Ca articleship transfer
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
09 July 2015
I would like to know the format of the application to be filed with ICAI in which reason of transfer is stated.
09 July 2015
You may find the format at link given below:
https://www.caclubindia.com/experts/application-letter-to-ca-institute-for-termination-of-articleship-after-1-yr-1468859.asp
Thanks
Ankur
https://www.caclubindia.com/experts/application-letter-to-ca-institute-for-termination-of-articleship-after-1-yr-1468859.asp
Thanks
Ankur
09 July 2015
It is also imp to know Grounds and Procedure for Articleship Transfer. So please find below the same for your reference:
Please find below ICAI Rule, Grounds for Articleship Transfer along with relevant procedure for the same:
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
Please find below ICAI Rule, Grounds for Articleship Transfer along with relevant procedure for the same:
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)
09 July 2015
Thank u Mr.Ankur Garg but i'm in my 1st year of articleship only. Also, the reason for changing is that the scope of work here is limited. Can you tell the exact words i should write in application?
09 July 2015
It would be tuff to take transfer on the basis of limited scope of work.
Grounds available for taking transfer in IInd year are not available to you. So there is no need to mention any particular reason for taking transfer as transfer in first year is allowed freely.
You may wait for the opinion of other members also in this case.
Thanks
Grounds available for taking transfer in IInd year are not available to you. So there is no need to mention any particular reason for taking transfer as transfer in first year is allowed freely.
You may wait for the opinion of other members also in this case.
Thanks
Querist : Anonymous
Querist :
Anonymous
(Querist)
09 July 2015
Im in the first year of articleship only. Also, some of my friends told me that the application is not necessary in the 1st year. Is it true? Also, the original i.d card will be valid even after transfer or should i have to surrender it to icai?
17 July 2015
in 1st year of artcilehsip on mutual consent you can take transfer but even in this case your current ca must sign on form 109 and permit you to take transfer and in this case no need to send any application to icai as that rule applies in 2 and 3 year of training.
all the best
all the best
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