Articleship termination within one year

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

09 June 2017 Sir/Ma'am,

I joined a CA firm on 03/06/2016 and worked till 02/06/2017. If I take termination, will it be considered to be within one year. And should I take prior permission. Will there be any complications?

Kindly waiting for a response.

Thanks and Regards

Nikhil Kaushik

Nikhil Kaushik (Expert)
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09 June 2017 unless your principal agrees to back date form 109, you have already completed more than 1 year and you would require ICAI permission before transfer.

Querist : Anonymous

Querist : Anonymous (Querist)

09 June 2017 But I've completed exactly 365 days and my principal will either sign with 2nd or 3rd as the date. Will there be a problem then?
Is the date of form considered or articleship period served?

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Nikhil Kaushik

Nikhil Kaushik (Expert)
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09 June 2017 as I said if the principal back dates, it is ok. he should be signing on 2 or prior to that on form. If he signs on form 109 on 3rd, then it is not covered within the first year. Yes dates mentioned in the form are relevant.

Querist : Anonymous

Querist : Anonymous (Querist)

09 June 2017 Okay Sir. Thank you for attending to my query.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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09 June 2017 You are most welcome :)

Querist : Anonymous

Querist : Anonymous (Querist)

09 June 2017 Sir, my principal is making an issue saying that he will only sign showing 09/06/2017 as the date, i.e.the date on which my principal is available in the office.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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09 June 2017 is he ready to mention articleship period only upto 1/2 June?

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Querist : Anonymous

Querist : Anonymous (Querist)

09 June 2017 Sir wants to mention the articleship period from 03-06-2016 to 09-06-2017

Querist : Anonymous

Querist : Anonymous (Querist)

09 June 2017 But I've only worked upto 2nd and my principal was the one who asked me to stop coming to office from 3rd.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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09 June 2017 well, nothing you can do mate...

Querist : Anonymous

Querist : Anonymous (Querist)

09 June 2017 Hmm i guess I'll have to either negotiate or go with 9th which is not legal. I wish ICAI was understanding and a little bit supportive when it comes to student issues.

Anyway Thankyou for the help, sir.

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