As per announcement of ICAI dated 18th May, 2017
Now CA who is holding COP and also part time teacher/lecturer anywhere is not allowed to do advertising for classes by sharing of pamphlets and any other circulation of documents like Rank holder from their classes, etc. which is prohibited from now on wards Right??
Now they can put banner of their classes at premises only and only name is allowed
so we can say advertisement at classes premises like rank holder from their classes and no of students and other related matter is not allowed right??
And this will be not applicable to Non-COP chartered accountants right??
High Court Said following in
Harpal Singh Dhingra Vs Vinod Gupta Sir (Teaching DT)
The issuance of advertisements offering to take coaching classes and to impart of training to aspirants of the profession of chartered accountancy, cannot be said to be carrying on the profession of chartered accountancy. So high court concluded teaching is not equal to practicing profession.
Anyways let’s keep that aside.
Below is what icai said. It is for practicing ca, not to show there association with coaching classes on banner / poster / hoarding and other means (not defined , will assume that it means like examples given).
So stay away from banner / poster / hoarding nothing about rankholders is said, and name on brochure or pamphlet is must to give information.
Nothing about rankholders is mentioned.
From High Court Judgement
Theissuance of advertisements offering to take coaching classes and to impart of training to aspirants of the profession of chartered accountancy, cannot be said to be carrying on the profession of chartered accountancy
From ICAI Announcement
In view of the above, such members are advised to abstain from advertising their association with Coaching /teaching activities through hoardings, posters,
banners and by any other means, failing which they may be liable for disciplinary action, as per the provisions of Chartered Accountants Act, 1949 and Rules
/Regulations framed thereunder .
Subject to the above prohibition, such members may put, outside their
Coaching /teaching premises, sign board mentioning the name of
Coaching/teaching Institute, contact details and subjects taught therein only. As
regards the size and type of sign board, the Council Guidelines as applicable to
Firms of Chartered Accountants would apply.
Basically my question is
If practising C.A. who is also part time teacher / professor got special permission from ICAI for the same.
If he distribute pamphlet of Rank holder or Marks got by their students from his own classes / subject outside the examination hall will generally in practical life happens is he liable for guilty for professional misconduct.??
If this question is asked by ICAI in the exam what we have to write for the same.??
Here i want to say distribution of pamphlet is also one of the media of advertisement.
Smit, before announcement it was clear teaching is not equivalent as doing practice hence cl 6 / 7 were not applicable.
Now announcement says that cl 6 is applicable. But they say only name of ca should not appear. That means professors can give ad , hoarding , pamphlets etc with name of coaching classes and not name of CA. And results of past students can be displayed as regular custom across classes of all fields.
Or simply surrender cop and all this won’t be applicable.