Articleship period

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 December 2010 Sir,
Plz tell me what is the procedure for transfer of articles from one firm to another..??I've heard that before filng Form 109 I need to take the permission of the institute stating the reason for my transfer and that after I get an approval letter form the institute then only I can send Form 109, is it true??
I have completed 2.5 years of articles in Kurnool(200 kms frm Hyderabad, AP)now my parents got transferred to Hyderabad, i have sent the above mentioned letter to the institute about 2 months back but there is no reply as yet..now i have shifted to hyd (1 week ago)n temprly joined my uncle whoz a CA(just for experience)..my term of articles will be over by july 21,2011..Should i go back to kurnool???
My firm in kurnool is ready for the transfer but not for secondment..I m really confused as to what to do..??
I also wanted to know that whether this time period of delay will extend my article period after 21/07/2011..????
PLZZZZ help me sir

Ajay Mishra

Ajay Mishra (Expert)
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20 December 2010 IMPORTANT RULES FOR TAKING TRANSFERS
• No request for termination of articles is entertained from any articled assistant in general and more particularly during the first six months and also during the last twelve months of articles except as provided in the Regulations. In the event of termination, his articles shall not be registered in the same city.
• No request of an articled assistant for termination (transfer) of articleship shall be considered unless his/her working parent(s) is/are transferred from the city/place where the articled assistant is receiving training to another city and a copy of transfer order/proof is submitted to the principal in proof thereof. On such termination the articled assistant concerned shall join articles training in and around the place of posting of his/her parent(s) and shall not re-register articles in the same city or within 50 Kms radius of the city where he/she has undergone articles prior to such termination.
• If the articled assistant is not able to serve the articleship for specified genuine medical reasons thereby opting to discontinue the CA course for a period of at least three months, the termination of articles be permitted, provided that the medical grounds are such that warrant termination of Articleship.
• In the event of misconduct involving moral turpitude, gross negligence or unsatisfactory performance of the articled assistant, his articles shall be liable to be terminated by his principal besides being cancelled or extended for such period as may be decided by the Institute. Board of Studies to decide and enumerate the acts constituting misconduct.
• Termination/ transfer of articles be permitted on such other justified circumstances as may be deemed genuine by the Council such as Industrial Training, Secondment of articles, Conversion from PCC to IPCC, Marriage, Death of Principal, Ceasing of practice by Principal, Name of the principal is removed from the register of members, Irregular payment or non payment of stipend with reference to Regulation 67, Articled assistant desires to serve balance period of training outside India, Shifting by the principal to another city involving distance more than 50 Kms, Going back to home town after completion Graduation Course or PG course in a city, Any other valid reason to be considered and decided by the President on case to case basis on merits having regard to the facts of the case.
While forwarding the Form No. 109 the principal shall state specifically the clause under which the articles have been terminated.

Querist : Anonymous

Querist : Anonymous (Querist)

20 December 2010 Sir but my doubt is still there...does it mean that i need not send any letter before form 109??
can i directly send form 109 with my reason of transfer of my parents..??

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CA Ayush Agarwal

CA Ayush Agarwal (Expert)
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20 December 2010 Firstly U Have to Send a Application Letter on Simple Paper That U Wanna Transfer to Institute.

Within One Month U Will Be Receiving a Confirmation Letter From Institute That UR Transfer Application is Accepted After Only U Can File Form 109.

Regards,
Ayush Agrawal

Querist : Anonymous

Querist : Anonymous (Querist)

20 December 2010 Thanks for the reply sir..but what if i dont get a reply from the institute??
and also please tell me about the delay of my articles??

CA Ayush Agarwal

CA Ayush Agarwal (Expert)
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20 December 2010 If u Dont Get Reply From Inst. Then Chase Inst. by Calling.

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