Chartered Accountants Act, 1949
PART 1 PROFESSIONAL MISCONDUCT IN RELATION TO CHARTERED
ACCOUNTANT IN PRACTICE REQUIRING ACTION BY A HIGH COURT
A chartered accountant in practice shall be deemed to be guilty
of professional misconduct, if he-
(1) discloses information acquired in the course of his
professional engagement to any person other than his client, without the
consent of his client or otherwise than as required by any law for the time
being in force;
(2) certifies or submits in his name or in the name of his firm
a report of an examination of financial statements unless the examination of
such statements and the related records has been made by him or by a partner or
an employee in his firm or by another chartered accountant in practice;
(3) permits his name or the name of his firm to be used in
connection with an estimate of earnings contingent upon future transactions in
a manner which may lead to the belief that he vouches for the accuracy of the
forecast;
(4) expresses his opinion on financial statements of any
business or any enterprise in which he/his firm or a partner in his firm has a
substantial interest, unless he discloses the interest also in his report;
(5) fails to disclose a material fact known to him which is not
disclosed in a financial statement, but disclosure of which is necessary to
make the financial statement not misleading;
(6) fails to report a material mis-statement known to him to
appear in a financial statement with which he is concerned in a professional
capacity;
(7) is grossly negligent in the conduct of his professional
duties;
(8) fails to obtain sufficient information to warrant the
expression of an opinion or his exceptions are sufficiently material to negate
the expression of an opinion;
(9) fails to invite attention to any material departure from the
generally accepted procedure of audit applicable to the circumstances;
(10) fails to keep moneys of his client in a separate banking
account or to use such moneys for purposes for which they are intended.