Advocates Act,1961

Querist : Anonymous (Querist) 05 November 2009 This query is : Resolved
Is there any restriction on a practicing Advocate for joining board membership of a Company ?
will the Advocate eligible for practice and be on the Board of a company ?

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A V Vishal (Expert) 05 November 2009
The nature of the directorship should be of non executive nature, then he can continue his practise. He is particularly barred from being a Managing Director or secretary of the company. He can attend the board meetings with/without any sitting fees.

yogesh (Expert) 05 November 2009
legally yes, but not as sleeping partner
IF YOU GO BY RULES

A V Vishal (Expert) 05 November 2009
Yogesh can you please explain your reply?

N.K.Assumi (Expert) 05 November 2009
Just refer to Chapter II Standard of Professional Conduct and Etiquatte under Section 49 (1) (c) of the Advocate Act,Section VII-Restrictions on other employment.Sub section 49: An advocate shall not personally engage in any business but he may be a sleeping partner in a firm doing business provided that, in the opinion of the appropriate bar Council the nature of the business is not inconsistence with the dignity of the profession.
Sub Section 50: An Advocate may be a Director or Chairman of the Board of Directors of a Company with or without any ordinary sitting fees provided none of his duties are of an executive character. An Advocate shall not be a Managing Director or a Secretary of any Company.

Raj Kumar Makkad (Expert) 05 November 2009
I appreciate the law produced in the reply submitted above. This clearly satisfies the quarry.

Khaleel Ahmed (Expert) 08 November 2009
I agree with Mr Assumi.

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