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RK (Learner)     11 November 2013

Advocate as company promoter / director

Sir / Madam,

 

Please let me know that Can a practising Advocate start a NON-PROFIT MAKING COMPANY acting as a Promoter / Managing Director?



 3 Replies

Advocate. Arunagiri (Advocate High Court Madras.)     23 April 2014

I would like to quote the important sections of Bar Council of India, which permits the Advocates to hold the post of Director of the Company.

 

THE BAR COUNCIL RULES – DUTY TO THE COURT
RULES GOVERNING ADVOCATES
PART – VI CHAPTER - II
Standards of Professional Conduct and Etiquette
(Rules under Section 49 (1) (c) of the Act read with the Proviso thereto)


Section I - Duty to the Court

9. An Advocate should not act or plead in any matter in which he is himself pecuniarily interested.
Illustration :
I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.
II. He should not accept a brief from a company of which he is a Director.

 

Section VII-Restriction on other Employments

48. An advocate may be Director or Chairman of the Board of Directors of a company with or without any ordinarily sitting fee, provided none of his duties are of an executive character. An advocate shall not be a Managing Director or a Secretary of any company.

Advocate. Arunagiri (Advocate High Court Madras.)     23 April 2014

I would like to quote the important sections of Bar Council of India, which permits the Advocates to hold the post of Director of the Company.

 

THE BAR COUNCIL RULES – DUTY TO THE COURT
RULES GOVERNING ADVOCATES
PART – VI CHAPTER - II
Standards of Professional Conduct and Etiquette
(Rules under Section 49 (1) (c) of the Act read with the Proviso thereto)


Section I - Duty to the Court

9. An Advocate should not act or plead in any matter in which he is himself pecuniarily interested.
Illustration :
I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.
II. He should not accept a brief from a company of which he is a Director.

 

Section VII-Restriction on other Employments

48. An advocate may be Director or Chairman of the Board of Directors of a company with or without any ordinarily sitting fee, provided none of his duties are of an executive character. An advocate shall not be a Managing Director or a Secretary of any company.

S K KARNjhc (Legal Adviser)     24 April 2014

Very well explained by Advocate Mr Arunagiri Sir, no more need to be suggested. thank you


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