Many of our members have made the Institute proud by excelling themselves professionally at foreign lands. The Institute has all along been for espousing the cause of members and all the members including the members based overseas have a special place for the Institute. Being a part of a profession, which is regulated under the Indian enactment, a member is required to follow certain set guidelines and procedures. For the sake of brevity and ease in accessibility of information, an effort has been made to compile the usual queries of a Indian Member based overseas so that he has readymade information/ clarification on doubts on procedural issues pertaining to the regulatory requirement at a glance.

While the illustrative queries and their clarification have been listed herein under; members may like to send us more areas of the queries which would be included in the section for wider benefit. This being a continuous updating process, efforts would be made to consolidate and update this portion on a continuous basis. Newer queries and your feedback on extent and range of queries would be welcome.

Q.1

What is the procedure to be followed by a member of the Institute residing abroad to keep his membership active?

Ans.

A member of the Institute is currently required to pay a sum of Rs.300/- if he is an Associate member and Rs.900/- if he is a Fellow member as the renewal fees for the membership every year. The payment of membership fee becomes due on 1st of April, every year and is payable by 30th of September of that year. A member residing abroad can keep his membership active by remitting the annual membership fee through Payment Gateway or by demand draft to the concerned DCO. Membership fee can be paid in advance for a period of three years. Members are informed of the payment of Annual membership / C.O.P fee through a Circular letter issued in the month of March. An announcement regarding the payment of fee is also hoisted on the Web-site.

Q.2

What is the currency and the manner in which membership fees can be paid by members residing abroad ?

Ans

The amount of membership fee has been fixed in Indian rupees. Information on the fee structure and method of payment is available on the Institute's website at the link http//www.icai.org/members/pay_ann_fee.html . This link also provides information on advance payment of fee. However the fee can also be paid in US $ at the prevailing exchange rate. The normal method of payment is by way of Demand Draf/ Local cheque in favour of the Secretary, the Institute of Chartered Accountants of India payable at respective places where the concerned decentralized offices are situated. . You or your representative in India can also deposit the payment on your behalf by putting a local cheque for clearing. The Payment through credit card can also be made.

Q.3

Can the members pay their fees On line?

Ans.

The Institute has provided this facility to all members and a link of 'Online Payment of Fee' is available on the Home Page of the website. Members may follow the instructions thereat and make the payment of fees. The payment through this mode can be made not only for annual membership fees but also for cases like restoration fee, fellow admission fee, COP fees and condonation fee whenever applicable.

Q.4

Can the members submit the relevant forms by email ?

Ans

Yes. Members can submit certain forms viz. form 6 - for grant of COP, form 9 - for restoration of membership, form 117- for firm name approval and form 18- for registration of firm (to be digitally signed by all authorized partners) through email authenticated by digital signatures alongwith requisite fees wherever applicable using payment gateway.

Q.5

What are the consequences if the annual membership fee is not paid within the stipulated time ?

Ans

If the membership fee is not remitted before 30th September the name of the member would be removed/certificate of practice cancelled with effect from 1st October of the year concerned. The member cannot use the designation Chartered Accountant or the qualification ACA or FCA as the case may be. In the case of members holding certificate of Practice his right of practice will cease and his association, if any, with firm of Chartered Accountants in India as a partner etc will also came to end.

Q.6

In the event of removal of membership, what is the procedure for restoration of membership?

Ans.

A member, whose name has been removed from the Register of Members, and desirous of Restoration of name in Register of Members -is required to apply in Form No.9 which can be downloaded from (please click here for further details) and is to be submitted alongwith :

1. Membership fee for the year during which his name was removed from Register of Members.

2. Membership fee for the year in which restoration is sought.

3. Restoration fee of Rs. 100/-

4. C.O.P. fee, if intends to hold C.O.P.

The application for Restoration of name in the Register of Members has to be filed with the Decentralized office (please click here for full details of Decentralised offices) where your address falls i.e. in case before moving overseas your physical records are with, say eastern region; you shall apply to Eastern India Regional Office for filing the required documentation. On compliance of above requirements, the name will be restored w.e.f. the date of receipt of Form 9 (for Form 9, please click here) with Restoration fee of Rs. 100/- and prescribed fee, in the respective Decentralized Office. The forms/documents may be sent by post/courier. It may also be sent through email with digitally signed form no. 9 with remittance made through Payment Gateway. On compliance of the above requirements the name will be restored w.e.f. the date of receipt of Form '9'.

Restoration of name with retrospective effect will be made provided application for restoration in Form 9 along with membership fee and C.O.P. fee (if you intend to hold C.O.P.) and restoration fee is received within the same financial year.

Q.7

(a) Whether an Associate Member of the Institute practicing abroad is eligible to become Fellow Member ?

(b) Whether a member's service as a paid assistant outside India with a firm of chartered accountants can be recognized for the purpose of fellowship ?

Ans

(a) No. Only members who being associates and who have been in continuous practice in India for atleast five years are eligible to apply for admission to fellowship on payment of prescribed fee and submission of Form '3' [Section 5(3) of the Chartered Accountant Act, 1949].

(b) The member working as a paid assistant with a foreign firm of accountants outside India is eligible for admission as a fellow member provided the firm is having atleast one partner who is/was either the member of the ICAI or who is/was eligible to become its member under Section 4(1)(v) of the Chartered accountants Act.

Q.8

Whether an Associate Member employed in Industry abroad is eligible to become fellow member ?

Ans

An associate member serving in an industry abroad for a continuous period of not less than 5 years in one or more posts carrying duties relating to accounts, cost accounts, audit, finance, taxation, company law and/or secretarial work, is eligible to become a fellow member.

If there is a break in the continuity of service, the same can be condoned for a period not exceeding one year so however that the actual period of service shall not be less than 5 years [Regulation 5(3)]

Q.9

What is the procedure to be followed to become a fellow member ?

Ans

An Associate Member who is eligible to become Fellow as pointed out in question no. (8) and (9) above, is required to submit (i) Form no. 3 duly filled in and signed (ii) admission fee of Rs. 200/- plus the fellowship fee of Rs. 900/- (in case the fee of Rs.300/- as Associate Member is already paid then the differential fee of Rs. 600/-) (iii) a certificate of employment for a period of 5 years or more showing the nature of duties performed were of supervisory in nature, issued by the competent authority. If he intends to obtain Certificate of Practice, he is additionally required to submit Form '6' alongwith Fee of Rs. 800/-. He can submit relevant form and remit a prescribed fee through E-mail/ payment gateway as pointed out in Q. No. 3 & 4.

Q 10

If a member holding Certificate of Practice wants to surrender the Certificate of Practice. How can he do that?

Ans.

The member desirous of surrendering his certificate of practice should make a request in writing indicating the date from which he wishes to surrender COP. The original script for certificate of practice should be surrendered for cancellation The COP fee however will have to be paid for the relevant financial year before it is cancelled at his request. However no fee would be required to be paid if he wishes to surrender his COP w.e.f. 1st April provided he makes the request with the original COP by 30th April of that year.

Q. 11

What is the procedure for restoration of Certificate of Practice?

Ans

Members can renew Certificate of Practice by paying the prescribed fees by 30th of September every year. Those members who have not remitted COP fee by 30th of September, Certificate of Practice would be cancelled w.e.f. 1st October of the relevant year..

Members whose Certificate of Practice has been cancelled on account of non-payment of Certificate of Practice fee for the relevant year are required to comply with the following -

1. An application in Form 101 duly filled in and signed along with Certificate of Practice fee for the relevant year. (Form 101 can be downloaded from website)

2. Annual Membership fee has been paid on or before 30th September of the relevant year.
   
   A letter restoring Certificate of Practice with retrospective effect will be issued on receipt of above by 31st March of the relevant financial year.

Q. 12

Can a member in Salaried employment abroad hold C.O.P.?

Ans.

Yes, he can hold C.O.P but his status would be treated as a member in part-time practice.

Q. 13

Can a member of the Institute holding Certificate of Practice residing outside India, do any attest functions?

Ans.

Yes. He can do attest functions outside India, subject to the local laws permitting him to do so.

Members holding Certificate of Practice and employed outside India are also permitted to undertake attest functions outside India so long as they reside outside India and during such stay period their status also continue to be '2' (part time COP) in the Institute's record.

Q. 14

Can a Member working abroad have a Proprietory Firm in India?

Ans.

Yes. A member working abroad can have a proprietory firm in India provided the firm in India is under the charge of a member of the Institute who should be a full time paid assistant. This is a mandatory requirement under Section 27 of the Chartered Accountants Act, 1949.

Q. 15

Can a member having a proprietory firm in India and recently shifted from India, continue to be a proprietor of a firm in India?

Ans.

The member can continue to be a proprietor of the firm in India if the member himself is actively associated with the firm by residing in India for a period of not less than 182 days as provided in Appendix 10 of the Chartered Accountants Act 1949 [page 51].

Q. 16

Whether a member residing abroad can be a partner of a firm of chartered accountants in India?

Ans.

Yes, a member can be a partner in a firm of Chartered Accountants in India provided he holds C.O.P.

Q. 17

Can a member holding Certificate of Practice and residing abroad be incharge of the branch office of the firm outside India ?

Ans.

Yes, a member can be incharge of the branch office of the firm outside India provided the Head Office of the firm is registered in India. He can be incharge of the branch office in his capacity either as a paid assistant or partner of the firm.

Q. 18

Can a member practicing outside India impart articles training under the Chartered Accountants Act and Regulations?

Ans

Under the provisions of the Chartered Accountants Act, 1949 and Regulation 1988 a member practicing outside India is not eligible to impart training to articled clerks.

However, if a firm of chartered accountants has an office in India and also an office abroad (not being a separate partnership) a partner or the proprietor thereof would be permitted to train articled clerks in India or outside the country, provided that the member concerned could ensure that proper training, in accordance with the requirements of the Regulations, is imparted to the articled clerks.

Q 19

What is meant by Certificate of Good Standing and how it can be obtained ?

Ans;

A certificate of good standing means a certificate issued to a member of the Institute at his request for specific purpose stating the details of his articled-ship exam passed, membership etc and indicating that nothing adverse about him has come to the notice of the Institute . A good standing certificate is required to the purpose of joining employment, immigration and also for visa purpose. In order to obtain Certificate of Good Standing the member concerned :-

• may submit a request for issue of certificate of good standing, stating the purpose for which certificate of good standing is required and submit the communication of the concerned body/ institution requiring the same. However, request of members for issue of certificate of good standing will also be considered if the requirement of body/ institution specified on the website, in application form or prospectus is produced. The request could be either a signed written request or an e-mail in the personal e-mail id of the member.

• The certificate of good standing will be issued to concerned body/ institution in respect of any member if the request is directly received by the institute from the concerned body/ institution.

• The name of the member should be active (not removed) in Register of Members of the Institute.

• The concerned member has paid annual membership/certificate of practice fees (if holds certificate of practice) for the current year within the specified time.

• · Request is to be sent to: mss@icai.org under your signature or Scanned copy of request may accompany the other documentation.

Q. 20

What is the procedure for obtaining duplicate certificate of Membership/Certificate of Practice?

Ans.

A member who has lost/misplaced his original certificates of Membership/Certificate of Practice, is required to apply and submit a written request to the concerned Decentralised Office for obtaining duplicate membership certificate/certificate of practice as an Associate or a Fellow member as the case may be. He is required to pay charges for duplicate certificate @ Rs.50/- or equivalent amount in US Dollar per certificate. He is also required to submit an affidavit in the prescribed format duly sworn-in before a Notary/First Class Magistrate or an affidavit on a plain paper and get the same attested from the authorized office of Indian Embassy/Consular General's Office. In case the member submits original certificate he is not required to execute the affidavit in the prescribed format.

Q. 21

What is the procedure for obtaining duplicate Marks Statements/Passing Certificates?

Ans.

The member who has lost his Marks Statement/Passing Certificate may apply for duplicate marksheet/pass certificate by sending a request under his signature mentioning his roll number, month and year of passing. The fee for issue of duplicate marksheet is Rs. 10/- and the fee for issue of duplicate pass/rank certificate is Rs. 25/-. The fee should be remitted through Demand Draft in favour of the Secretary, The Institute of Chartered Accountants of India, payable at New Delhi.

The member is required to send an affidavit on a plain paper and get the same attested from the authorized office of Indian Embassy/Consular General's Office to the effect that he was in possession of Pass Certificate or Rank Certificate and he had lost it and undertake to return the duplicate Pass Certificate or Rank Certificate if the original Pass Certificate or Rank Certificate is traced/received by him in future and indemnify the ICAI for any loss etc. that ICAI may suffer if the duplicate certificate is issued by ICAI.

For details please click on http//www.icai.org/exam/exam.html

The request may please be sent to:

Jt. Secretary (Exams)
The Institute of Chartered Accountants of India
C-1, Sector 1, Noida - 201301
Mail : - exam@icai.org, .
Phone No. 91-120 2535437;2535305;2552643

Q.22

How a member can get his certificates attested in partial fulfillment of requirements of foreign Universities in pursuit of higher studies ?

Ans.

The members intending to pursue higher studies in foreign Universities can get the copies of their certificates of membership, Certificate of Practice, Pass Certificate and Marks sheet attested by sending the originals thereof alongwith the copies together with a requisition letter to the concerned Decentralised Offices requesting for attestation.

Q. 23

What is Trascripts and how a member can obtain Transcripts?

Ans

A Transcript is a Certificate describing the appearances and passing details with subjects and statement of marks of the exams of Chartered Accountancy in respect of the student concerned including his membership details if he has become a member of the Institute. For obtaining transcript the member concerned is required to provide a request duly signed by him for issue of Transcripts accompanied by following:

• A fee of Rs. 500/- (Rupees five hundred only or equivalent in US Dollars) for one set of transcript/s (for any one or all examinations viz. Foundation/PE-I, Inter/PE-II and Final) remitted through Demand Draft or Pay Order in favour of The Secretary, The Institute of Chartered Accountants of India, Payable at New Delhi - 110002

• Attested copies of Entrance / Foundation / PE I / PE II / Intermediate / Final examination mark sheet/s (both front and reverse side) as applicable

• Attested copies of Rank Certificate issued by ICAI, if any.

• Attested copy of Membership Certificate along with the proof for having paid the current year Membership fee or COP fee, as applicable

• Prescribed Form for admission duly filled in by him, along with the envelope/s received from Foreign University/ies / Management Institution/s as applicable and

• Copy of the Appointment Letter issued by the Foreign Body as applicable

• The transcripts are issued normally within ten days from the date of receipt of request, complete in all respects.