10 March 2014
After completing my IPCC in Feb 2013, I registered for my articleship on 15th March 2013. If a student wanted to appear for his CA Final Exam in Nov 2015 the last date to register was 30th April 2013. (30th April 2013 to 31st Oct 2015 - 2 and half years as per rules.)
As I registered well in advance (on 15th March 2013) I'm eligible and my CA final attempt is scheduled in Nov 2015.
Now on 5th March 2014 I've terminated my articleship. During this tenure I have taken 26 days leave.
I'm planning to rejoin my articleship in another firm from 28th April 2014. So there will be a break in my articleship from 6th March 2014 to 27th April 2014, that is 53 days.
My question is- Will I be eligible to write my CA Final Exam in Nov 2015? If not, why? If yes, then how many more leaves I can take so that I'm eligible to write CA Final in Nov 2015?
11 March 2014
As per your planning you are not eligible for November 2015 CA Final exams. For your better understanding and reason for not eligible the clarification and explanation is as follows.
As per CA Regulations a student who are undergoing of last 6 months of articleship training including excess leaves if any as on the first day of the exams commencing month are eligible to appear for such attempt to write exams. Thus for your case to get eligibility for Nov 2015 exams you should be in last six months of articleship training period as on 1-11-2015 means you has to complete 2 and half years or more of articleship training period by 31-10-2015.
Assuming you didn't taken termination then by 31-10-2015 you have complete 2 years 7 months and 15 days of articleship training period and you have balance of 4 months 15 days of articleship training period as on 1-11-2015(assuming no excess leaves) as well as upto 31-10-2015 you are eligible for 136 days of leaves with out extending of articleship training period, so if your leaves is below 136 days then you are eligible for November 2015 CA final exams in the case of no termination.
Now come to the termination case: if you taken termination then your articleship completion period shall extend upto 8-4-2016 and you shall completing 2 years 5 months and 22 days of articleship training period upto 31-10-2015(in this period you are eligible for 128 days of leaves with out extenstion of articleship training period) means you have balance of 6 months 8 days of articleship training period as on 1-11-2015(assuming no excess leaves) means you are not in last six months of articleship training period as on 1-11-2015. Thus you are not eligible for November 2015 attempt but eligible for May 2016 and onwords attempts subject to leaves taken.
Important Note: Leaves means continuing of articleship training but not attending to the articleship training due to some personal reasons with permission of the principle, termination means discontinue of articleship training period at one employer.
Leaves taken days also considered as articleship training undergoing period but termination period(means the period between termination and date of re-registration to articleship) is not considered as articleship training undergoing period. Thus for your case the 53 days(termination period) shall not considered as articleship training period.Due to this your articleship completion data shall be extended upto 8th April 2016 means as on 1-11-2015 you have balance of 6 months 8 days of articleship training period, so not eligible for November 2015 attempt.
It is very sad due to 8 days delay of completion of training you looses November 2015 attempt.
However if you want to get November 2015 CA final attempt then your date of re-joining into articleship training period shall be 20th April'14 or below.
So get the benefit of earlier attempt eligibility request your new employer for the date of joining is 20th April'14 or request your earlier employer as date of termination is 15th March'14(if still now form 109 not submitted).
11 March 2014
I received your PM, But due you are not as my friend in CAclub i couldn't send PM to you and you posted this query as Anonymous so i couldn't send you friend request, So please send me the friend request or change your PM settings to continue our PM conversations.
Yes, if you terminated your articleship on or after 14-3-2014 and re-joined into articleship on 28-4-2014 then you are eligible for November 2015 attempt.
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