ICAI proposes Changes to Form 18- Form for Change in Particulars of CA Firms

ICAI vide its Draft Chartered Accountants (Amendment) Regulations, 2020 proposed changes to FORM ‘18’ related to PARTICULARS OF OFFICES AND FIRMS (See Section 2(2) of the Chartered Accountants Act, 1949, Regulation 53B and Regulation 190 of the Chartered Accountants Regulations, 1988).

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
NOTIFICATION
New Delhi, the 10th December, 2020

No. 1-CA(7)/197/2020.—The following draft of certain regulations further to amend the Chartered Accountants Regulations, 1988, which the Council of the Institute of Chartered Accountants of India proposes to make, is hereby published, as required by sub-section (3) of Section 30 of the Chartered Accountants Act, 1949 (38 of 1949) for the information of all persons likely to be affected thereby; and notice is hereby given that the said draft regulations will be taken into consideration on or after the expiry of a period of forty-five days from the date on which the copies of the Gazette of India in which these draft regulations are published, are made available to the public;

Any person desiring to make any objection or suggestion in respect of the said draft regulations, may forward the same to the Council of the Institute of Chartered Accountants of India within the period so specified, addressed to the Acting Secretary, The Institute of Chartered Accountants of India, ICAI Bhawan, Indraprastha Marg, New Delhi– 110 002;

Any objection or suggestion which may be received from any person with respect to the said draft regulations before the expiry of the period so specified will be taken into consideration by the Council.

Draft Regulations

1. (1) These regulations may be called the Chartered Accountants (Amendment) Regulations, 2020.

(2) They shall come into force on the date of their final publication in the Official Gazette.

2. In the Chartered Accountants Regulations, 1988,-

(1) In Schedule ―A‖ to the Chartered Accountants Regulations, 1988, the following Form 18 shall be substituted:-

“ FORM ‘18’

(See Section 2(2) of the Chartered Accountants Act, 1949, Regulation 53B and Regulation 190 of the
Chartered Accountants Regulations, 1988)

PARTICULARS OF OFFICES AND FIRMS

1. Name of firm/trade name of Chartered Accountant in practice

2. PAN number and GST Registration number of firm2

3. Name(s) of the proprietor/partners of firm with his/their membership number(s)

Details of Partners Holding Certificate of Practice – (CA/CS/ ICWA)

Details of Partners Holding Professional Qualifications Other than CA/ CS/ ICWA, permitted as per Regulation 53B

4. (a) Date of formation of proprietory/partnership firm

(b) Date on which the present partnership was entered into

(c) Whether the partnership is supported by a Deed?

(d) Whether all the partners are sharing the profits of the firm?

5. Ref. No; Date and particulars of approval of trade/firm name obtained from the Council (applicable to cases where the firm was started on or after 1.1.1983)

6. Address of the Head Office of the firm/Chartered Accountant in practice.

7. (a) Address(es) of the branch office(s) of the firm/Chartered Accountant in practice, if any

(b) Date on which each branch office was opened

8. Name of the member, with membership number who is in charge of each of the offices, i.e., head office and branch offices.

–

9. Whether the proprietor/any partner stated in serial number 3 above is/are partner or proprietor or paid assistant with any other firm(s) of chartered accountants in practice anywhere in India and whether any of them are engaged in a full time or a part-time occupation elsewhere ?

YES                             NO

10. If yes, give details in each case

11. In case of a firm, whether any partner is also practicing in his individual name?

YES                          NO

12. If yes, give name(s) and membership number(s) of the member(s)

13. Name(s) of the member(s) of the Institute with membership number(s) holding full time employment in the firm/under the chartered accountant in practice and date of joining of each such member.

14. Whether any paid assistant stated at serial number 13 above is partner or proprietor or paid assistant with any other firm(s) or chartered accountant in practice anywhere in India ?

YES                          NO

15. If yes, give details:-

16. Whether any paid assistant stated at serial number 13 above is practicing?

17. If yes, give name(s) and membership number(s) of the paid assistant(s)

Declaration

I/ We hereby confirm that the information given in this Form is true and correct.

Place:

Date:

Signature(s) of the
proprietor/all partner(s) of the
firm with their membership
number(s).]

RAKESH SEHGAL, Acting Secy.
[ADVT.-III/4/Exty./407/2020]

Note : The principal regulations were published in the Gazette of India, Extraordinary, dated the 1st June, 1988 vide number 1-CA(7)/134/88 dated 1st June, 1988 and subsequently amended by the following numbers:-

(i) Notification No.1-CA(7)/1/89, published in the Gazette of India, dated the 7th October, 1989;

(ii) Notification No.1-CA(7)/10/90, published in the Gazette of India, dated the 19th January, 1991;

(iii) Notification No.1-CA(7)/11/90, published in the Gazette of India, dated the 19th January, 1991;

(iv) Notification No.1-CA(7)/12/91, published in the Gazette of India, dated the 23rd February, 1991;

(v) Notification No.1-CA(7)/13/90, published in the Gazette of India, dated the 2nd February, 1991;

(vi) Notification No.1-CA(7)/19/92, published in the Gazette of India, dated the 7th March, 1992;

(vii) Notification No.1-CA(7)/28/95, published in the Gazette of India dated the 1st September, 1995;

(viii) Notification No.1-CA(7)/30/95, published in the Gazette of India, Extraordinary dated the 13th March, 1996;

(ix) Notification No. 1-CA(7)/31/97, published in the Gazette of India, dated 16th August, 1997;

(x) Notification No. 1-CA(7)/44/99, published in the Gazette of India dated the 26th February, 2000;

(xi) Notification No.1-CA(7)/45/99, published in the Gazette of India, dated the 26th February, 2000;

(xii) Notification No.1-CA(7)/51/2000, published in the Gazette of India, Extraordinary, dated the 17th August, 2001;

(xiii) Notification No.1-CA(7)/59/2001, published in the Gazette of India, Extraordinary dated the 28th September, 2001;

(xiv) Notification No.1-CA(7)/64/2002, published in the Gazette of India, Extraordinary dated the 31st March, 2003;

(xv) Notification No.1-CA(7)/64A/2003, published in the Gazette of India, Extraordinary dated the 4th December, 2003;

(xvi) Notification No.1-CA(7)/83/2005, published in the Gazette of India, Extraordinary dated 28th July, 2005;

(xvii) Notification No.1-CA(7)/84/2005, published in the Gazette of India, dated the 17th June, 2006;

(xviii) Notification No. 1-CA(7)/92/2006, published in the Gazette of India, dated the 13th September, 2006;

(xix) Notification No. 1-CA(7)/102/2007(E), published in the Gazette of India, dated the 17th August, 2007;

(xx) Notification No.1-CA(7)/116/2008, published in the Gazette of India, dated the 25th September, 2008;

(xxi) Notification No.1-CA(7)/123/2008, published in the Gazette of India, dated the 3rd December, 2008;

(xxii) Notification No. 1-CA(7)/145/2012, published in the Gazette of India, Extraordinary dated the 1st August, 2012;

(xxiii) Notification No. 1-CA(7)/154/2014, published in the Gazette of India, Extraordinary dated the 22nd July, 2014;

(xxiv) Notification No. 1-CA(7)/167/2014, published in the Gazette of India, Extraordinary dated the 23rd January, 2015;

(xxv) Notification No.1-CA(7)/178/2016, published in the Gazette of India, Extraordinary dated the 25th May, 2017;

(xxvi) Notification No.1-CA(7)/193/2020, published in the Gazette of India, Extraordinary dated the 19th October, 2020.