Page 161 - Quick Insights Book 2022
P. 161

Ann. 14 – Revised Guidelines of Network


          In  order  to  overcome  the  above  impediments,  it  is  proposed   members to view and take informed decision.
          in Network Guidelines that firms may come together to form a   b)   Any firm of Chartered Accountants can become a part
          Network and register the same with ICAI. By way of an internal   of any one Alliance or any one Network. If it intends to
          agreement amongst the firms, one of the firms will be chosen   become part of one Alliance, it cannot become part of
          as the Lead firm. This Lead firm will bid for professional work   a Network, and vice versa.
          on  the  basis  of  the  combined  strength  and  resources  of  the   c)   ICAI will consider providing a Model deed/ template.
          Network firms. ICAI will consistently persuade the Government
          and  other  appointing  authorities  to  recognize  strength  of   d)   Name  of Alliance/  Network  should  resemble  name  of
          Network  for  the  purpose  of  determining  eligibility  to  bid  for   member-firms  or  a  combination  of  acronym. Alliance/
          tenders.  While  doing  so,  the  ICAI  will  also  emphasise  merit   Network  should  not  bear  the  name  of  God/  Goddess/
          points based on longevity of association of firms in Network.  deity or which has no relationship with name of member-
          The  Network  firms  will  then  discuss  and  decide  amongst   firms.  Descriptive  names  will  not  be  allowed.  Names
                                                                     which  smack  of  publicity  will  not  be  allowed.  Names
          themselves  the  strategy  for  execution  of  the  professional   which resemble any of the existing firms or network will
          work. They may distribute the work on the basis of expertise   not be allowed. Brand name should be owned only by
          possessed by each firm or on the basis of geographical location   Indian citizen who is resident in India.
          of the firms or on any basis mutually acceptable to them. They
          will also decide  how the fees will be distributed  amongst the   e)   Alliance/ Network will be permitted as joint ventures for
          firms, on the basis of quantum of work, mandays and expenses   specific assignments.
          involved.  Initially,  some  firms  may  sacrifice  a  bit  in  order  to   f)   Documents such as deeds, MOUs, forms can be signed
          sustain and continue in the Network, but gradually when work   by the Managing Partner of each of the member-firms
          starts flowing in, all firms are benefitted and can grow bigger.   and need not be signed by all partners.
          More  importantly,  when  big  professional  work  starts  flowing   g)   Only  firms  and  LLPs  can  become  member-firms  in
          in, it will enhance the competency of all the firms in Network.   Alliance/  Network.  Individual  practitioners  are  not
          Capacity building and capability building will take care by itself.  permitted to be part of Alliance/ Network.
          The  constituent  firms  will  be  at  liberty  to  choose  a  different   h)   Every  agreement,  bye-law,  MOUs,  by  whatever  name
          constituent  firm  as  the  Lead  firm  to  represent  the  Network,   called, must be filed with ICAI, without which registration
          depending  upon  the  specialism  and  expertise  required  for  a   will not be given.
          particular assignment.                               i)    The legal status of Alliance/ Network can be that of AOP
          Since it may not be possible to obtain and execute work in the   as recognised by tax laws. Alliance/ Network may open
          name of Network, the lead firm will secure work and distribute   bank accounts in its own name, obtain PAN and GST
          tasks  amongst  the  constituent  firms,  provided  the  client  has   registration.
          no  objection  for  such  an  arrangement. There  are  enormous   j)   Alliance/  Network  can  take  up  non-attest  assignments
          opportunities available other than audits allotted by authorities,   in its own name, if work is so assigned.
          and consultancy works, which can be executed under lead firm
          concept. Once work starts to flow in the name of Network itself,   k)   Alliance/ Network may prepare a common balance sheet
          lead firm concept can be done away with.                   and get the same audited.
          ICAI  may  prescribe  certain  do’s  and  don’ts  in  the  Internal   l)   Alliance/  Network  can  have  website  of  its  own.
          agreements, so as to guide the firms as to what is permissible   Appropriate  guidelines  will  be  prepared  by  Ethical
          and what is not. The general prescription will be to adhere to   Standards Board of ICAI.
          ICAI’s Code of Ethics and Council Guidelines.
          The  issues  that  need  to  be  kept  in  mind  is  wherever            ANNEXURE I
          appointment  letter  is  taken  in  the  name  of  Lead  firm,  other   THE GUIDELINES FOR ALLIANCE
          firms, though they may contribute in completing the assignment,
          but may not be able to claim credit of experience of task. The   1.   Short Title & Commencement
          situation  can  be  met  by  entering  into Agreement  listing  out
          respective tasks.                                          (i)   These  guidelines  may be called  “The  Guidelines
                                                                          for Alliance‟, hereinafter referred as “The Alliance
          5.    Further guidance given by Council                         Guidelines‟.
          Based on views collected at Outreach Programmes and based   (ii)   The Alliance Guidelines have come into force on
          on  deliberations  within  the  Council,  the  Council  has  given   the 9th February, 2021.
          following further guidance to the members:
          a)   Firms might need to have detailed knowledge of other   2.   Objective
               firms to make up their mind as to with which firm they
               will go for Alliance/ Networking. Therefore, data of firms   2.1   The objective of the Alliance Guidelines is to provide a
               will be made available in the Self Service Portal for the   framework for a firm of Chartered Accountants seeking
                                                                     benefits from Alliance, such as:

           148                                               Quick Insights   on   Professional Opportunities for Chartered Accountants
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