CA Intermediate · Auditing and Ethics · Ethics and Terms of Audit Engagements
CA Rohan, a practising Chartered Accountant, is asked by a client, Sundaram Foods Pvt Ltd, to give a specific audit-related certificate. Rohan's friend, who is not a CA, will actually sign and sell the certificates using Rohan's name for a fee share while Rohan does no work. Which is the most appropriate characterisation under the Chartered Accountants Act, 1949 and Code of Ethics?
This is professional misconduct. Rohan lets a non-member carry out and sign professional work using his name while he does nothing, and shares fees with that non-member. The Chartered Accountants Act prohibits both acts, and disclosing the arrangement to the client does not make it acceptable.
- APermissible, as long as the fee share is disclosed to the client
- BPermissible, because certificates are not professional work
- CProfessional misconduct, as Rohan permits another person not entitled to practise to carry on work in his name and shares fees with a non-memberCorrect
- DOnly a civil matter between the friends, with no disciplinary consequence
Explanation
A member who allows a person not being a member in practice to sign or carry on professional work in his name, and shares professional fees with a non-member (other than permitted cases), commits professional misconduct under the First Schedule to the CA Act. Disclosure to the client does not cure it.
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