Page 175 - Quick Insights Book 2022
P. 175

Ann. 14 – Revised Guidelines of Network


               in  the  prescribed Form “BB‟ shall be duly filed.  Every   8.4   A  Network  may  advertise  the  Network  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 Network 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  & Affiliates”  or  “A  Member  Firm  of A  B
               information as desired by the ICAI.                   Network” on  their  professional stationery. The  Council
                                                                     will make appropriate changes to this effect in Code of
          6.3   In  order  to  use  the  name  of  a  Network  within  the   Ethics.
               meaning of the Network Guidelines, its registration with
               the ICAI is mandatory. A Network Registration Number   9.   Consent of Clients
               (NRN) and a certificate of registration to this effect will
               be issued by the ICAI.                                The effect of registration of a Network with the ICAI will
                                                                     be  deemed  to  be  a  public  notice  of  the  Network  and,
          6.4   Unregistered Networks, if any, are not permitted to derive   therefore, consent of client will be deemed to have been
               undue advantage over registered networks. However, all   obtained.
               restrictions imposed by Network Guidelines on registered
               Networks  will  be  applicable  to  them.  Hence,  they  are
               advised not to operate unless registered with ICAI.  10.   Framework of internal byelaws of a Network
                                                                     A  Networking  arrangement,  as  referred  to  in  para  3
          7.   Change in constitution of a registered Network        above may include the following (illustrative only):
          7.1   In  case  of  change  in  the  constitution  of  a  registered   (i)   Appointment of one of the firms as the Lead Firm
               Network  on  account  of  any  entry  into  or  exit  from  or   to  act  as  a  facilitator  on  behalf  of  the  member-
               a  discontinuation  of  the  Network,  the  Network  shall   firms  of  the  Network. The  same  may  be  agreed
               communicate the same to the ICAI by filing a prescribed    to  by  the  member-firms  by  way  of  an  internal
               Form  “CC‟  within  a  period  of  thirty  (30)  days  from   agreement,  a copy of which  will  have  to be  filed
               the  date  of  such  change  and  a  revised  certificate  of   with the ICAI. The constituent firms will be at liberty
               registration will be issued by the ICAI in this regard. In   to choose a different constituent firm as the Lead
               case, an intimation is received at ICAI beyond 30 days,    firm to represent the Network, depending upon the
               then the change in constitution or discontinuation, as the   specialism and expertise required for a particular
               case may be, will be reckoned from the date of receipt     assignment.
               of intimation at ICAI.
                                                                     (ii)   Appointment  of  a  Managing  Committee,  from
          7.2   The Network will cease to exist, in case only one entity   among  the  managing  partners  of  the  member
               remains in Network on account of change in constitution    firms of the Network and the terms and conditions
               of Network.                                                under which it should function. The minimum and
                                                                          maximum  number  of  members  of  the  Managing
          8.   Ethical Compliance                                         Committee shall also be agreed upon.
          8.1   Once a Network as referred to in para 4.1 is registered   (iii)  Administration of the Network
               with the ICAI, it will be necessary for such a Network
               and  its  constituent  entities  to  comply  with  the  Code   (iv)  Contribution of membership fees to meet the cost
               of  Ethics  prescribed  by  ICAI  and  relevant  Council   of the administration of the Network.
               Guidelines.                                           (v)   Identifying  a  partner  of  any  of  the  member
                                                                          firms  of  the  Network  to  be  responsible  for  the
          8.2   If one firm of the network is the statutory auditor of an
               entity then the associate [including the networked firm(s)]   administration of the Network
               or the said firm directly/ indirectly shall not accept the   (vi)  Dispute settlement procedures through arbitration
               internal audit or book-keeping or such other professional   and conciliation and assumption of liabilities
               assignments  which  are  prohibited  for  the  statutory
               auditor firm. If one firm does audit work, another firm in   (vii)  Development of training materials for members of
               the Network cannot perform non-audit services of same      the Network
               client.                                               (viii)  Development  and  maintenance  of  data  bases

          8.3   In those cases where rotation of firms is prescribed by   relevant for different types of assignments
               any regulatory authority, no member firm of a Network   (ix)  Library
               can accept appointment as an auditor in place of any
               member firm of the Network which is retiring.         (x)   Appointment  of  a  technical  director  to  whom
                                                                          references can be made


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