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Ann. 15 – ICAI Rules of Merger & Demerger of CA Firms


               We hereby declare that:
               (a)   the network constituents have entered into an agreement to form this network.

               (b)   that the partner(s) signing this declaration has been duly authorized by the other partners of the firm
          Place : ………………………..                                                           Name(s) with Membership No(s).
                                                                                      and signature(s) of duly authorized

          Date                                                                        Partner(s)/Proprietor(s) of the firms/
                                                                                           Member constituting Network


                                      NOTIFICATION NO.1-CA(7)/60/2002, 8TH MARCH, 2002
          1-CA(7)/60/2002: In exercise of the powers conferred by clause (ii) of Part II of the Second Schedule to the Chartered Accountants
          Act, 1949, the Council of the Institute of Chartered Accountants of India hereby specifies that a member of the Institute in practice
          shall  be  deemed  to  be  guilty  of professional  misconduct,  if  he  accepts  the  appointment  as statutory  auditor  of  Public  Sector
          Undertaking(s)/Government Company(ies)/Listed Company(ies) and other Public Company(ies) having turnover of Rs. 50 crores or
          more in a year and accepts any other work(s) or assignment(s) or service(s) in regard to the same Undertaking(s)/Company(ies)
          on a remuneration which in total exceeds the fee payable for carrying out the statutory audit of the same Undertaking/company.
          Provided that in case appointing authority(ies)/regulatory body(ies) specify(ies) more stringent condition(s)/restriction(s), the same
          shall apply instead of the conditions/restrictions specified in this Notification.
          Explanation:
          1.   The above restrictions shall apply in respect of fees for other work(s) or service(s) or assignment(s) payable to the statutory
               auditors and their associate concern(s) put together;
          2.   For the above purpose,

               (i)   the  term  “other  work(s)”  or  “service(s)”  or  “assignment(s)”  shall  include  Management  Consultancy  and  all  other
                    professional services permitted by the Council pursuant to Section 2(2)(iv) of the Chartered Accountants Act, 1949
                    but shall not include: -
                    (i)   audit under any other statute;
                    (ii)   certification work required to be done by the statutory auditors; and

                    (iii)  any representation before an authority;
               (ii)   the  term  “associate  concern”  means  any  corporate  body  or  partnership  firm  which  renders  the  Management
                    Consultancy and all other professional services permitted by the Council wherein the proprietor and/or partner(s)
                    of  the  statutory  auditor  firm  and/or  their  “relative(s)”  is/are  Director/s  or  partner/s  and/or  jointly  or  severally  hold
                    “substantial interest” in the said corporate body or partnership;
               (iii)  the terms “relative” and “substantial interest” shall have the same meaning as are assigned under Appendix  (10)
                    [now Appendix (9)] to the Chartered Accountants Regulations, 1988.
          3.   In regard to taking up other work(s) or service(s) or assignment(s) of the undertaking/company referred to above, it shall
               be open to such associate concern or corporate body to render such work(s) or service(s) or assignment(s) so long as
               aggregate remuneration for such other work(s) or service(s) or assignment(s) payable to the statutory auditor/s together
               with fees payable to its associate concern(s) or corporate body(ies) do/does not exceed the aggregate of fee payable for
               carrying out the statutory audit.
          4.   This notification is applicable for any appointment(s) on or after 1st April, 2002.











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