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Qualification/Disqualifications in CA act

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Aadesh Kandel,

Last Updated: 2022-08-03

 

Councilor Ceases to hold office in Following cases

  • Expiry of Term
  • Dies
  • Resignation tendered
  • Breach of Conduct
  • Ceases to be Member of the institute
  • Absent in 3 consecutive meetings without an appropriate reason

Member Ceases to hold office in Following cases - ASB/SAB

  • Death
  • Member name is removed from the register of members
  • Insane
  • 3 Consecutive Meetings
  • Convicted of an offence involving moral turpitude and punished
  • Resignation

Disqualification for Membership

  • not having qualification as in 16(2) - Not having passed Examinations
  • below 21 years of Age
  • Insolvent
  • Insane
  • Convicted

Removal from register of Members

  • Disqualified for membership (Section 18)
  • Insane
  • Fails to pay fees as prescribed
  • Dies
  • Convicted

Rule 47

  • 14(5) - Disciplinary Committee
  • Disqualified - Section 18
  • Failed to Pay fees as 22(1)(b)
  • Cancelled - Section 23
  • Rule 46(3) - Membership Fees not paid and CPE Hours not completed

such member can make application accompanied by a reasonable ground for re-registration - if appropriate, Institute may grant membership/re-register. Payment of Fees - Normal Fees + 40% of extra charges



Cancellation of Membership

  • Name of any person has been registered by fraud or mistake
  • Section 14(5) - Disciplinary committee may cancel or suspend Membership
  • Membership Fees not paid and CPE Hours not completed - Rule 46



Cancellation of COP

  • Obtained by Submitting False Particulars
  • Name Removed from Membership Register
  • As per Rule 52(3)

Suspension of COP

  • Section 14(5)(c) - Disciplinary Committee - prohibition on carrying on accountancy for a specific period
  • Applies for Suspension for Certain Period
  • Not completed CPE Hours
  • RA member enrolled in CA Course during the period of articleship
Corporate Law

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Aadesh Kandel

Category : Corporate Law

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