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

Interesting question

Shudhanshu Agrawal (Business) (2570 Points)

08 June 2010

Can a company carry professional work??

It seems to be easy question but please comment after analysing the facts, laws and case studies.

Hope to receive lots of replies.

Reply
Follow
Share

45 Replies

Ashish (CA) (166 Points)
Replied 08 June 2010

Yes. Co can carry professional work.

Example of such companies is credit rating agencies.

Shudhanshu Agrawal (Business) (2570 Points)
Replied 08 June 2010

Dear Ashish,

Company is an artificial person and to carry a profession one need to have mind and skills. But artificial person can not have mind and skills so company cannt carry profession.

Now comment on it.

Ashish (CA) (166 Points)
Replied 08 June 2010

For providing the professional work one needs mind and skill. But in case of artifical judiciary persons the employee of such person should posses the such skill. on such employe base co can conduct the Professional work.

Shudhanshu Agrawal (Business) (2570 Points)
Replied 08 June 2010

My dear friend but what i know is that comapny is a seprate legal entity seprate from its employees and shareholders and directors.

If i accept your view then any person can sign and work on behalf of company and there will be no difference in comapny and agency.

Ashish (CA) (166 Points)
Replied 08 June 2010

Dear Shudhanshu,

Employee can sign in their respective capacity as officer of co.

If u r considering CA, CS then they have to sign on their behalf as the liability of such person in case of Statuatory reoprts is in Personal capacity.

Statutory reports are those where the specific Law Specify that Speficifed Person should authenticate the report.

For other than those statutorily requirements the Co can carry professional work.

Co cannot carry Stat or Tax Audit. as such law specifically required the Personal capacity of CA. In case of firm the Liabilities are unlimited i.e Partners are personally liable.

Take the example of Credit rating agencies, Engg consulting providing companies, Various Consultanting companies, etc

Shudhanshu Agrawal (Business) (2570 Points)
Replied 08 June 2010

Dear Ashish,

I want you should analyse the points you made himself because in every point it is clear that individual CA or CS is responsible and not the company. Where as in case of company the responsibilty is always on the comany and not on members.

Ashish (CA) (166 Points)
Replied 08 June 2010

Co can carry profesional work Statutory repoting requirement is not there.

In case of CA or CS all servicies they provide are not statutarily required.

Plz don't consider the signing requirement as yard stick for Professional work

Even Consultants, Lawers who do not sign their work provide Professional work. Other than CA/CS their so many professionals. Don't limit its scope.

Consider the case othen then CA/CS. In case of companies, Employee May be CA / CS / Engg is Officer of Co and in case of any misconduct he is held liable, if he was negligent in his work.

CA. Ritesh Kashyap (Chartered Accountant) (54 Points)
Replied 08 June 2010

I agree with Mr Ashish
A com. Can carry a professional work and there is no such limits on co. That they only carry mfr. Prod. Activity.
The directors or the persons charged with governance will be held responsible for jobs done on behalf of co. wether the job done by the directors himself or by the employees it doesn't matter.
If you are saying on the basis that the co. Is an artificial judicial person having no its own mind & skill then how a pepsi co. Can mfr a colddrinks as the pepsi co. On his own have as artificial judicial person has no skill to mfr a cold drink its actually employees& labour working under the name of pepsi

CA Gopal Soni (Chartered Accountant) (91 Points)
Replied 08 June 2010

A company can carry professional work....Company being an artificial body is no matter of discussion...its just a banner under which all professionals work....in some cases corporate veil is lifted...major decisions are given after lifting corporate veil....

Shudhanshu Agrawal (Business) (2570 Points)
Replied 08 June 2010

Can you tell me any company which carry professional work???

Aneesh (Pursuing CA) (101 Points)
Replied 08 June 2010

I dont think Mr Ritesh's example of PEPSICO is relevant here. The fact that PEPSICO makes soft drinks is not a profession but a matter of Manufacture and trade....definitely NOT profession.

Further Mr Ashish if you are saying that a company can be a statutory auditor ...then it is not allowed as per the provisions of the Companies Act, 1956. But on the other hand lets take the example of Ernst & Young Pvt Ltd...a corporatre providing Tax & Advisory services.

In the case of negligence or wrongful conduct the officer behind the mis-conduct who can be held responsible for the same.

sunil (article) (47 Points)
Replied 08 June 2010

seperate recognition only in respect of legality.

even if u take business all decisions taken by directors and share holders

Shudhanshu Agrawal (Business) (2570 Points)
Replied 08 June 2010

I agree with Mr. Ritesh. Moreover, i haven't seen any audit report issued by E & Y on the letter head of E & Y Pvt Ltd. Now let me put more question regarding compliance of Companies Act. How they will comply Board Meetings and other things???