Articleship transfer

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

19 June 2014 Sir,
I'm working in a firm as an article assistant, and completed 1 year and 5 months. now i want to take transfer on the ground of health issue, also i'm the resident of another city, that is 100 k.m far from current city. can i take transfer from the current firm and join another firm in current city??

Guest

Guest (Expert)

19 June 2014 if u want to join another firm in the same city... u cant take transfer as per icai rules dear.........

Guest

Guest (Expert)

19 June 2014 http://www.icai.org/new_post.html?post_id=4639

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Querist : Anonymous

Querist : Anonymous (Querist)

19 June 2014 medical grounds are provided in ICAI rules. I'll join another firm after 3 months. I'll obtain the medical certificate for the same. Please guide me, How to take transfer??

Nikhil Kaushik

Nikhil Kaushik (Expert)
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19 June 2014 provide medical certificate issued by a govt doctor certifying that you need three months rest...

Ankur Garg

Ankur Garg (Expert)
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19 June 2014 Grounds and Procedure for Articleship Transfer

Hello,

Please find below the Grounds and Procedure for Articleship Transfer:

In a major flexibility for CA aspirants, ICAI has given articled clerks a choice to opt out of the existing arrangement with a principal during the first year of articleship.

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/terminatio n 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.

PROCEDURE

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 along with 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.

Thanks
Ankur

Querist : Anonymous

Querist : Anonymous (Querist)

19 June 2014 If i provide certificate issued by govt doctor providing three months of rest, then after 3 months, Is it permissible to join another firm in same city??

Nikhil Kaushik

Nikhil Kaushik (Expert)
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19 June 2014 yes it is permissible........

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Guest

Guest (Expert)

19 June 2014 no dear.. not permissible............. for medical ground transfer is allowed just because that u r not comfortable in that city... if u r comfortable in that city transfer will not be allowed

Nikhil Kaushik

Nikhil Kaushik (Expert)
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19 June 2014 please note Ankit, change of city is not required under medical crowds..

Guest

Guest (Expert)

19 June 2014 but sir we cant change the firm in the same city on medical grounds na or can we do that

Nikhil Kaushik

Nikhil Kaushik (Expert)
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19 June 2014 we can do that...the only condition is that there is should physical rest required on doctor's advice.

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Querist : Anonymous

Querist : Anonymous (Querist)

19 June 2014 i want to take transfer because of health issue, not because of city. I'm comfortable in the current city but i've health issues.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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19 June 2014 Dear friend,

you need to apply for approval signed by you Principal as well alongwith medical certificates from the doctor.

Querist : Anonymous

Querist : Anonymous (Querist)

25 June 2014 Sir, is it necessary to attach medical certificate, while giving application to principal for taking transfer.

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Querist : Anonymous

Querist : Anonymous (Querist)

26 June 2014 Sir, is it necessary to attach medical certificate, while giving application to principal for taking transfer?

Guest

Guest (Expert)

26 June 2014 obviously u had to attach all related proof or supportings na.........

icai or principal will ask regarding this

Nikhil Kaushik

Nikhil Kaushik (Expert)
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26 June 2014 that is for the principal to decide...he has the right to ask for the same...

Querist : Anonymous

Querist : Anonymous (Querist)

26 June 2014 can i use 3 medical certificates, providing 1 month rest each or a single certificate providing rest for a minimum period of 3 months???

Nikhil Kaushik

Nikhil Kaushik (Expert)
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26 June 2014 tell me one thing...are u really sick or just getting fake certificates???

you need one doctor to certify that u are ill enough to require three months rest..

please dont abuse these provisions...cases like this make ICAI suspicious of innocent articles

Querist : Anonymous

Querist : Anonymous (Querist)

26 June 2014 Sir, I'm I'll. I've stones in both of my kidneys nd sm other probs. I'll provide all the reports along with medical certificate..

Querist : Anonymous

Querist : Anonymous (Querist)

26 June 2014 And it need to be operated..

Querist : Anonymous

Querist : Anonymous (Querist)

06 December 2014 Sir, i took transfer from my firm. I joined articleship on 23rd of jan 2013. Now i want to join articleship under a CA who got COP in feb 2013, can i join there?? Is he eligible to register me as an article???

Querist : Anonymous

Querist : Anonymous (Querist)

06 December 2014 Sir, i have taken transfer from my firm. I joined article ship on 23 rd of jan 2013. Now i want join article ship under a CA who got his COP in feb 2013. can i join article ship there?? Is he eligible to register me as an article.

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