Regarding consequences of retirement of partner in firm
This query is : Resolved
18 April 2025
IF A CA PARTNER RETIRE FROM CA FIRM THEN WHAT IS CONSEQUENCES OF SAME? IS THERE ANY IMPACT ON RETIRE PARTNER'S INDIVIDUAL FIRM OR THEIR MEMBERSHIP?
12 August 2025
Consequences of Retirement of a Partner in a CA Firm
On the Retiring Partner:
Membership of ICAI:
The partner’s individual membership with ICAI remains unaffected by retirement from the firm. The partner continues as a member of ICAI and can practice independently or form/join another firm.
Individual Firm/Practice:
If the retiring partner has an individual firm or practice, it continues unaffected. The retirement from the partnership firm has no direct impact on the partner’s sole proprietorship or other firm registration.
Clients & Goodwill:
Depending on the partnership deed and mutual agreement, the retiring partner may or may not retain clients or goodwill. If the retiring partner takes clients with them, proper intimation or agreement may be needed to avoid disputes.
On the Existing CA Firm:
Reconstitution of Firm:
Retirement causes a change in the composition of the firm. The firm must be reconstituted as per ICAI guidelines. This means:
Intimating ICAI about the change in partners.
Updating firm registration and details.
Updating the firm’s PAN and other legal records if needed.
Continuity of Firm Name:
The remaining partners may continue the firm with the existing name if allowed under the partnership deed and ICAI guidelines.
On the Retiring Partner’s Rights and Obligations:
Settlement of Accounts:
The retiring partner is entitled to get their due share of capital, profits, and goodwill as per the partnership deed or mutual agreement.
Liabilities:
Retiring partner may remain liable for any liabilities or claims arising during their tenure unless released by the firm or creditors.
Other Legal & Compliance Implications:
Taxation:
Retirement does not impact the individual partner’s tax status or filing.
Professional Conduct:
Retiring partner should ensure proper handover of ongoing assignments and maintain confidentiality as per ICAI code of ethics.
On the Retiring Partner:
Membership of ICAI:
The partner’s individual membership with ICAI remains unaffected by retirement from the firm. The partner continues as a member of ICAI and can practice independently or form/join another firm.
Individual Firm/Practice:
If the retiring partner has an individual firm or practice, it continues unaffected. The retirement from the partnership firm has no direct impact on the partner’s sole proprietorship or other firm registration.
Clients & Goodwill:
Depending on the partnership deed and mutual agreement, the retiring partner may or may not retain clients or goodwill. If the retiring partner takes clients with them, proper intimation or agreement may be needed to avoid disputes.
On the Existing CA Firm:
Reconstitution of Firm:
Retirement causes a change in the composition of the firm. The firm must be reconstituted as per ICAI guidelines. This means:
Intimating ICAI about the change in partners.
Updating firm registration and details.
Updating the firm’s PAN and other legal records if needed.
Continuity of Firm Name:
The remaining partners may continue the firm with the existing name if allowed under the partnership deed and ICAI guidelines.
On the Retiring Partner’s Rights and Obligations:
Settlement of Accounts:
The retiring partner is entitled to get their due share of capital, profits, and goodwill as per the partnership deed or mutual agreement.
Liabilities:
Retiring partner may remain liable for any liabilities or claims arising during their tenure unless released by the firm or creditors.
Other Legal & Compliance Implications:
Taxation:
Retirement does not impact the individual partner’s tax status or filing.
Professional Conduct:
Retiring partner should ensure proper handover of ongoing assignments and maintain confidentiality as per ICAI code of ethics.
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