Prohibition of Companies/LLPs to do the Business of Architect

Prohibition of Companies/LLPs to do the Business of Architect.

The Ministry of Corporate Affairs have directed the office of Registrar of Companies NOT TO PROCEED with incorporation of Companies/LLPs where one of the objects of such entities is to carry on the business of architect.

This direction is as per the representations received by the Ministry from the the Council of Architect (COA) that the Registrar of Companies and the Registrar of LLPs are incorporating the companies and LLPs in contravention to the provisions of the Architect Act, 1972.

In terms of Sections 36 and 37 of the Architects Act, 1972 as well as Rules and Regulations framed thereunder only an architect registered with the Council of Architecture or a firm of Architects (a partnership firm under the Partnership Act, 1932, comprising of all registered architects) can represent itself as an architect or use the title and style of architect of practicing the profession of an Architect in India.

These restrictions are not applicable for carrying on the business of a landscape architect and naval architect. 

MCA Circulars - No. 17/165/2011-CL-V (Pt.) 

No. 17/165/2011-CL-V (Pt.) Government of India

Ministry of Corporate Affairs

5^th floor, 'A' Wing, Shastri Bhawan, Dr. R.P. Road, New Delhi Dated: 10.10.2011.

To

All the Regional Directors,

All the Registrar of Companies/ Registrar of LLPs

Subject:- Registration of Companies or LLPs which have one of their objectives to do business of architect

Sir,

I am directed to say that a number of representations have been received in the Ministry to the effect that the Registrar of Companies and the Registrar of LLPs are incorporating the companies and LLPs in contravention to the provisions of the Architect Act, 1972 that the Council of Architect (COA). In terms of Sections 36 and 37 of the Architects Act, 1972 as well as Rules and Regulations framed thereunder only an architect registered with the Council of Architecture or a firm of Architects (a partnership firm under the Partnership Act, 1932, comprising of all registered architects) can represent itself as an architect or use the title and style of architect of practicing the profession of an Architect in India with the exception of a landscape architect and naval architect. The matter is under examination in consultation with the Department of Legal Affairs.

Pending finalization of view of the Central Government on the subject it is hereby directed incorporation of companies/LLPs where one of the objects of such entities is to carry on the business of architect be not proceeded with till further order.

This issues with the approval of CAM

(Seema Rath)

Assistant Director