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CS Professional · Drafting, Pleadings and Appearances · Appearance before other Regulatory and Quasi-judicial Authorities

CA Anil Rao was a chartered accountant whose certificate of practice lapsed last year and was not renewed. He remains a member of the Institute. Sunrise Foods Ltd authorises him to present its case before the Commission as a chartered accountant. Under Section 35 of the Competition Act, 2002, what is the position?

He does not qualify as a chartered accountant for Section 35. The Explanation requires a certificate of practice under the Chartered Accountants Act, 1949, so mere membership is insufficient. He could appear only if he fell in another permitted category, such as an officer of the company.

  1. AHe qualifies, since membership of the Institute is enough
  2. BHe does not qualify as a chartered accountant under the Explanation, which requires a certificate of practice, unless he is otherwise an officer of the company or a legal practitionerCorrect
  3. CHe qualifies only if the Commission accepts his past experience
  4. DHe qualifies if the company ratifies his appointment later

Explanation

The Explanation to Section 35 defines chartered accountant as one who has obtained a certificate of practice under section 6(1) of the Chartered Accountants Act, 1949. Without a valid certificate he is not within that category, though he could appear if he were an officer of the company. Membership alone, experience or ratification does not cure this.

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