20 December 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.
20 December 2013
GUIDELINES FOR TRAINING OF ARTICLED ASSISTANTS OUTSIDE INDIA • A Chartered Accountant is eligible to train an articled assistant provided his main occupation is the practice of the profession of Accountancy at the time of engaging articled assistants as well as in each of the qualifying years on the basis of which he claims eligibility to train articled assistants. • Any member engaged in any other business, occupation or holding part time certificate of practice, is not entitled to train articled assistant. • The member in practice shall have a professional address in India in his own charge or in charge of another member. • The terms and conditions that may be made applicable for training articled assistant in India from time to time shall mutatis mutandis apply for training of articled assistant abroad. • The period of practical training shall be 3 years or 3½ years, as applicable, under a practising chartered accountant abroad. However, the articled/audit assistants should have an option to undergo industrial training in accordance with the Regulations 51 & 72 of the Chartered Accountants Regulations, 1988 during the last one year of training. • The Industrial Training may be imparted by the Chartered Accountants working abroad in a financial, commercial or industrial undertaking with minimum fixed assets & minimum total turnover or minimum paid-up capital as may be specified by the Council (whatever the value specified in terms of Indian currency may be deemed as applicable in foreign countries in their respective currencies) or such other organization or institution approved by the Council • The terms & conditions contained in Regulation 54 dealing with secondment shall be applicable to the articled assistants receiving training abroad. • The Principal shall send training reports as prescribed along with the service certificate to be issued in Forms 109 & 108 as the case may be The principal shall impart training in accordance with the guidelines contained in Training Guide. He shall maintain a record of practical training imparted by him to the articled assistant and report to the Council in the form prescribed in the training guide. • The rates, terms and conditions of stipend prescribed as payable to the articled assistants receiving training in India shall be applicable to the articled assistants receiving training abroad except that the same rate of stipend in equivalent terms specified in respective national currencies of the countries concerned instead of Indian rupees. • Regulation of training in terms of office hours and working days holidays will be applicable as per local office timings and laws. However, requirements of total training hours will be the same as applicable in India. The working hours for the articled assistants shall be 35 hours in a week excluding the lunch break. The office hours of the Principal for providing article training to the articled assistant shall not be generally before 9.00 a.m. or after 7.00 p.m. The normal working hours for the articled assistant shall not start after 11.00 a.m. or end before 5.00 p.m. The working hours for the articled assistants should not exceed 35 hours in a week excluding the lunch break and normally an articled assistant be required to work during the normal working hours fixed for articled assistants. In case of exigencies of work with Principal, an article assistant may be required to work beyond his/her normal working hours. However, under such circumstances, the aggregate number of working hours shall not exceed 45 hours per week. The requirement to work beyond 35 hours in a week should not be a practice but only in exceptional circumstances. Further, where the articled assistant is required to work beyond normal working hours, and aggregate of such hours exceed 35 hours per week, he/she shall be entitled to compensatory leave calculated with reference to number of completed working hours, over and above, 35 hours per week.
20 December 2013
dear sir advice me regarding my issue: i m doing articleship outside Indai. the firm in which i m registered has partnership firm in Delhi laxminagar. Now i am in second year of articleship period. My question is can i get international transfer in second year. I want to complete remaining articleship Inside Delhi . please sir clarify me reagarding this.
CAclubindia
