Singing the financial statement of a relative by ca

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

05 December 2012 Dear All,

Can a CA sing Audited or Unaudited financila statements of his relative?

Also give meaning of relative.

reply

Ajay Mishra

Ajay Mishra (Expert)

05 December 2012 Hi

Meaning of relative is given in section 6 read with Schedule IA of the Companies Act, 1956.

Ajay Mishra

Ajay Mishra (Expert)

05 December 2012 6. Meaning of "relative"

Section 6. Meaning of "relative".-

A person shall be deemed to be a relative of another if, and only if,-

(a) they are members of a Hindu undivided family; or

(b) they are husband and wife; or

(c) the one is related to the other in the manner indicated in Schedule IA.]

[SCHEDULE IA
[See section 6(c)]

Inserted by Act No. 65 of 1960.

List of Relatives

1. Father.

2. Mother (including step-mother).

3. Son (including step-son).

4. Son's wife.

5. Daughter (including step-daughter).

6. Father's father.

7. Father's mother.

8. Mother's mother.

9. Mother's father.

10. Son's son.

11. Son's Son's wife.

12. Son's daughter.

13. Son's daughter's husband.

14. Daughter's husband.

15. Daughter's son.

16. Daughter's son's wife.

17. Daughter's daughter.

18. Daughter's daughter's husband.

19. Brother (including step-brother).

20. Brother's wife.

21. Sister (including step-sister).

22. Sister's husband.

Ajay Mishra

Ajay Mishra (Expert)

05 December 2012
CODE OF ETHICS — Salient provisions

A Chartered Accountant in practice is PROHIBITED:
• to pay commission/brokerage or share of profits of his professional business to/with any person other than a member of the Institute.
• from soliciting clients or professional work by circular, advertisement etc. except for advertisement as per the guidelines dt.14th May, 2008 issued by the Council
• from being Director of a Holding Company in whose subsidiary he is the auditor.
• from responding to advertisements inviting application for appointment of auditors, tenders or circulars or enquiry (made to more than one member) inviting quotation restricted to CA.

However members can respond to tenders in the areas where they compete with non CAs. They can also respond to tenders in the audit field outside the country provided the fees are received in foreign currency. The members are permitted to pay a reasonable amount as price for tender/bid document. In general no earnest money/security deposit is permissible in areas which are exclusive to Chartered Accountants as per Law. However, in non-exclusive area the members are permitted to pay earnest money/security deposit. If only Chartered Accountants are invited in non-exclusive area, the members are permitted to pay reasonable amount towards earnest money/security deposit.
• from expressing his opinion on financial statements of any business or enterprise in which one or more persons who are his ‘relatives’ within the meaning of Section 6 of the Companies Act, 1956 have, either by themselves or in conjunction with such member, a substantial interest in the said business or enterprise.

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