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Cost and Works Accountants Act, 1959

2 [108. Prior approval of the Council to use own name or trade name or firm name

(1) Every Cost Accountant in practice in his own name or trade name and every firm of such Cost Accountants shall, before commencement of practice or formation of the firm, as the case may be, whichever is earlier, submit to the council in Form 'L' appended with these regulations the particulars of his office or the firm for approval to use own name or a trade name or a firm name.

(2) A trade name or firm name shall be restricted to the names of the proprietor or partners or a name which is already in use and may include, and confirm to, the names of the members as may appear in the Register of Members.

(3) A trade name or firm name may be used in the following manners, namely:-

(a) Full surname of the members or full name indicating their surname; or

(b) Full first name of the members or initials of full name or first name; or

(c) Combination of first name, middle name, initials and surname of the members or expansion thereof; or

(d) Distinguishing part of the name as is commonly known; or

(e) Combination of names or surnames of the partners; or

(f) Part of the name of the proprietor or partners; or

(g) Suffix & Co. or & Associates or their equivalents; or

(h) Any other name or surname by which a member is also known subject to the production of an affidavit or other evidence to the satisfaction of the Council.

(4) A trade name or firm name shall not be allowed to be used where-

(a) A member seeks to use a part of his surname; or

(b) Suffixes are used like '& Partners', '& Fellows' & 'Others' and '& Sons'; or

(c) It bears the name of God, Goddess or deity which has no relationship with the names or surnames of members; or

(d) It is a descriptive trade name or firm name; or

(e) It indicates or aims at publicity;

(f) Similar or nearly similar name is already being used and is entered in the Register of Offices and firms; or

(g) It is not desirable, in the opinion of the Council, to allow the use of such name.

(5) The Council may approve a trade name or firm name and shall maintain a Register of offices and firms for entering therein the trade name or firm name so approved and the particulars finished in Form 'L' appended with these regulations.

(6) Any subsequent change in the particulars submitted in Form L (appended with these regulations) shall be informed to the Council by the Cost Accountant or the firm of Cost Accountants so as to reach the Council within thirty days from the date on which the change is effected.

(7) Where the same trade name or firm name has been registered by the Council in the case of two or more members or firms, the Council may allow the use of such name by that firm alone who or which was registered first in the Register of offices and firms and may direct all other to alter the name in such a manner as the Council may consider proper and to inform the Council about the attention within one hundred and eighty days from the date of issue of directions.

(8) No member shall practice under a trade name or firm name-

(a) unless such name is approved by the Council under sub-regulation (5); or

(b) in respect of which a direction is issued by the Council under sub-regulation (7), after the expiry of one hundred and eighty days from the date of issue of the direction.]



Cost and Works Accountants Act, 1959 Back




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