Remove my Name as a partner in CA firm

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A chartered accountant wishes to leave their CA firm partnership to start their own practice, but other partners are refusing consent and OTP validation. While the partnership is 'at will', the Institute of Chartered Accountants of India (ICAI) requires OTP validation from all partners for changes. The member has tried contacting the regional office and the firm division, but has been advised to resolve the issue amicably. The suggestion is to issue a legal notice through a lawyer, and if necessary, file a court case, as the OTP validation requirement may be against partnership law in cases of dispute.

Bansal

Bansal (Querist)
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06 July 2023 I am partner is a CA firm book, now want to leave as partner and want to start my own practice. Other partner and incharger partners if not give consent.
How can I complaint with concerned regional office.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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06 July 2023 Partnership is at will. Any time you can leave the partnership. Prepare a withdrawal letter or notice serve to other partners.
Yes, you can make a complaint with regional office.

Bansal

Bansal (Querist)
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10 July 2023 I have raised a complainant through SSP tickets. they replied that "Dear Member, OTP validation is must, We can't able to skip the OTP validation process, Kindly ask the member to validate the OTP from his login. Regards SSP SUPPORT".
Now what can I do further?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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10 July 2023 Login to SSP portal with your credentials
and do OTP validation.

Bansal

Bansal (Querist)
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10 July 2023 Sir, I already done from my side. It is pending from my partner side. He is not doing OTP verification on my submitted form.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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10 July 2023 Complain with the regional council.

Bansal

Bansal (Querist)
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10 July 2023 Sir, I want to know the process of the same. Because I already lodged a complaint through SSP ticket. But they answered that "We can't able to skip the OTP validation process, Kindly ask the member to validate the OTP from his login."

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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10 July 2023 Contact regional office in person and get it solved.

Bansal

Bansal (Querist)
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29 July 2023 Sir, as per your suggestion I contacted the regional office. He gave me the contact details of the firm division that handles disputed firm matters. When I wrote an email to that department, they replied, "We request both the partners to resolve the issue amicably as ICAI holds no role in adding/removing a partner without approval and OTP validation of all existing partners."

I requested several times over phone calls and emails but always got the same answer.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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29 July 2023 The partnership is at will.
Give a legal notice through a lawyer.
In case of non response file a case in the court of law.
Start your private practice after giving legal notice.
Issue legal notice to Regional council and central council, citing legal provisions of partnership Act that consent of all the members not required in case of dispute.
OTP validation of the Institute is against the law.

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