Articleship

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Querist : Anonymous

Querist : Anonymous (Querist)

05 September 2013 can i take transfer within 6 months of articleship within the city?

Ajay Mishra

Ajay Mishra (Expert)
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05 September 2013 Yes you can take transfer by submitting Form-109 signed by your principal.

There is no need to give any reason for transfer, because during first year of article ship you can take transfer with prior approval and without any reason.

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Ajay Mishra

Ajay Mishra (Expert)
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05 September 2013

Transfer/Termination of Articleship
[Regulation 56(1)]

In partial modification of the announcement dated 30th June 2009 regarding transfer / termination of articles the Council in its recent meeting has decided that the transfer/termination of articleship in terms of Regulation 56(1) of the Chartered Accountants Regulations, 1988 shall be permissible on
the grounds as stated below: -

I. Transfer /termination of articles is permitted without any restriction during the first year of articles.

II. During rest of the articleship period on satisfying any one or more of the conditions as stated below: -
1. Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a Medical Certificate issued by a Government Hospital).
2. Transfer of parent(s) to another city.
3. Misconduct involving moral turpitude.
4. Other justifiable circumstances / reasons: -
(ii) Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of articleship): -
a. Industrial Training (Regulation 51)
b. Secondment of articles (Regulation 54)
c. Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)
d. Death of Principal [Regulation 57(1)(c)]
e. Ceasing of practice by the Principal [Regulation 57(1)(a)]
f. Removal of name of the Principal from the Register of Member due to any reason
[Regulation 57(1)(b)]

(iii) Marriage basis (only if there is relocation to another city involving distance of 50 kms).

(iv) Irregular payment or non payment of stipend with reference to Regulation 67.

(v) Articled assistant desires to serve balance period of training outside India.

(vi) Shifting by the Principal to another city involving distance more than 50 kms.

The articled assistants are required to get the consent of the Institute before getting Form 109 signed by the Principal in their own interest.

The request, on any one or more of the aforesaid grounds, of an articled assistant on a plain paper alongwith the recommendation/ consent of the Principal for transfer / termination of articleship accompanied by evidence/proof (self-attested by the articled assistant) to the satisfaction of the Institute be made. Request for transfer not accompanied by consent of Principal shall not be accepted.

In case of dispute between principal and articled assistant, the matter be settled amicably among the articled assistant and the principal concerned and the Institute shall not interfere in such cases.

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Querist : Anonymous

Querist : Anonymous (Querist)

05 September 2013 if my principle is unwilling to give me transfer urgently the what can i do?? please help

Ganeshbabu K

Ganeshbabu K (Expert)
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05 September 2013 1)No option except to convince boss

2)how can you go urgently,,he may have so many plans depends on you ,,so you should work for some time as he said

3)by the way icai will not entertain any request for transfer of articleship with in 6 months of articleship,,so think about transfer after completing 6 months of articleship

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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05 September 2013 without ur principle's signature on form 109 icai will not allow u to take transfer.

Querist : Anonymous

Querist : Anonymous (Querist)

05 September 2013 is it true abt 6months needed to take transfer???

Ajay Mishra

Ajay Mishra (Expert)
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05 September 2013 No it is not needed. It will depend on Institute that how much time they will take to process your transfer.

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Ganeshbabu K

Ganeshbabu K (Expert)
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05 September 2013 Yes, it is mandatory you should complete atleast 6 months of articleship to take transfer from articleship
.
.
if you ask about termination process it will get completed with in 1-2 months ,,

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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06 September 2013 i agree with ajay mishra ji, it is not reuired to complete 6 momths for taking transfer in 1st year also.

Querist : Anonymous

Querist : Anonymous (Querist)

06 September 2013 i got confused with so many answer from many experts..
i am currently on 5th month of my articleship period.. i want to be hired in new firm, please suggest me kindly with authentic answer..

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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06 September 2013 fill up form 109 and ask your current CA to sign and submit to icai.

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Querist : Anonymous

Querist : Anonymous (Querist)

06 September 2013 The thing is he is not signing as in for now.. he tells me to wait for this month to end..
but he neither has any work nor is he letting me go..
i just dont know what to do??

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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06 September 2013 in this case u cant take transfer till he signs try to convince him u dont have any other option.

CA Pallav Singhania

CA Pallav Singhania (Expert)
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06 September 2013 Totally agree with Mr. Tushar and Mr. Ajay...

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CA Pallav Singhania

CA Pallav Singhania (Expert)
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06 September 2013 Transfer /termination of articles is permitted without any restriction during the first year of articles.

My younger Bro took his transfer only after serving 1 month of articleship.......

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Querist : Anonymous

Querist : Anonymous (Querist)

11 September 2013 can i submitt 103 for reregistration before getting reply of 109??

Querist : Anonymous

Querist : Anonymous (Querist)

11 September 2013 can i submitt 103 for reregistration before getting reply of 109??

Ajay Mishra

Ajay Mishra (Expert)
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11 September 2013 Yes, you can submit before approval of transfer.

Ajay Mishra

Ajay Mishra (Expert)
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11 September 2013 RE-REGISTRATION OF ARTICLES ………..REGULATION 46 (6), 57 & 58)
On termination of articles prior to completion of 3 years, a student is required to re-register himself with another Principal for the remaining period of the practical training.
Requirements:
1. In the event of re-registration, the student is required to submit the re-registration papers i.e. Form 103 so as to reach to the Institute's office within 30 days from the date of commencement of articled training.
2. A service certificate in Form No. 109 alongwith training report as specified in the Training Guide.
3. The deed of articles is required to be executed in Form No. 102 on a non-judicial stamp paper of the value applicable in the City / State where the employer is practising. The original deed has to be retained by the Principal and a copy with the student.
4. Where the Student / Principal is not able to submit the papers within 30 days and requires that the delay in submission of the papers may be condoned by the Council, they are required to submit the following document alongwith levy fees as fixed by the Council:

i. Original Deed of articles duly executed on a non-judicial stamp paper.
ii. Work diary from the period of date of commencement to the date of submission of papers.
iii. Attendance Record for the aforesaid period.
v. Stipend details in the form of Bank Pass-Book or Bank Statement.
vi. Identity Card
No registration fee is payable on re-registration except the payment of 2 nd installment of tuition fee if becomes due and payable.
In case the articled clerk has availed of any leave in excess of his entitlement, he should serve such excess leave period after completion of three years of articleship either under the same Principal as supplementary articles or under another Principal.

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