Transfer process after 1 year of completion of articelship

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Querist : Anonymous

Querist : Anonymous (Querist)

07 October 2013 can any one tell me the process for taking transfer after 1 year of completion of articleship and how much time it will take to complete?

CA Pallav Singhania

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

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.

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.

Regards,

Ajay Mishra

Ajay Mishra (Expert)
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07 October 2013 Hi

The time period is not defined, it will depend on Institute that how much time they will take.

For taking transfer, you will take prior approval from Institute to take transfer.

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Querist : Anonymous

Querist : Anonymous (Querist)

07 October 2013 in case of parent transfer what king of proof should be produce?

Ajay Mishra

Ajay Mishra (Expert)
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07 October 2013 Hi

You can take documented proof from your parent company office that he has transferred. You can also use rent agreement for the same.

Querist : Anonymous

Querist : Anonymous (Querist)

07 October 2013 if i send request for prior approval to ICAI suppose on 1 nov and i get approval on 15nov then my termination will be counted as on 1st nov or 15th nov??

Querist : Anonymous

Querist : Anonymous (Querist)

07 October 2013 but there is no job of my parents and i am going to my relatives house in new city, then what to do?

Ajay Mishra

Ajay Mishra (Expert)
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07 October 2013 Then you will give any other reason for taking transfer if your parent has no dicumentory prof for transfer.

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Ajay Mishra

Ajay Mishra (Expert)
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07 October 2013 It will be from Nov 01.

Querist : Anonymous

Querist : Anonymous (Querist)