
firm/LLP is below the following limit:
(i) The firm/LLP should have at least 6 CAs (out
of which 5 should be full time partners and one Head office of the firm/LLP located in Delhi, Mumbai,
could be a full time paid CA employee), which is Chennai, Kolkata, Bangalore and Hyderabad:
indicative of capacity to handle big audits.
ACA partner ` 1.80 lakh in a year (` 15000/- per
(ii) At least one partner should have an association month)
of 10 years or more with the firm/LLP and at least
3 partners of the firm/LLP should have an FCA partner ` 3.00 lakh in a year (` 25000/- per
association of 5 years or more with the firm/ month) Head office of the firms/LLP
LLP and the remaining two should have an located other Places:
association of one year or more with the firm/LLP,
Head office of the firms/LLP located other places:
to demonstrate stability over time.
(iii) The firm/LLP itself should have been in existence ACA partner ` 1.20 lakh in a year (` 10000/- per
for 10 years or more, to prove that it is a well month)
established firm/LLP.
FCA partner ` 1.80 lakh in a year (` 15000/- per
(b) Allotment of major audits is based not only on the size month)
of the firm/LLP considering the number of partners, and
their association with the firm/LLP, number of Chartered (c) (ii) A partner whose individual percentage share in
Accountant employees, and the Zone in which the firms’/ the total compensation@ is less than:
LLPs’ head office is located but also on the basis of
factors such as sectoral experience, service tax paid Firms/LLPs having more than 14 partners 1%
by the firm/LLP on assurance services, capability of Firms/LLPs having 10 to 14 partners 3%
handling big audits, past performance, eligibility of the
Firms/LLPs having 5 to 9 partners 5%
firm/LLP to conduct a particular audit, location of the
firm’s/LLP’s branch offices etc. Firms/LLPs having less than 5 partners 8%
A person who is @Total compensation = Sum total of share of profit,
(a) a partner in other firms/LLPs remuneration and interest on capital of all the partners from
the firm/LLP.
(b) Employed full time/part time elsewhere, practicing in their
Source:
Annexure 2.1
Norms on Eligibility, Empanelment and Selection of
Statutory Central Auditors (SCAS) in Public Sector Banks
from the Year 2018-19 and Onwards
3 years or more on the Board of any public sector bank Procedure for Appointment of Statutory Central
then his/her such experience for a maximum period of Auditors (SCAs) in Public Sector Banks
three years will be considered as bank audit experience,
provided such experience has not been earned by him/ 1. The number of SCAs to be appointed in Public Sector
her concurrently i.e., when his/her firm was assigned Banks (PSBs) will be as under:
statutory audit of any PSB, select all India financial i) Category “A” Banks (Large Banks viz., Bank of
Institutions or RBI.) Baroda, Bank of India, Canara Bank, Punjab
(v) The firm should have statutory audit experience of National Bank, Central Bank of India, IDBI Bank
5 years of the Public Sector Undertakings (either Central and Union Bank of India) shall not have more than
or State Government undertaking). 6 SCAs. However, in case of SBI the number of
SCAs shall not be more than 14.
(While calculating such experience, more than one
assignment given to a firm during a particular year or ii) Category “B” Banks (Medium Banks viz,. Allahabad
more than one year’s statutory audit (audits in arrears) Bank, Corporation Bank, Indian Bank, Indian
assigned to the firm will be reckoned, as one year Overseas Bank, Oriental Bank of Commerce,
experience only, for the purpose of counting such Syndicate Bank and UCO Bank) shall not have
experience.) more than 5 SCAs, and;
(vi) At least two full time partners of the firm or its paid full iii) Category “C” Banks (Small Banks viz., Andhra
time Chartered Accountants must possess CISA/ISA Bank, Bank of Maharashtra, Dena Bank, Punjab &
qualification. Sind Bank, United Bank of India and Vijaya Bank)
shall not have more than 4 SCAs.
(vii) In case of merger and demerger of firms, merger effect
will be given after 2 years of merger while demerger will Actual numbers of SCAs to be appointed can be decided
be effected immediately. by respective boards subject to the above limit.
Note- 2. The cooling off period after completing the term of three
years as SCA will be of three years.
1. C&AG will empanel the Audit Firms based on the above
parameters as on January 1 of the relevant year and 3. The appointment of SCAs will be made on an annual
send the panel to RBI. basis, subject to their fulfilling the eligibility norms
prescribed by RBI from time to time and also subject
2. If any audit firm empanelled by C&AG with the position to their suitability.
as on January 1 undergoes change in its constitution
after empanelment date, the audit firm will take all 4. The Government has decided that from the financial
necessary steps to become eligible within a reasonable year 2014-15, selection and appointment of SCAs is
time and in any case, audit firm should be complying delegated to individual Public Sector Banks.
with above norms [Para 1(i) to (vii)] on eligibility, 5. The procedure that will be followed for selection of SCAs
empanelment and selection of Statutory Central Auditors by the PSBs is as under:
in Public Sector Banks hosted on RBI website before
the following events: a) The eligible list of firms furnished by C&AG
every year will be subjected scrutiny by RBI
a. Appointment of the audit firms by the PSBs for identifying the continuing, rested and non-
as SCAs. For this, the audit firm while giving continuing firms and excluding audit firms against
consent to PSB for appointment may ensure that whom adverse remarks/disciplinary proceedings
it complies with the norms. are pending or who have been denied audit.
b. Before commencement of Annual Statutory Audit b) RBI will verify that the firm has minimum bank audit
for Financial Year ending 31st March and till the experience of 15 years from its records.
completion of annual audit.
c) RBI will prepare separate list of rested, continuing
c. Quarterly Review of Accounts as on June 30, and non continuing eligible audit firms after
September 30 and December 31 every year till its excluding the name of firms who have been
completion. denied audit by RBI/C&AG and the firms who
In case any audit firm (after appointment) does not comply have declined the offer of appointment given by
with any one of the norms (on account of resignation, death Public Sector Banks. The list of non continuing
etc. of any of the partners, employees etc.), it may promptly eligible audit firms will be further split up into list
approach the PSB with full details. The PSB in turn may of experienced audit firms and new audit firms.
approach RBI.
An ‘Experienced’ firm is one which has a Statutory vi. PSBs will make parameters for short listing
Central Audit experience of any of the Public the audit firms.
Sector Banks and ‘New Firm’ is one who does not
vii. If any partner of a Chartered Accountant
have such experience.
firm is a non-official director in any PSB, no
Reserve Bank will be giving Public Sector Banks partner of the same firm be appointed as
(i) List of continuing firms (i.e., the list of audit Statutory Central Auditor of any PSB.
firms who have not completed three years of audit
The above parameters may be approved by the Board.
(ii) List of eligible, non continuing audit firms in
two parts viz., experienced audit firms and new PSBs will prepare list of shortlisted audit firms in terms
audit firms. of above parameters.
d) The allotment of vacancies of SCAs shall be in PSBs will obtain the willingness in writing from above
the ratio of 60:40 between ‘Experienced‘ and ‘New’ shortlisted audit firm(s) to accept the assignment of
audit firms. As regards ratio of 60:40, banks will Statutory Central Audit work.
round the number to the nearest round number
and choose auditors from the ‘Experienced’ and In the willingness letter, it should be clearly mentioned
‘New’ firm list. that there is no commitment on the part of PSBs to allot
the Statutory Central Audit work to the auditors and the
e) The Office of the Comptroller & Auditor General audit firms are free to give similar willingness to multiple
of India (C&AG) will provide a graded panel. PSBs, if approached by other PSBs.
The audit firms in case of both the panels i.e.,
experienced as well as new firms, will be ranked The list of shortlisted audit firms will be placed before
(highest to lowest) based on the points given by ACB. The ACB will approve adequate number of audit
C&AG. The banks will select the statutory auditors firm (s) in order of preference. The number of audit firms
as per norms from the two panels. For Category approved should be adequate enough to take care of
‘A’ banks, cut off limit for selection of audit firms the situation where some firms may not give consent.
will be 4 times of vacancy in that category while Thereafter, PSBs will approach the audit firms to obtain
for Category ‘B’ banks, cut off limit will be 8 times their consent in writing strictly in order of preference.
of vacancy. Category ‘C’ banks will have the liberty The audit firm should give their consent in writing for
to choose audit firms from the entire panel. The consideration of appointment in the bank concerned
cut offs for category ‘A’ and ‘B” banks, both for for the particular year and the subsequent continuing
experienced as well as new firms, will be indicated years subject to complying with para 3 above. If the
by RBI at the time of forwarding the panels to approached audit firm does not give consent, the bank
banks. will approach the next audit firm in order of preference
f) While making final selection, the PSBs will take for obtaining consent till the time the number of audit
into consideration the following points:— firms who have given the consent equals to number of
vacancies for the particular year.
i. As far as possible, the bank should have at
least two audit firms having their Head Office The consent letter may clearly state that this selection
from the same place where the banks’ HO/ of the audit firms as Statutory Central Auditor is subject
CO is located. This condition is applicable for to approval of RBI and any force majeure events and,
the combined pool of continuing and fresh in such cases, the audit firms will not have any claim
auditors. against the PSBs and RBI. The PSBs may also clearly
mention in the consent letter that appointment is subject
ii. Audit firms are not selected in the PSB from to complying with the stipulated norms on eligibility and
where they last retired (after completing the empanelment issued by RBI from time to time. In the
full term) before going under rest. consent letter, the audit firm should declare that consent
is given to one PSB only.
iii. The firms whose partner/s are on the Boards
of PSBs are not appointed as auditors for the It may also be incorporated in the consent letter that
same PSB. the consent given by an audit firm will be treated as
irrevocable and request, if any, from audit firms for
iv. In case of SBI, only experienced audit firms
changing the bank, after giving its consent to the bank
are considered as SCAs.
concerned will not be entertained.
v. An audit firm is eligible to be appointed as
The list of such selected firms (i.e., the firms who have
a Central/ Branch auditor of only one PSB
given consent in the manner as stated above) who
during a particular year.
have given consent for appointment as statutory central
auditors in PSBs may be placed before the ACB for appointments of SCA for a continuous period of
its concurrence before it is forwarded to RBI for final three years subject to the firms satisfying the
approval. eligibility norms each year. Banks cannot remove
the audit firms during the above period without the
6. Audit firm(s) selected by the PSBs after obtaining
prior approval of the Reserve Bank of India.
consent in writing from the audit firm will be debarred
for a period of 3 years for selection if the firm refuses ii. All PSBs are required to have a Board approved
to accept the appointment without a reasonable ground, policy for appointment of statutory auditors and
that is ground not to the satisfaction of RBI. the same may be hosted on the bank’s website.
Banks are also required to ensure that the policy
7. The above norms will be implemented during the
framed by the Board in the matter of selection of
selection process of SCAs for the year 2018-19 and
auditors/ audit firms for appointment of auditors is
onwards.
strictly adhered to.
8. After selection, as per the statutory requirement, banks,
Note : A full time partner does not include a person who is:
in turn, are required to forward the names of the
selected SCAs to RBI for its prior approval before their (1) A partner in other firms.
actual appointment.
(2) Employed full time/part time elsewhere, practicing in own
9. A feedback on the quality of audit of SCAs may be given name or engaged in practice otherwise or engaged in
by PSBs to RBI after the annual audit of banks. other activity which would be deemed to be in practice
under Section 2(2) of the Chartered Accountants
10. Other guidelines
Act, 1949.
i. In order to protect the independence of the
auditors/audit firms, banks will have to make the
Source: https://rbi.org.in/scripts/bs_viewcontent.aspx?Id=3582
Annexure 2.2
Norms on Eligibility, Empanelment and Selection of
Statutory Branch Auditors (SBAS) in Public Sector Banks
from the Year 2016-17 and Onwards
Category No. of CAs exclusively No. of partners Professional Bank audit experience Standing of
associated with the firm (Full exclusively staff the audit firm
time) associated with the
firm (full time)
(Out of 2)
(1) (2) (3) (4) (5) (6)
I. 5 3 8 The firm or at least one of 8 years
the partners should have
a minimum of 8 years
experience of branch audit of
a nationalised bank and/or of
a private sector bank.
II. 3 2 6 The firm or at least one of 6 years (for
the partners should have the firm or
preferably conducted branch at least one
audit of a nationalised bank partner)
or of a private sector bank for
at least 5 years.
III. 2 1 4 The firm or at least one of the 5 years (for
CAs should have preferably the firm or
conducted branch audit of at least one
a nationalised bank or of a partner)
private sector bank for at
least 3 years
IV. 2 2 2 Not necessary 3 years
Even proprietorship concern
without bank audit experience
may be considered as hitherto.
(The proprietary concerns of
Chartered Accountants with 1
paid CA, 2 professional staff
and not having any statutory
branch audit experience of a
nationalised bank or of a private
sector bank will be treated at
par with the partnership firm
after deducting their 3 years
seniority from the date of their
establishment).
Procedure for Appointment of Statutory Branch appointment that each audit firm can take up audit
Auditors (SBAs) in Public Sector Banks assignment (branch audit) in one PSB only. The audit
firm should give their consent in writing for consideration
1. The norms for selection of branches of PSBs for of appointment in the bank concerned for the particular
statutory audit from the year 2016-17 and onwards will year and the subsequent continuing years.
be based on the following:
The consent given by an audit firm will be treated as
Statutory branch audit of PSBs may be carried out for all irrevocable and request, if any, from audit firms for
branches with advances of ` 20 crore & above and 1/5th changing the bank, after giving its consent to the bank
of the remaining branches covering a representative concerned will not be entertained.
cross section of rural/semi-urban/urban and metropolitan
branches, predominantly including branches which are After the selection of branch auditors, PSBs will be
not subjected to concurrent audit, so as to cover 90% of required to recommend the names of both continuing
advances of a bank. CPUs/LPUs/and other centralized and selected branch auditors to RBI for seeking its prior
hubs by whatever nomenclature called would be approval before their actual appointment, as per statutory
included in the one fifth of the remaining branches requirement.
every year.
3. SBAs will have a maximum tenure of four years. The
In respect of branches below the cut-off point, which are appointment of SBAs will be made on an annual basis,
subject to concurrent audit by chartered accountants, subject to their fulfilling the eligibility norms prescribed by
henceforth, LFARs and other certifications done earlier RBI from time to time and also subject to their suitability.
by SBAs will now be submitted by the concurrent
4. The number of eligible auditors/audit firms is more than
auditors to the Chairman of the bank and such branches
the number of branches to be audited at the following 33
may not generally be subject to statutory audit. The
centres (viz. Mumbai, Kolhapur, Pune, Solapur, Thane,
banks in turn will consolidate/compile all such LFARs
Kolkata, Chennai, Coimbatore, Delhi/ New Delhi, Ajmer,
and other certifications submitted by the Concurrent
Bikaner, Jaipur, Kota, Udaipur, Ahmedabad, Vadodara,
Auditors and submit to Statutory Central Auditor as an
Surat, Hyderabad, Chandigarh, Raipur, Faridabad,
internal document of the bank.
Gurgaon, Panchkula, Panipat, Sonipat, Bangalore,
Going forward, in mutual discussions with GoI and Ernakulam, Indore, Nagpur, Ludhiana, Jodhpur, Bhilwara,
SCAs, based, inter alia, on the operational efficiency and Ghaziabad). In such centres, the auditors/audit firms
and robustness of CBS, system driven identification of will be put to a period of compulsory rest for two years
NPAs, and integrity of MIS, managements of individual after completion of four years of continuous branch audit.
PSBs may decide on the threshold level of advances for In other centres, where the number of eligible auditors/
the purpose of selecting branches for statutory audit. audit firms is less than the number of branches to be
audited, the branch auditors on completion of four years
Progressively, the threshold level of advances may be of continuous branch audit will be subjected to the policy
increased so that the number of branches to be taken of rotation.
up for statutory audit is phased down over a period of
time. 5. While allotting branches, banks are required to select
auditors/audit firms which are in close proximity to their
2. The following procedure will be followed for appointment offices/branches. Banks are also required to have a
of Statutory Branch Auditors (SBAs) in Public Sector suitable mix of various categories of auditors/audit firms
Banks (PSBs): while selecting the branch auditors keeping in view the
The list of eligible auditors/audit firms will be prepared size of the branches to be audited.
by the Institute of Chartered Accountants of India (ICAI) 6. As regards statutory branch audit to be carried out
as per the norms prescribed by RBI. by SCAs, banks will allot the top 20 branches (to be
The above list will be subject to scrutiny by RBI for selected strictly in order of the level of outstanding
identifying the continuing and rested firms and excluding advances) in such a manner as to cover a minimum of
audit firms against whom adverse remarks/disciplinary 15% of total gross advances of the bank by SCAs.
proceedings are pending or who have been denied
audit. General Guidelines Applicable to SBAs
RBI will, thereafter, forward the final list of all eligible (i) All PSBs are required to have a Board approved policy
auditors/audit firms to PSBs for selection. for appointment of statutory auditors and the same
may be hosted on the bank’s web-site. Banks are also
The PSBs will select the required number of branch required to ensure that the policy framed by the Board
auditors/audit firms. Banks will be required to clearly in the matter of selection of auditors/audit firms for
advise the audit firms selected for consideration of
appointment of auditors is strictly adhered to. Further, (iii) In order to protect the independence of the auditors/
the list of firms selected for appointment as statutory audit firms, banks will have to make the appointments
branch auditors may be placed before the ACB/Board of branch auditors for a continuous period of four years
of bank before for its concurrence before it is forwarded subject to the firms satisfying the eligibility norms each
to RBI for final approval. year. Banks cannot remove the audit firms during the
above period without the prior approval of the Reserve
(ii) The policy of one audit firm for one PSB will be
Bank of India.
continued. Accordingly an audit firm will be eligible to be
appointed as a central/branch auditor of only one PSB (iv) The firms whose partner/s are on the Boards of PSBs
during a particular year. are not to be appointed as auditors of the same PSB.
Source: https://www.rbi.org.in/scripts/bs_viewcontent.aspx?Id=946
Annexure 3
Government Schemes
There are a number of Central and State Government systems for programme accounting and can also develop the
Schemes/programme, which are funded by multilateral agencies necessary accounting manuals so that the envisaged systems
or by the Government relating to the basic functions and can be implemented in line with the best practices worldwide.
objectives of the Government. In most cases, such programme As programme auditors, they can also provide auditing and
funds require a precise end-use accounting and auditing assurance services as may be required. Also, Chartered
in order to assure continued access to the total committed Accountants can give a certificate for the end-use of funds.
funds. Chartered Accountants are being utilised for setting up
Annexure 4
Various Tender links of Public Sector Undertakings
Annexure 5
Public Sector Banks
Banks Website
Annexure 6
Private Sector Banks
Banks Website
Annexure 7
Important Links Related to Trade Measures
Particulars Links
Related Websites of Authorities and Organisation International and National relevant for foreign Trade
Particulars Links
Particulars Links
Annexure 8
Important Links Related to Intellectual Property Rights
Copy Right Authority under the Ministry of Human Resource and http://copyright.gov.in/
Development
https://www.cci.gov.in/
Annexure 9
Important Links Related to International Organizations
Business and Industry Advisory Committee for the OECD (BIAC) http://www.biac.org/
Economic Commission for Latin America and the Caribbean (ELAC) https://www.cepal.org/en
Annexure 10
Global Accounting Bodies
Source: https://icai.org/post.html?post_id=2117
Annexure 11
Tendering Guidelines issued by ICAI
*A notification dated 7th April, 2016 issued by the Council of audit and attestation services. However, such restriction
ICAI to monitor the tendering system for attest functions. The shall not be applicable where minimum fee of the
Notification states as under assignment is prescribed in the tender document itself or
where the areas are open to other professionals along
with the Chartered Accountants.
Guideline No. 1-CA(7)/03/2016
(ii) This Guideline shall come into force with immediate
In exercise of the powers conferred on it under Item (1) of
effect.
Part II of the Second Schedule of the Chartered Accountants
Act, 1949, the Council of the Institute of Chartered Accountants The same is available at
of India hereby issue the following guidelines for compliance by
https://www.icai.org/new_post.html?post_id=12547
the members of the Institute –
Frequently Asked Questions (FAQs) on Responding to Tenders
(i) A member of the Institute in practice shall not respond have been prepared for general guidance purpose for members,
to any tender issued by an organization or user of for details, please visit
professional services in areas of services which are
exclusively reserved for chartered accountants, such as http://pdicai.org/docs/Frequently%20Asked%20Questions_18.6.2016_1862016135710211.pdf
Source: https://www.icai.org/new_post.html?post_id=12547
Annexure 12
Revised Minimum Recommended Scale of Fees
for the Professional Assignments done by
the Chartered Accountants
The Committee for Capacity Building of Members in Practice is about the fee to be charged as per the work performed for
(CCBMP) of ICAI as a part of its commitment to strengthen various professional assignments.
the Small & Medium Practitioners has initiated the Revised
The fee has been recommended separately for Class A & Class
Minimum Recommended Scale of Fees for the professional
B cities.
assignments done by members of ICAI. The recommendation
Rates
ii) Partnership Deed (With consultation & Tax Advisory) Rs 20,000/- & Above Rs 15,000/-& Above
(b) Filing of Forms with Registrar of Firms Rs 7,000/- & Above Per Rs 5,000/- & Above Per
Form Form
(c) Supplementary/Modification in Partnership Deed Rs 12,000/- & Above Rs 9,000/- & Above
(d) Joint Development Agreements/ Joint Venture Agreements Rs 12000 & Above (See Rs 9000 & Above (See
Note-1) Note-1)
(e) Others Deeds such as Power of Attorney, Will, Gift Deed etc. Rs 5000 & Above Rs 3000 & Above
(a) Filing of Return of Income with Salary/Other Sources/Share Rs 8,000/- & Above Rs 6,000/- & Above
of Profit
i) Less than 10 Transactions (For Shares & Securities) Rs 11,000/- & Above Rs 8,000/- & Above
ii) More than 10 Transactions (For Shares & Securities) Rs 17,000/- & Above Rs 12,000/- & Above
(c) Filing of Return of Income for Capital Gain on Immovable Rs 32,000/- & Above Rs 22,000/- & Above
property
(d) Filing of Return of Income with Preparation of Bank Rs 12,000/- & Above Rs 9,000/- & Above
Summary, Capital A/c & Balance Sheet.
Rates
II) (a) Partnership Firms/Sole Proprietor with Advisory Services Rs 15,000/- & Above Rs 11,000/- & Above
(b) Minor’s I.T. Statement Rs 8,000/- & Above Rs 8,000/- & Above
ii) With more than 5 Entries Rs 9,000/- & Above Rs 7,000/- & Above
(b) Filing of Form No. 15-H/G ( per Set) Rs 4,000/- & Above Rs 3,000/- & Above
(c) Form No. 49-A/49-B Rs 4,000/- & Above Rs 3,000/- & Above
(d) Any other Forms filed under the Income Tax Act Rs 4,000/- & Above Rs 3,000/- & Above
C. Certificate
Obtaining Certificate from Income Tax Department Rs 14,000/- & Above Rs 10,000/- & Above
(a) First Appeal Preparation of Statement of Facts, Grounds of Appeal, Rs 32,000/- & Above Rs 22,000/- & Above
Etc.
(b) Second Appeal (Tribunal) Rs 65,000/- & Above Rs 45,000/- & Above
E. Assessments etc.
(b) Attending before Authorities Rs 10,000/- & Above Per Rs 7,000/- & Above Per
Visit Visit
(c) Attending for Rectification/Refunds/Appeal effect etc. Rs 7,000/- & Above Per Rs 5,000/- & Above Per
Visit Visit
(d) Income Tax Survey Rs 80,000/- & Above Rs 55,000/- & Above
(f) Income Tax Search and Seizure See Note 1 See Note 1
(a) (i) Registration Under Local Act Rs 25,000/- & Above Rs 17,000/- & Above
Rates
(ii) Societies Registration Act Rs 32,000/- & Above Rs 22,000/- & Above
(b) Registration Under Income Tax Act Rs 25,000/- & Above Rs 18,000/- & Above
(c) Exemption Certificate U/s 80G of Income Tax Act Rs 20,000/- & Above Rs 14,000/- & Above
(d) Filing Objection Memo/other Replies Rs 10,000/- & Above Rs 7,000/- & Above
(e) Filing of Change Report Rs 10,000/- & Above Rs 7,000/- & Above
(f) Filing of Annual Budget Rs 10,000/- & Above Rs 7,000/- & Above
(g) Attending before Charity Commissioner including for Attending Rs 8,000/- & Above per Rs 6,000/- & Above per
Objections visit visit
(h) (i) F.C.R.A. Registration Rs 35,000/- & Above Rs 25,000/- & Above
(a) Filing Application for Name Approval Rs 8,000/-& Above Rs 6,000/- & Above
(b) Incorporation of a Private Limited Company/LLP Rs 35,000/- & Above Rs 25,000/- & Above
(c) Incorporation of a Public Limited Company Rs 65,000/- & Above Rs 45,000/- & Above
(d) Advisory or consultation in drafting MOA, AOA Rs 15,000/- & Above Rs 12,000/- & Above
(e) (i) Company’s/LLP ROC Work, Preparation of Minutes, Statutory See Note 1 See Note 1
Register & Other Secretarial Work
(ii) Certification (Per Certificate) Rs 15,000/- & Above Rs 10,000/- & Above
(f) Filing Annual Return etc. Rs 10,000/- & Above per Rs 8,000/- & Above per
Form Form
(g) Filing Other Forms Like : F-32, 18, 2 etc. Rs 5,000/- & Above per Rs 4,000/- & Above per
Form Form
(h) Increase in Authorised Capital Filing of F-5, F-23, preparation of Rs 25,000/- & Above Rs 20,000/- & Above
Revised Memorandum of Association/Article of Association/LLP
Agreement
(i) DPIN/DIN per Application Rs 4,000/- & Above Rs 3,000/- & Above
(j) Company Law Consultancy including Petition drafting See Note 1 See Note 1
(k) Company Law representation including LLP before RD and NCLT See Note 1 See Note 1
Rate per day would depend on the complexity of the work and the
number of days spent by each person
(i) Principal Rs 18,000/- & Above per Rs 12,000/- & Above per
day day
(ii) Qualified Assistants Rs 10,000/- & Above per Rs 8,000/- & Above per
day day
Rates
(iii) Semi Qualified Assistants Rs 5,000/- & Above per Rs 4,000/- & Above per
day day
(iv) Other Assistants Rs 3,000/- & Above per Rs 2,000/- & Above per
day day
(a) Small Pvt. Ltd. Co. (Turnover up to Rs. 2 Crore) Rs 50,000/- & Above Rs 35,000/- & Above
(b) Medium Size Pvt. Ltd. Co./ Public Ltd. Co. Rs 80,000/- & Above Rs 55,000/- & Above
(c) Large Size Pvt. Ltd. Co./ Public Ltd. Co. See Note 1 See Note 1
(iii) Review of TDS Compliance Rs 25,000/- & Above Rs 20,000/- & Above
Rate per day would depend on the complexity of the work and the number
of days spent by each person
(c) Semi Qualified Assistant Rs 10,000/- & Above + Rs 7,000/- & Above +
per day charge per day charge
(a) Issuing Certificate under the Income Tax Act i.e. See Note 1 See Note 1
U/s. 80iA/80IB/10A/10B & other Certificates
(b) Other Certificates For LIC/Passport/Credit Card/etc. Rs 10,000/- & Above Rs 7,000/- & Above
(c) Other Attestation (True Copy) Rs 3,000/- & Above per Rs 2,000/- & Above per
form Form
(d) Net worth Certificate for person going abroad Rs 18,000/- & Above Rs 12,000/- & Above
VIII) RERA
(b) Appearance Before Appellate Tribunal or Regulatory Authority or Rs 50,000/- & Above Rs 40,000/- & Above
Adjudicating Authority
Rate per hour would depend on the complexity of the work and the
number of hours spends by each person.
Rates
(b) Qualified Assistant Rs 6,000/- & Above per Rs 4,000/- & Above per
hour hour
(c) Semi Qualified Assistant Rs 3,000/- & Above per Rs 2,000/- & Above per
hour hour
X) NBFC/RBI MATTERS
XI) GST
(c) Tax Advisory & Consultation i.e. about value, taxability, classification See Note 1 See Note 1
etc.
(e) Adjudication/Show Cause notice reply Rs 30,000/- & Above Rs 20,000/- & Above
(f) Filing of Appeal / Appeals Drafting Rs 30,000/- & Above Rs 20,000/- & Above
(h) Misc services i.e., refund, cancellation/revocation registration, See Note 1 See Note 1
maintain electronic cash ledger etc.
(i) Audit of accounts and reconciliation Statement Rs 40,000/- & Above Rs 20,000/- & Above
(j) Any Certification Work Rs 10,000/- & Above Rs 5,000/- & Above
1 Filing Declaration with RBI in relation to transaction by NRIs/ OCBs Rs 35,000/- & Above Rs 25,000/- & Above
2 Obtaining Prior Permissions from RBI for Transaction with NRIs/ Rs 50,000/- & Above Rs 35,000/- & Above
OCBs
5 Advising on Non Resident Taxation Matters including Double Tax See Note 1 See Note 1
Avoidance Agreements including FEMA
Rates
Notes:
1) Fees to be charged depending on the complexity and the time spent on the particular assignment.
2) The above recommended minimum scale of fees is as recommended by the Committee for Capacity Building of Members
in Practice (CCBMP) of ICAI.
3) The aforesaid table states recommendatory minimum scale of fees works out by taking into account average time required
to complete such assignments. However, members are free to charge varying rates depending upon the nature and
complexity of assignment and time involved in completing the same.
4) Office time spent in travelling & out-of-pocket expenses would be chargeable. The Committee issues for general
information the above recommended scale of fees which it considers reasonable under present conditions. It will be
appreciated that the actual fees charged in individual cases will be matter of agreement between the member and the
client.
5) GST should be collected separately wherever applicable.
6) The Committee also recommends that the bill for each service should be raised separately and immediately after the
services are rendered.
7) Class A Cities here includes Delhi, Mumbai, Calcutta, Chennai, Pune, Hyderabad, Bangalore and Ahmedabad. Class B
Cities includes all other cities not included in “Class A”.
8) The amount charged will be based on the location of the service provider.
Source: https://resource.cdn.icai.org/47945ccbmp37942.pdf
Annexure 13
MoU/MRA/Joint Declarations signed with Foreign Bodies
Particulars Link
Memorandum of Understanding with Chartered Professional https://www.icai.org/post.html?post_id=15255
Accountants of Canada (CPA Canada)
Mutual Recognition Agreement with the Institute of Certified https://www.icai.org/post.html?post_id=15250
Public Accountants in Ireland (CPA Ireland)
Mutual Recognition Agreement with the South African Institute https://www.icai.org/post.html?post_id=14858
of Chartered Accountants (SAICA)
Pilot International Pathway Programme of Chartered https://resource.cdn.icai.org/49849icai-ia39512.pdf
Accountants Australia & New Zealand
Memorandum of Understanding (MoU) with The Accounting https://www.icai.org/post.html?post_id=10259
and Auditing Standards Board of Bhutan
Memorandum of Understanding with the Institute of Certified https://www.icai.org/new_post.html?post_id=15441
Public Accountants of Kenya (ICPAK)
Form 2A and FAQs - for Entry in ICAI Register as an https://www.icai.org/post.html?post_id=10488
Associate Member under MRA / MoU of a Foreign Accounting
Body
Memorandum of Understanding with Bahrain Institute of https://www.icai.org/new_post.html?post_id=15442
Banking and Finance (BIBF)
Memorandum of Understanding with the National Board of https://www.icai.org/new_post.html?post_id=15443
Accountants and Auditors (NBAA), Tanzania
Memorandum of Understanding with the Institute of Chartered https://www.icai.org/new_post.html?post_id=15444
Accountants of Nepal (ICAN)
Memorandum of Understanding (MoU) between ICAI and https://www.icai.org/post.html?post_id=9283
College of Banking & Financial Studies (CBFS), Oman
Mutual Recognition Agreement (MRA) with CPA Australia https://www.icai.org/post.html?post_id=4289&c_id=227
License Agreement with ISACA https://www.icai.org/post.html?post_id=13023
Source: https://www.icai.org/new_post.html?post_id=5617&c_id=80
Annexure 14
Revised Guidelines of Network
(i) These Guidelines may be called ‘Guidelines for The Concept of Network is explained in appendix I,
Networking.’ which forms an integral part of these guidelines.
(ii) These Guidelines shall come into force on the 27th day
4. Forms of the Network
of September, 2011
The different forms of Network can be as under:-
2. Definitions
4.1 A network can be constituted as a mutual
(i) In this guidelines, unless there is anything repugnant in entity which will act as a facilitator for the
the subject or context,— constituents of the Network. In such a case the
Network itself will not carry out any professional
(a) Act–“Act” means The Chartered Accountants Act, practice.
1949.
4.2 A network can be constituted as a partnership firm
(b) Code of Ethics – “Code of Ethics” means the Code subject to the condition that the total number of
of Ethics issued by the Institute and decisions of partners does not exceed twenty.
the Council in this regard.
4.3 A network can be constituted as a Limited
(c) Council–“Council” means the Council of the Liability Partnership subject to the provision of
Institute. the Chartered Accountant Act and Rules and such
other laws as may be applicable.
(d) Firm – “Firm” means a sole Practitioner / proprietor,
partnership or any such entity of professional 4.4 A network can be constituted as company subject to
accountants as may be permitted by law. the guidelines prescribed by Institute for corporate
form of practice and formation of management
(e) Institute – “Institute” means the Institute of
consultancy services company.
Chartered Accountants of India.
4.5 Network Firms shall consist of sole Practitioner/
(f) Member – “Member” means a Member of the
proprietor, partnership or any such entity of
Institute as defined in Section 2(x) of The Chartered
professional accountants as may be permitted by
Accountants Regulations, 1988.
the Act
(g) Network - A larger structure:
4.6 A firm is allowed to join only one network.
(a) That is aimed at co-operation; and
4.7 Firms having common partners shall join only one
(b) That is clearly aimed at profit or cost sharing or Network.
shares common ownership, control or management,
common quality control policies and procedures, 5. Approval of Name of Network amongst firms
common business strategy, the use of a common registered with Institute
brand name, or a significant part of professional
5.1 The Network may have distinct name which should be
resources.
approved by the Institute. To distinguish a “Network” from
(h) Network Firm – “Network Firm” means a firm or a “firm” of Chartered Accountants, the words “& Affiliates”
Entity that belongs to a Network. shall be used after the name of the network and the
words “& Co.”/“& Associates” shall not be used. The
(i) Regulations – “Regulations” means Chartered prescribed format of application for approval of Name
Accountants Regulations, 1988. for Network is at Form ‘A’ (enclosed). The names of the
network may be as mentioned in Appendix II.
5.2 Provisions of Regulation 190 of the Chartered Network, the network shall communicate the same to
Accountants Regulations, 1988 shall be applicable to the Institute by filing Form ‘C’ within a period of thirty
the name of Network. However, even if a name is (30) days from the date of change in the constitution.
approved and subsequently it is found that the same
is undesirable then, the said name may be withdrawn 9. Ethical Compliance
at any time by the Institute. The Institute shall reject
any undesirable name and the provisions in respect of Once the relationship of network arises, it will be
names of companies as prescribed in the Companies necessary for such a network to comply with all
Act, 1956 shall be applicable in spirit. applicable ethical requirements prescribed by the
Institute from time to time in general and the following
5.3 The Institute shall approve or reject the name of the requirements in particular: -
Network and intimate the same to the Network at its
address mentioned in Form ‘A’ within a period which 9.1 If one firm of the network is the statutory auditor of an
shall not be later than 30 days from the date of receipt entity then the associate [including the networked firm(s)]
of the said Form. or the said firm directly/indirectly shall not accept the
internal audit or book-keeping or such other professional
5.4 Mere approval of the name of the Network shall not assignments which are prohibited for the statutory
entitle the Network to carry on practice in its own name. auditor firm.
6. Registration of Network with entities in India 9.2 The guidelines of ceiling on Non-audit fees is applicable
in relation to a Network as follows:—
6.1 After the name of a Network is approved as per provision
under Guideline 5, the Institute same shall reserve such i) For a Network firm who is doing statutory audit
name for a period of three (3) months from the date of (including its associate concern and/or firm(s)
approval. having common partnership), it shall be the same
as mentioned in the said notification; and
6.2 The Network shall get itself registered with the Institute
by applying in Form B within the period of 3 months, ii) For other firms of the same Network collectively,
failing which the name assigned shall stand cancelled it shall be 3 times of the fee payable for carrying
on the expiry of the said period. out the statutory audit of the same undertaking/
company.
6.3 Registration of Network with Institute is mandatory.
9.3 In those cases where rotation of firms is prescribed by
6.4 If different Indian firms are networked with a common
any regulatory authority, no member firm of the network
Multinational Accounting Firm, they shall be considered
can accept appointment as an auditor in place of any
as a part of network.
member firm of the network which is retiring.
7. Listing of Network with entities outside India 9.4 The Network may advertise the Network to the extent
permitted by the Advertisement Guidelines issued by
7.1 The duly authorized representative(s) of the Indian
Institute. The firms constituting the network are permitted
Member firm(s)/Member constituting the Network with
to use the words “Network Firms” on their professional
entities outside India shall file a declaration with the
stationery.
Institute in Form `D’ for Listing of such Network within
30 days from the date of entering into the Network 9.5 The constituent member firms of a Network and the
arrangement. Network shall comply with all the Ethical Standards
prescribed by the Council from time to time.
7.2 Proprietary/individual members, partnership firms as well
as members in LLP or any such other entity of members
10. Consent of Client
as may be permitted by the Act, shall be permitted to
join such network with entities outside India provided The effect of registration of network with Institute
that the proprietary/individual members, partnership firms will be deemed to be a public notice of the network
as well as members in LLP or any such other entity and therefore consent of client will be deemed to be
of members are allowed to join only one network and obtained.
firms having common partners shall join only one such
network. 11. Framework of Internal Bye-laws of Network
8. Change in constitution of registered Network: To streamline the networking, a network shall formulate
operational bye-laws. Bye-laws may contain the following
In case of change in the constitution of registered clauses on which the affiliates of the network may enter
Network on account of any entry into or exit from the into a written agreement among themselves:
(xii) Determining the methodology for drawing resources 1.3 Where the larger structure is aimed at co-operation
from each member firm and it is clearly aimed at profit or cost sharing among
the entities within the structure, it is deemed to be
(xiii) Determining compensation to member firms for
a network. However, the sharing of immaterial costs
resources to be drawn from them
does not in itself create a network. In addition, if the
Peer review of the member firms sharing of costs is limited only to those costs related to
the development of audit methodologies, manuals, or
These clauses are illustrative. training courses, this would not in itself create a network.
Further, an association between a firm and an otherwise
12. Repeal and Saving unrelated entity to jointly provide a service or develop a
The erstwhile “Rules/Guidelines of Network” issued product does not in itself create a network.
by the Institute stands repealed from the date of 1.4 Where the larger structure is aimed at co-operation
commencement of these Guidelines. and the entities within the structure share common
Provided that notwithstanding such repeal, anything done ownership, control or management, it is deemed to be
or any action taken or purported to have been done or a network. This could be achieved by contract or other
taken in respect of the erstwhile Rules/Guidelines prior means.
to the date of applicability of these Guidelines shall 1.5 Where the larger structure is aimed at co-operation
be deemed to have been done or taken under the and the entities within the structure share common
corresponding provisions of these Guidelines. quality control policies and procedures, it is deemed
to be a network. For this purpose, common quality
control policies and procedures are those designed,
implemented and monitored across the larger structure.
business strategy, it is deemed to be a network. Sharing Audit methodology or audit manuals; and
a common business strategy involves an agreement
Training courses and facilities.
by the entities to achieve common strategic objectives.
An entity is not deemed to be a network firm merely 1.10 The determination of whether the professional resources
because it co-operates with another entity solely to shared are significant, and therefore the firms are
respond jointly to a request for a proposal for the network firms, shall be made based on the relevant
provision. facts and circumstances. Where the shared resources
are limited to common audit methodology or audit
1.7 Where the larger structure is aimed at co-operation
manuals, with no exchange of personnel or client
and the entities within the structure share the use of
or market information, it is unlikely that the shared
a common brand name, it is deemed to be a network.
resources would be significant. The same applies to a
A common brand name includes common initials or a
common training endeavour. Where, however, the shared
common name. A firm is deemed to be using a common
resources involve the exchange of people or information,
brand name if it includes, for example, the common
such as where staff are drawn from a shared pool, or a
brand name as part of, or along with, its firm name,
common technical department is created within the larger
when a partner of the firm signs an audit report.
structure to provide participating firms with technical
1.8 Even though a firm does not belong to a network and advice that the firms are required to follow, a reasonable
does not use a common brand name as part of its and informed third party is more likely to conclude that
firm name, it may give the appearance that it belongs the shared resources are significant.
to a network if it makes reference in its stationery
or promotional materials to being a member of an
association of firms. Accordingly, if care is not taken in Appendix-II
how a firm describes such memberships, a perception
(Referred to in para 5.1 of the
may be created that the firm belongs to a network.
Guidelines of Network and forms an
1.9 Where the larger structure is aimed at co-operation and
integrated part of the Guidelines)
the entities within the structure share a significant part
of professional resources, it is deemed to be a network.
Illustrative examples of names of Network:—
Professional resources include:
a) If the Network is a Mutual Entity or Partnership Firm:
Common systems that enable firms to exchange
AB & Affiliates b) If the Network is a LLP:
information such as client data, billing and time records;
b) AB Affiliates LLP
Partners and staff;
c) If the Network is a Limited Company:
Technical departments that consult on technical or
industry specific issues, transactions or events for d) AB Affiliates P. Ltd/Limited
assurance engagements;
Form `A’
APPLICATION FOR APPROVAL OF NAME FOR NETWORK OF FIRMS
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
[See the relevant Rule of Guidelines of Network amongst the firms registered
with The Institute of Chartered Accountants of India]
Instruction: A copy of the authorisation to be filed with the Institute by the partner signing the declaration on behalf the firm.
Form ‘B’
APPLICATION FOR REGISTRATION OF NETWORK AMONGST FIRMS WITH INSTITUTE –
INDIAN AFFILIATION THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
[See relevant Rule of Guidelines of Network amongst the firms registered
with The Institute of Chartered Accountants of India]
PARTICULARS OF NETWORK
Firm(s)/Member(s)
6. We undertake to comply with the guidelines/directions laid down by the Council regarding Network from time to time.
We hereby confirm that all the Network firms have entered into an understanding to work as a network in accordance with the
Guidelines of Network amongst the firms registered with the Institute and further affirm and confirm that the partner signing the
application has been duly authorized by the other partners of the respective firms.
Partner(s)/Proprietor(s) of the
firms/Member constituting Network
Chapter IX (Appointment As Statutory Auditor) Of (a) audit under any other statute;
Council General Guidelines No.1-CA(7)/02/2008,
(b) certification work required to be done by the
Dated 8TH AUGUST, 2008
statutory auditors; and
9.0 A member of the Institute in practice shall not accept
(c) any representation before an authority;
the appointment as statutory auditor of Public Sector
Undertaking(s)/ Government Company(ies)/Listed (ii) the term “associate concern” means any corporate
Company(ies) and other Public Company(ies) having body or partnership firm which renders the
turnover of Rs. 50 crores or more in a year where he Management Consultancy and all other professional
accepts any other work(s) or assignment(s) or service(s) services permitted by the Council wherein the
in regard to the same Undertaking(s)/ Company(ies) on a proprietor and/or partner(s) of the statutory auditor
remuneration which in total exceeds the fee payable for firm and/or their “relative(s)” is/are Director/s or
carrying out the statutory audit of the same Undertaking/ partner/s and/or jointly or severally hold “substantial
company. interest” in the said corporate body or partnership;
Provided that in case appointing authority(ies)/regulatory (iii) the terms “relative” and “substantial interest” shall
body(ies) specify(ies) more stringent condition(s)/ have the same meaning as are assigned thereto
restriction(s), the same shall apply instead of the under Appendix (9) to the Chartered Accountants
conditions/restrictions specified under these Guidelines. Regulations, 1988.
9.1 The above restrictions shall apply in respect of fees for 9.3 In regard to taking up other work(s) or service(s) or
other work(s) or service(s) or assignment(s) payable to assignment(s) of the undertaking/company referred to
the statutory auditors and their associate concern(s) put above, it shall be open to such associate concern or
together. corporate body to render such work(s) or service(s) or
assignment(s) so long as aggregate remuneration for
9.2 For the above purpose,
such other work(s) or service(s) or assignment(s) payable
(i) the term “other work(s)” or “service(s)” or to the statutory auditor/s together with fees payable to
“assignment(s)” shall include Management its associate concern(s) or corporate body(ies) do/does
Consultancy and all other professional services not exceed the aggregate of fee payable for carrying
permitted by the Council pursuant to Section 2(2) out the statutory audit.
(iv) of the Chartered Accountants Act, 1949 but
shall not include:-
Form ‘C’
DECLARATION FOR CHANGE IN CONSTITUTION OF REGISTERED NETWORK
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
[See relevant Rule of Guidelines of Network amongst the firms registered
with The Institute of Chartered Accountants of India]
of Firm(s)/Member(s) Registration
No./M. No.
4. Name and address of the firm/member willing to enter/exit into/from the Network
We hereby declare that the above firm(s)/Members(s) proposed to have enter/exit into/from the network in accordance with the
Guidelines of Network amongst the firms registered with the Institute of Chartered Accountants of India and further affirm and the
confirm that the partner signing the application has been duly authorized by the other partners of the respective firms.
Instruction: A copy of the authorisation to be filed with the Institute by the partner signing the declaration on behalf the firm.
Form `D’
DECLARATION TO BE FILED FOR NETWORK WITH ENTITIES OUTSIDE INDIA
[See relevant rule of Guidelines of Network amongst the firms registered with
The Institute of Chartered Accountants of India]
3. Date on which the Indian firms have joined the present Network arrangement:
Verification
I/We solemnly declare and affirm that the information provided is true and correct to my/our knowledge and belief.
Note:
(i) All existing Network should file this declaration on or before 30th June____________.
(ii) Any new network arrangement shall file this declaration within 30 days of entering into the Network arrangement.
(iii) A copy of the authorisation to be filed with the Institute by the Partner signing the declaration on behalf of the firm.
(iv) The declaration may be filed jointly or separately with the Institute by the firms entering the Network.
Source: http://ccbmp.icai.org/documents/Network_Guidelines-August-1_21.09.pdf
Annexure 15
ICAI Rules of Merger & Demerger of CA Firms
(vi) Code of Ethics - Code of Ethics means the Code of It is only if these Indian firms decide to constitute a
Ethics issued by the Institute and decisions of the Formal Network, then the registration with the Institute
Council in this regard. is mandatory.
(iv) If different Indian firms are networked with a common 7. Constitution of Network
Multinational Accounting Firm (MAF) then irrespective
of the presence/absence of any ‘affiliate’ relationship (i) Proprietary/partnership firm(s) as well as individual
between the Indian firms inter-se, they shall be member(s) are permitted to form a Network.
considered as part of a network. As such, for these
(ii) A proprietary/partnership firm as well as individual
firms the registration with the Institute is not mandatory.
Member are allowed to join only one Formal network.
(iii) Firms having common partners shall join only one clauses on which the affiliates of the network may enter
network. into a written agreement among themselves:
Form A’
APPLICATION FOR APPROVAL OF NAME FOR NETWORK OF FIRMS
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
[See Rule 3 of Rules of Network amongst the firms registered with
The Institute of Chartered Accountants of India]
4. _________________________
2. _______________ _______________
3. _______________ _______________
4. _______________ _______________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
4. We hereby declare that the above firm(s)/Member(s) proposed/have entered into an understanding to form a network
in accordance with Rules of Network amongst the firms registered with The Institute of Chartered Accountants of India
and further affirm and confirm that the partner signing the application has been duly authorised by the other partners of
the respective firms.
Form ‘B’
DECLARATION FOR REGISTRATION OF FORMAL NETWORK AMONGST FIRMS REGISTERED WITH ICAI
5. We undertake to comply with the guidelines/directions laid down by the Council regarding Network from time to time.
(a) the network constituents have entered into an agreement to form this network.
(b) that the partner(s) signing this declaration has been duly authorized by the other partners of the firm
Form ‘C’
DECLARATION FOR DISSOCIATION FROM A NETWORK
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
[See Rule 12 of Rules of Network amongst the firms registered with
The Institute of Chartered Accountants of India]
4. Name and address of the firm/member willing to dissociate from the Network
In pursuance to the Rule 12 of Rules of the Network issued by The Institute of Chartered Accountants of India, We/I hereby declare
our dissociation from the Network w.e.f. _______________________ .
I hereby declare that I have been duly authorised by the other partners to issue this declaration.
Form ‘D’
DECLARATION TO BE FILED FOR NETWORK WITH ENTITIES OUTSIDE INDIA
REGISTRATION NO.
5. Detail of ownership and management structure of outside entity(ies) constituting the Network
We, the authorized representative(s) of the entity(ies) outside India, hereby solemnly declare and undertake that :
(1) we are conversant with the provisions of the Chartered Accountants Act, 1949, the Chartered Accountants Regulations,
the Code of Ethics and guidelines/directions regarding Network issued by the Council from time to time;
(2) in regard to the activities of the Network in India, we undertake to comply with the aforesaid provisions/guidelines/directions,
in general, and in particular clauses (2) to (7) of Part-I of the First Schedule to the Chartered Accountants Act, 1949; and
(3) the activities under the Network will not tantamount to rendering services so as to constitute a commercial presence in
India or in any way result in Mode 3* or Mode 4* rendering of services as per WTO terminology.
Place : _______________________ Name(s) with membership no. (if any) and signature(s) of
duly authorized representative(s) of the entity(ies)
outside India constituting Network
Date : _______________________
(1) the information given above is true and correct as per our information and belief; and
(2) non-compliance with the provisions of the Clauses (6) & (7) of Part I of the First Schedule to the Chartered Accountants
Act, 1949 and the guidelines/directions laid down by the Council thereunder by the outside entity(ies) shall be deemed
to be on our behest, unless proved otherwise.
Date : ____________________
* Mode 3: Commercial Presence - Where services are provided through establishment of an office in the other country.
* Mode 4: Movement of Natural Persons - Where the professional accountant travels from one country to another to deliver
a service.
(ii) Upon the merger of the firms, the Institute will freeze
2. Concept of Merger & Demerger
the names of the merging firms and shall not allot the
(i) The Partnership Act has not prescribed merger & same names to any other firm.
demerger of partnerships. In the corporate world, merger
and demerger have become universal practices for 4. Demerger
securing survival, growth, expansion and globalization of
(i) The merger has to precede the demerger. The merger
enterprise and achieving multitude of objectives. Merger
agreement itself shall contain the terms and conditions
is the fusion of two or more existing companies. On
for demerger. Therefore no concurrence/acceptance
the other hand, demerger signifies a movement in the
is required from the continuing partners. The merger
company just opposite to merger. ‘Demerger’ is also
agreement shall stipulate that in case 75% or more of
used to describe spinning off of an “undertaking” of a
the continuing partners of one of the erstwhile firm(s)
Corporate entity. The concept of ‘Merger’, ‘Demerger’ &
are willing to demerge then they can do so after giving
‘Acquisition’ are arising out of the ‘Arrangement’ under
due notice in Form ‘F’ (enclosed) to the other partners
Sections 391-394 of the Companies Act, 1956. Merger
and to the Institute.
and Demerger are natural corollary of globalization.
(ii) In case 75% or more of the continuing partners of one
(ii) To incorporate the spirit of Corporate World and to
of the erstwhile merging firm have demerged after giving
imbibe the consolidation creed, the Council used the
due notice to the other partners, then in such case,
term ‘merger’ and ‘amalgamation’ of CA firms. The
the merger shall come to an end and if the remaining
Council in its 198th Meeting held from 25th to 27th
erstwhile merging firms/partners of the erstwhile merged
February, 1999 and in 223rd Meeting held from 2nd
firm decided to continue, then they should enter into a
to 5th February, 2002 considered the Seniority and
fresh Merger/Partnership Agreement.
Mergers of the firm and implications of the decisions,
are enclosed in Tabular form. (iii) The Demerged Firm is entitled to practice in its old trade
name, which existed at the time of merger.
(iii) In order to have an orderly and sustainable growth of
the CA firms, it is desirable that the coming together of (iv) The Constitution Certificate issued by the Institute
the firms begins with networking and then matures to to the demerged firm shall state the original date of
mergers. Networking will enable the firms to develop establishment, the date of its merger and the date of
working relationships with each other. However, it is the demerger. For the purpose of computing the seniority
not to suggest that there cannot be mergers without of the firm, the total period will be reckoned from the
networking. original date of establishment.
(iv) The mergers should be effected to develop core (v) The demerger can be demanded within a period of 5
competencies and to render professional services of a years from the date of merger.
larger range spread over bigger geographical area. A
merged big entity will always be superior to a network
arrangement.
(i) in the same firm name There is no change in the date of establishment of
the firm.
(ii) in a new firm name
(b) Firm consisting of more than two partners - If
one or more of the partners dies/retires and
the remaining partners continue to practice in
the same firm name with or without dissolution.
IV Merger or amalgamation of two or more firms Date of establishment of the firm, which firm name 27.2.1999
is continued to be used after merger. 4.2.2002
If two or more firms merge/amalgamate, the new firm
after merger/amalgamation practices. (i) Change of name from the date of approval.
(i) in the firm name of one of the merged firms. (ii) There is no change in the date of
establishment. The old trade/firm name will
(ii) in a new firm name, in cases where the existing be frozen in the Institute’s records for three
firm is seeking change of firm name and years from the date of approval of the new
approval thereof. trade/firm name. In the constitution certificate
issued by the Institute during that period of
three years, the name will be mentioned as
“M/s (formerly known as M/s)” During that
period of three years, the firm will be given
the option to have its original name at the
choice of all the partners only if all those
partners so apply to the Institute in the
prescribed manner.
4. A & Co., 1966 B & Co., 1980 Either AB & Date of establishment will be 4.2.2002
Co. or BA & 1966
Co.
V. Change in trade/ firm name (i) Change of name from the date of approval. 27.2.1999
The member/firm continues the practice (with or (ii) There is no change in the date of
without change in constitution) with the change in establishment. The old trade/firm name will
trade/firm name. be frozen in the Institute’s records for three
years from the date of approval of the new
trade/firm name. In the constitution certificate
issued by the Institute during that period of
three years, the name will be mentioned as
“M/s (formerly known as M/s)” During that
period of three years, the firm will be given
the option to have its original name at the
choice of all the partners only if all those
partners so apply to the Institute in the
prescribed manner.
Note:
1. Trade name: The name in which the member practices as a sole proprietor.
3. ‘Trade name’ and ‘Firm name’ are the names as approved by ICAI.
4. Merger/amalgamation is a term not applicable to firms under the Partnership Act. It is reconstitution of firm by addition/
deletion of partners. The principles applicable to any reconstitution will, therefore, apply in these cases.
Form E’
FORMAT OF MERGER AGREEMENT
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
[See Rule 3 of Rules of Merger & Demerger amongst the firms registered
with The Institute of Chartered Accountants of India]
We, (1).... (2) .... (3) ...... partners of (1) M/s. A & Co. (2) M/s. B & Co. & (3) ........ execute this Merger Agreement on this day of, at:
1. M/s A & Co., a Partnership/Proprietorship firm of Chartered Accountants having its registered Head Office at , duly
registered with the Institute of Chartered Accountants of India vide Firm No. in region (which expression shall include its
successors, heirs and assigns).
The date of establishment, name of the partners, their membership nos, are as follows:-
2. M/s. B & Co., a Partnership/Proprietorship firm of Chartered Accountants having its registered Head Office at, duly registered
with the Institute of Chartered Accountants of India vide Firm No. in region (which expression shall include its successors,
heirs and assigns).
The date of establishment, name of the partners, their membership nos, are as follows:-
3. ______________________________________________________________________
Now, therefore, in consideration of mutual promise herein made and the consideration hereunder expressed, the parties
hereto mutually covenant and agree as follows:
1. That the name of the merged firm will be and the date of establishment of the merged firm is the date of establishment
of the oldest/older firm i.e.
2. That this merger will come into force w.e.f. 20XX, where after, the merging firm i.e. M/s A & Co., and M/s B & Co.
cease to exist and a separate partnership deed has been executed on amongst the partners of the merged firm.
3. That the following persons are the partners of the merged firm:
We, all the partners of the merged firm ____________________ understand that this merger has the following consequences in
pursuance to the decision of the Council of the Institute: -
1. That the name of the erstwhile merging firms will be frozen by the Institute.
2. And in case 75% or more of the continuing partners of one or more erstwhile merging firm(s) are willing to demerge, they
may demerge after giving due notice and will be entitled to the following benefits :
(i) They shall be entitled to the total seniority acquired i.e. their earlier pre-merger seniority and the years during which
they were in merged firm.
Provided in case, 75% is a fraction, then the same shall be rounded off to the next number.
3. That the date of establishment of the new demerged firm shall be the date of demerger.
4. That to effectuate such demerger, no concurrence/acceptance is required from the other continuing partners of the merged
firm. The partners of such demerged firm shall execute a partnership deed. The merged firm as well as the demerged
firm shall submit fresh Form 18 as prescribed under the Chartered Accountants Regulations, 1988 to the Institute within
the prescribed period.
5. In case of 75% or more of the continuing partners of one of the erstwhile merging firm have demerged after giving due
notice to the other partners, then in such case, the merger shall come to an end and if the remaining erstwhile merging
firms/partners of the erstwhile merged firm decided to continue, then they should enter into a fresh Merger/Partnership
Agreement and shall submit fresh Form 18 as prescribed under the Chartered Accountants Regulations, 1988 to the
Institute within the prescribed period.
6. That the demerger in the manner here in before mentioned can be demanded only within a period of 5 years from the
date of merger.
IN WITNESS WHEREOF, the Partners of the Merged firm M/s_____________ hereto set their hands on this agreement in the
presence of the witnesses.
WITNESSES :
1. (i)
(ii)
(iii)
(iv)
(v)
2. (vi)
(vii)
(viii) Partners of M/s _____________
Form F’
NOTICE FOR DEMERGER
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
[See Rule 4(i) of Rules of Merger and Demerger amongst the firms registered
with The Institute of Chartered Accountants of India]
______________________ ______________________
______________________ ______________________
being partners of M/s ___________________ which merged with the firm M/s _______________ as per merger agreement
dated willing to demerge with effect from ___________________
2. We are the partners of the erstwhile Merging firms, M/s _______________ merged with M/s. _______________ & constitute
the merged firm _______________ with effect from _______________ . The Merger Agreement dated _______________
and Form 18 were filed before the Institute on _______________.
3. We constitute 75% or _______________ % of the continuing partners of the erstwhile firm M/s. _______________.
Place: ______________________________
Date: ______________________________
Annexure 16
Guidelines for Corporate Form of Practice
(xix) Acting as advisor or consultant to an issue, complies with the Guidelines for Practice in Corporate
including such matters as: - Form issued by the Institute.
(a) Drafting of prospectus and memorandum (x) Relative – Relative means “Relative” as defined in
containing salient features of prospectus. Appendix (9) of the Chartered Accountants Regulations,
Drafting and filing of listing agreement and 1988, 2002 edition.
completing formalities with Stock Exchanges,
Registrar of Companies and SEBI. 3. Name of the Management Consultancy Company
(b) Preparation of publicity budget, advice (i) The Management Consultancy Company shall have a
regarding arrangements for selection of (i) distinct name which shall be approved by the Institute.
ad-media, (ii) centres for holding conferences The prescribed format of application for approval of
of brokers, investors, etc., (iii) bankers to name for Management Consultancy Company is at Form
issue, (iv) collection centres, (v) brokers to `G’ (enclosed).
issue, (vi) underwriters and the underwriting
arrangement, distribution of publicity and (ii) Standards prescribed in Regulations 190 of the
issue material including application form, Chartered Accountants Regulations, 1988 shall be
prospectus and brochure and deciding on applicable to the name of the Management Consultancy
the quantum of issue material (In doing so, Company. However, even if a name is provided and
the relevant provisions of the Code of Ethics subsequently it is found that the same is undesirable
must be kept in mind). then, the said name can be withdrawn at any time
by the Institute. The provisions in respect of name of
(c) Advice regarding selection of various agencies companies as prescribed in the Companies Act, 1956
connected with issue, namely Registrars to shall be applicable in letter and spirit.
Issue, printers and advertising agencies.
(iii) The name of Management Consultancy Company may
(d) Advice on the post issue activities, e.g., indicate the area of ‘Management Consultancy & Other
follow up steps which include listing of Services’ permitted by the Council from time to time.
instruments and despatch of certificates and
refunds, with the various agencies connected (iv) The Management Consultancy Company shall neither
with the work. be permitted to advertise nor to use logo.
Schedule to the Chartered Accountants Act, 1949 the Companies Act, 1956 shall be applicable to the
and such other directives as may be issued by the Management Consultancy Company. The Guidelines are
Institute from time to time. in addition to the provisions contained in the Companies
Act, 1956.
(ii) The Management Consultancy Company shall give an
undertaking that it shall comply with clauses (6) & (7) of
9. Benefits available to members if the Guidelines
Part-I of the First Schedule to the Chartered Accountants
framed are complied with
Act, 1949 and such other directives as may be issued
by the Institute from time to time. i) The member can retain full time Certificate of Practice
besides being the Managing Director/Whole-time
6. Object of Management Consultancy Company: Director/Manager of Management Consultancy
Company.
The Management Consultancy Company shall engage
itself only in Management Consultancy & Other Services. ii) The member will be entitled to train articled/audit
The Management Consultancy Company shall give assistant(s).
an undertaking that it shall render only Management
iii) There will be no restrictions on the quantum of the equity
Consultancy & Other Services prescribed by the Council
holding of the member, either individually and/or along
pursuant to powers under section 2 (2)(iv) of the
with his relatives, in such a company.
Chartered Accountants Act, 1949.
The Object Clause should restrict itself only to the 10. Transitory Provisions
Management Consultancy & Other Services permitted
by the Council in pursuance to Section 2(2)(iv) of the i) Any member who wishes to become Managing Director/
Chartered Accountants Act, 1949. Whole-time Director/Manager of an existing Company,
which is rendering Management Consultancy & Other
Services, and wishes to take other benefit contained
7. Violation of Act
in the Guidelines, shall comply with the Guidelines for
In case of alleged violation of the provisions of the Act, Practice in Corporate Form.
Regulations framed thereunder, guidelines/directions laid
ii) The Company is required to take approval of name and
down by the Council from time to time and Code of
then apply for registration with the Institute.
Ethics issued by the Council, the individual practitioner/
sole-proprietorship firm/partnership firm in general and iii) If the Institute has reservation over the name of an
the Managing Director/Whole-time Director/Manager of existing Company that wishes to come under the
such company in particular, would be answerable. provisions of this Guidelines, the Company shall be
required to apply for change in name.
8. Applicability of Companies Act, 1956 and other laws
iv) The Company is also required to change its object
All the provisions of the Companies Act, 1956 and other clause, if the same contains objects other than those
laws that are applicable to a Company formed under provided in the Guidelines.
Form `G’
APPLICATION FOR APPROVAL OF NAME FOR PROPOSED MANAGEMENT CONSULTANCY COMPANY
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
[See Guideline 3 of Guidelines for Practice in Corporate Form]
3. __________________________
2. Name of the Members/firm along with name of partners forming proposed Management Consultancy Company
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________Pin _____________
1. _____________________________ _____________________________
2. _____________________________ _____________________________
3. _____________________________ _____________________________
Form ‘H’
DECLARATION FOR REGISTRATION OF MANAGEMENT CONSULTANCY COMPANY
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
[See Guideline 4 of Guidelines for Practice in Corporate Form]
2. Address of the
1. ________________________ ________________________
2. ________________________ ________________________
3. ________________________ ________________________
I/We hereby declare that the Management Consultancy Company shall render Management Consultancy & Other Services
which are prescribed by the Council of the Institute from time to time pursuant to powers under Section 2(2)(iv) of the Chartered
Accountants Act, 1949. This Company has been constituted in compliance with the Guidelines for Practice in Corporate Form
issued by the Institute.
I/We hereby declare that I/We shall comply with Clauses (6) & (7) of Part I of the First Schedule to the Chartered Accountants Act,
1949 and such other directions as may be issued by the Institute from time to time in this regard.
Place : __________________
Provided that in case appointing authority(ies)/regulatory (iii) the terms “relative” and “substantial interest” shall
body(ies) specify(ies) more stringent condition(s)/restriction(s), have the same meaning as are assigned under
the same shall apply instead of the conditions/restrictions Appendix (10) [now Appendix (9)] to the Chartered
specified in this Notification. Accountants Regulations, 1988.
Source: http://ccbmp.icai.org/