Page 163 - Quick Insights Book 2022
P. 163

Ann. 14 – Revised Guidelines of Network


          5.3   Provisions  of  Regulation  190  of  the  Chartered   8.   Ethical Compliance
               Accountants  Regulations,  1988  shall  be  applicable  to
               the  name  of  an Alliance.  However,  even  if  a  name  is   8.1   Once an Alliance as referred to in para 4.1 is registered
               approved and subsequently it is found that the same is   with the ICAI, it will be necessary for such an Alliance
               undesirable,  the  said  name  may  be  withdrawn  at  any   and  its  constituent  entities  to  comply  with  the  Code
               time by the ICAI.                                     of  Ethics  prescribed  by  ICAI  and  relevant  Council
                                                                     Guidelines.
          5.4   The ICAI shall approve or reject the name of an Alliance
               and  intimate  the  same  to  the Alliance  at  its  address   8.2   If one firm of the Alliance is the statutory auditor of an
               mentioned  in  the  prescribed  Form  “A”  within  a  period   entity then the associate [including the Alliance firm(s)]
               which shall not be later than 30 days from the date of   or the said firm directly/ indirectly shall not accept the
               receipt of the said Form.                             internal audit or book-keeping or such other professional
                                                                     assignments  which  are  prohibited  for  the  statutory
                                                                     auditor firm. If one firm does audit work, another firm in
          6.   Registration of an Alliance
                                                                     the Alliance cannot perform non-audit services of same
          6.1   After  the  name  of  an Alliance  is  approved  as  per  the   client.
               provisions under para 5 of the Guidelines, the ICAI shall
               reserve such name for a period of three (3) months from   8.3   In those cases where rotation of firms is prescribed by
               the date of approval.                                 any regulatory authority, no member firm of an Alliance
                                                                     can accept appointment as an auditor in place of any
          6.2   An Alliance  shall  come  into  existence  only  if  it  is   member firm of the Alliance which is retiring.
               registered  with  the  ICAI  and  for  which  an  application
               in  the  prescribed  Form  “B‟  shall  be  duly  filed.  Every   8.4   An Alliance  may  advertise  the Alliance  to  the  extent
               agreement, bye-law, MOUs, by whatever name called,    permitted by the Advertisement Guidelines issued by the
               must be filed with ICAI, without which registration will not   ICAI. The firms constituting the Alliance are permitted to
               be given. The ICAI shall register or reject the application   use the words “A Member Firm of A B” or “A Member
               within 30 days of filing the application or submission of   Firm of A B & Alliance” on their professional stationery.
               information as desired by the ICAI.                   The Council will make appropriate changes to this effect
                                                                     in Code of Ethics.
          6.3   In  order  to  use  the  name  of  an Alliance  within  the
               meaning of the Alliance Guidelines, its registration with   9.   Consent of Clients
               the ICAI is mandatory. An Alliance Registration Number
               (ARN) and a certificate of registration to this effect will      The effect of registration of an Alliance with the ICAI will
               be issued by the ICAI.                                be  deemed  to  be  a  public  notice  of  the Alliance  and,
                                                                     therefore, consent of client will be deemed to have been
          6.4   Unregistered Alliances, if any, are not permitted to derive   obtained.
               undue advantage over registered Alliances. However, all
               restrictions imposed by Alliance Guidelines on registered   10.   Framework of internal byelaws of an Alliance
               Alliances  will  be  applicable  to  them.  Hence,  they  are
               advised not to operate unless registered with ICAI.     An Alliance arrangement, as referred to in para 3 above
                                                                     may include the following (illustrative only):
          7.   Change in constitution of a registered Alliance       (i)   Administration of the Alliance

          7.1   In  case  of  change  in  the  constitution  of  a  registered   (ii)   Dispute settlement procedures through arbitration
               Alliance  on  account  of  any  entry  into  or  exit  from  or   and conciliation and assumption of liabilities
               a  discontinuation  of  the Alliance,  the Alliance  shall
               communicate the same to the ICAI by filing a prescribed   (iii)  Resource sharing arrangements
               Form “C‟ within a period of thirty (30) days from the date           Appendix-1
               of such change and a revised certificate of registration   (Referred to in para 4 of the Guidelines for Alliance and
               will  be  issued  by  the  ICAI  in  this  regard.  In  case,  an   forms an integrated part of the Guidelines)
               intimation is received at ICAI beyond 30 days, then the
               change  in  constitution  or  discontinuation,  as  the  case   Concept
               may  be,  will  be  reckoned  from  the  date  of  receipt  of
               intimation at ICAI.                             1.1   To enhance their ability to provide professional services,
                                                                     firms  frequently  form  larger  structures  of  a  group
          7.2   The Alliance will cease to exist, in case only one entity   of  entities  with  other  entities.  Whether  these  larger
               remains in Alliance on account of change in constitution   structures create an Alliance, depends on the particular
               of Alliance.
                                                                     facts and circumstances. The firms enjoy more freedom
                                                                     to  operate  in  comparison  to  constituents  of  Network.


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