LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

Ca statement to police

Ankit Saha (MBA) (44 Points)

25 October 2012

CA certifed in MoA that he witnessed the promoter director signing in the MoA papers. He gave a statement to police investigating a forgery case, he actually didn't see the person signing the papers, but papers were brought in by the co-director. Is this CA liable for action for signing that he witnessed the sign up without actually seeing? Isn't this a professional misconduct?

Ankit

Reply
Follow
Share

5 Replies

CA Anuj Diwan (Partner) (51 Points)
Replied 25 October 2012

Yes Act is a Professional Misconduct. The CA in the Subscriber page certifies that he has witnessed the Signatories signing the Subscribers page & in case such person does not exists he is liable to professional misconduct.

1 Like

CS,CA F,Numrologi TusharSampat (CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert) (85930 Points)
Replied 25 October 2012

Originally posted by : CA Anuj Diwan
	Yes Act is a Professional Misconduct. The CA in the Subscriber page certifies that he has witnessed the Signatories signing the Subscribers page & in case such person does not exists he is liable to professional misconduct.

AGREED.

CALTON DENNIS (Article Assistant) (147 Points)
Replied 26 October 2012

I TOO AGREE WITH MR.ANUJ DIWAN SIR

CA SHAFI SIDDIQUI (Ca in Practice) (228 Points)
Replied 26 October 2012

There is no liability for witness. A witness is signing only as a identifier of the subscibers. If there is any wrong information given by subscribers then only the witness can be called upon to give details of which he had identified the subscribers and the details given by them.

There is no liability for the witness.. A witness is signing only as identifier of the subscribers. If there is any wrong information given by the subscribers then only the witness can be called upon to give the details on the basis of which he had identified the subscribers and the details given by them

Pavan Zavar (NA) (57 Points)
Replied 28 October 2012

There is no iability for witness. The person making witness is only witness of "Signature" & not of "content of document".

Further, there is no need that, All Signatures must be made in personal presence of witness or in front of witness. However before making his sign as witness, such person must confirm from each signatory by other means...like by comfirming signing of said document on telephone or by other means.