No Signed Copy Of Notification that Chartered Accountant Can Form LLP Of April 2011-RTI

The Ministry of corporate affairs has no signed copy of circular that permit the chartered accountant are allowed to form LLP ie body corporate, The name of the competent person issued this circular has also been hided. The unsigned circular has been uploaded in website violating section 25(1) of Chartered accountant act. Read the RTI and Reply which is self explanatory . Even ICAI failed to provide signed copy in RTI reply.

Section 25 in the Chartered Accountants Act, 1949

25 Companies not to engage in accountancy :-

(1) No company, whether incorporated in India or elsewhere, shall practice as chartered accountants.

(2) If any company contravenes the provisions of sub-section (1), then, without prejudice to any other proceedings which may be taken against the company, every manager, secretary and any other officer thereof who is knowingly a party to such contravention shall be punishable with fine which may extend on first conviction to one thousand rupees, and on any subsequent conviction to five thousand rupees.

Final Status of   MOCAF/R/2019/50190

Applicant Name	Sapan Shrivastava
Date of receipt	01/03/2019
Request Filed With	Ministry of Corporate Affairs
Text of Application	Chartered accountants are allowed to form LLP to become Statutory Auditors by MCA circular. RTI Question 1. Copy Of Signed circular of permission to LLP formation by CA issued By MCA. 2. Copy Of all file noting and comments in the process to issue aforesaid circular of LLP formation by CA. 3 Name of Person given Legal Opinion with Post and office address.
Request document (if any)
Status	REQUEST DISPOSED OF as on 26/03/2019
Date of Action	26/03/2019
Remarks	Reply :- In regard to information as asked by the applicant under the RTI Act, it is stated that only such information which is held by or under the control of public authority can be provided under section 2(j) of the RTI Act. Honble CIC in K. Lall v. ARoC (CIC/AT/A/2007/00112, dated 12.04.2007) has held that once a certain information is placed in the public domain accessible to the citizens either freely, or on payment of a pre-determined price, that information cannot be said to be held or under the control of the public authority and, thus would cease to be an information accessible under the RTI Act. The decision of the CIC in K. Lall v. ARoC has been upheld by the Honble Delhi High Court in RoC v. Dharmendra Kumar Garg in W.P.C 11271/2009 dated 01.06.2012.

Final Status of   MOCAF/R/2019/50191

Applicant Name	Sapan Shrivastava
Date of receipt	01/03/2019
Request Filed With	Ministry of Corporate Affairs
Text of Application	Information about general circular 10 of 2011 date 4 April 2011 about interpretation of word PARTNERSHIP for chartered accountants RTI question 1. Name Of Competent authority with post. 2. Copy of signature of approval or consent by aforesaid competent authority in aforesaid circular .
Request document (if any)
Status	REQUEST DISPOSED OF as on 26/03/2019
Date of Action	26/03/2019
Remarks	Reply :- Circulars are issues with the approval of Corporate Affairs Minister/Secretary Corporate Affairs.

Final Status of   ICAOI/R/2019/50065

Applicant Name	Sapan Shrivastava
Date of receipt	01/03/2019
Request Filed With	Institute of Chartered Accoutant of India
Text of Application	Chartered accountants are allowed to form LLP to become Statutory Auditors by MCA circular. RTI Question 1. Copy Of Signed circular of permission to LLP formation by CA issued By MCA. 2. Copy Of all file noting and comments in the process to issue aforesaid circular of LLP formation by CA. 3 Name of Person given Legal Opinion with Post and office address.  4. Copy of comments by ICAI before issuance of aforesaid circular sent to MCA .
Request document (if any)
Status	REQUEST DISPOSED OF as on 25/03/2019
Date of Action	25/03/2019
Remarks	Reply :- Dear Sir/Madam The reply is enclosed. Regards CPIO ICAI
Reply Document

General Circular No. 10/2011

No. 17/71/2011‐CL V

Government of India

Ministry of Corporate Affairs

5th Floor, A Wing, Shastri Bhavan,

Dr. R.P. Marg, New Delhi‐110001

Dated : 04.04.2011

C I R C U L A R

Subject :‐ Interpretation of the word “Partnership” for the purpose of Chartered Accountants Act,

1949, Cost and Works Accountants Act, 1959 and Company Secretaries Act, 1980.

The Acts governing the three professional Institutes define in Section 2 members who are deemed

to be in practice. In all the three Acts, there is a provision for a member to be in practice when he is in

partnership with certain others. In the case of Chartered Accountants and Cost & Works Accountants, such

persons must be member of the same Institute, while in the case of Company Secretaries, it is provided

that the partnership could also be with members of such other recognised professions as may be

prescribed.

2 At the time of enactment of the three Acts governing the professional Institutes, only one form of

partnership existed in India, namely Partnerships under Indian Partnership Act, 1932. Subsequently,

Parliament has enacted the Limited Liability Partnerships Act, 2008. Though Limited Liability Partnerships

are bodies corporate under Section 3(i) of the LLP Act, the fact that LLPs are basically partnerships may be

seen from the definition in Section 2(i) (n) :‐

“ Limited Liability Partnerships means a partnership formed and registered under this Act.

Section 2(i)(q) defines a partner as “any person who becomes a partner in the limited liability

partnership in accordance with the Limited Liability Partnership Agreement”

It is thus clear that a Limited Liability Partnership is also a partnership and its members are also

partners.

..2/‐

‐2‐

3. The matter of permitting member of ICAI, ICWAI and I ICSI was been examined in this Ministry.

Acts governing these professionals were passed at a time when limited liability partnership did not exist. It

is also clear from the definitions in the Limited Liability Partnership Act that such entities are also

partnerships and their members are also partners. In the context of Section 2 of the Acts governing the

professional Institutes, this interpretation is also not repugnant to the context. Accordingly, it is clarified

that the words “partnership” wherever occurring in the Chartered Accountants Act, 1949, the Cost and

Works Accountants Act, 1959 and the Company Secretaries Act, 1980 shall mutatis mutandis be construed

as including those Limited Liability Partnerships where all the other partners are natural

persons(individuals). The word “partner” shall also be construed accordingly. This clarification shall apply

only to these three Acts and not to any other enactment where the word “partnership’ occurs.

4. This issues with the approval of Competent Authority.

Yours faithfully,

( Seema Rath )

Assistant Director (Inspection)

Tele : 011-23387263

To

All Regional Directors

All Registrar of Companies

All Official Liquidators