Information about practicing CA and code of ethics

Hello all,

I would like to know can a member in practice become employee in a CA firm.

Is it allowed as per code of ethics to hold COP as well as become an employee? If yes, then how the disclosure should be made.

 

 

Thanks in advance 

 

 

Replies (1)

According to the regulations of the Institute of Chartered Accountants of India (ICAI), a member in practice (holding a Certificate of Practice - COP) can indeed work as an employee in another CA firm.

Key Provisions

  • Deemed to be in Practice: As per the Chartered Accountants Act, 1949, a member who is a salaried employee of a Chartered Accountant in practice or a firm of such Chartered Accountants is "deemed to be in practice" despite their employment.

  • General Permission: The ICAI grants general permission for members in practice to be employed by other CA firms or individual practicing members. Unlike other forms of business or employment, this specific engagement does not require a separate application for permission from the ICAI council.

  • Ethical Obligations: While this arrangement is permitted, the member must continue to uphold the fundamental principles of the Code of Ethics, such as integrity, objectivity, professional competence, and confidentiality.

Important Considerations

  • Conflict of Interest: You must ensure that your role as an employee does not create a conflict of interest, especially if you are involved in auditing or attestation work for clients of your employer while simultaneously maintaining your own practice.

  • Attest Functions: As a member in practice, you retain your right to perform attest functions. However, if you were to engage in other types of employment (e.g., in a non-CA business entity), you would typically be classified as "part-time in practice," which would prohibit you from performing certain attest services. Employment within a CA firm does not carry this prohibition.


Summary: Yes, a member in practice can be an employee in a CA firm. This is generally permitted by the ICAI under the "deemed to be in practice" provision, meaning you do not need to file for special permission to join a firm of practicing CAs. You should, however, maintain compliance with all ethical standards regarding independence and conflict of interest.

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