Articleship transfer

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Querist : Anonymous

Querist : Anonymous (Querist)

09 December 2013 I have completed one year and 3 months approx. of articleship and I want to take secondment but my Principal is not ready he is saying to take transfer with mutual consent. is it possible?

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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09 December 2013 in 2nd year mutual transfer is not allowed but only those reasons are allowed as specified by icai.

Querist : Anonymous

Querist : Anonymous (Querist)

09 December 2013 Is there any other way?

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CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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09 December 2013 you need to take transfer beyound 51 kms from the existing ca firm or outside your city then icai will allow in 2nd year.

Querist : Anonymous

Querist : Anonymous (Querist)

09 December 2013 If the article and principal mutually agree for transfer in the second year of articleship then what problem can the institute have.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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09 December 2013 law is passed by parliament ..incl our ca regulation act,1988...so icai will follow what regulation says.

Querist : Anonymous

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09 December 2013 I am residing in ulhasnagar and my current firm is in dombivli and I got the new firm in thane

Querist : Anonymous

Querist : Anonymous (Querist)

09 December 2013 Is there any other way please suggest me.

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CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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09 December 2013 kalyan and dombivali both within 51 kms hence you wont be allowed as in same city of thane.

u should try in nariman point or in churchgate area as its beyond 51 kms from current firm.

Querist : Anonymous

Querist : Anonymous (Querist)

09 December 2013 Is there any other way out ?

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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09 December 2013 the ans is no.

Ajay Mishra

Ajay Mishra (Expert)
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09 December 2013
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/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.

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 alongwith 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.

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Querist : Anonymous

Querist : Anonymous (Querist)

09 December 2013 Thanks for your advice.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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09 December 2013 you are welcome.

Ajay Mishra

Ajay Mishra (Expert)
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09 December 2013 You can take transfer on the basis of secondment, you only submit Form-109 with counter sign by your principal on the secondment basis.

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Querist : Anonymous

Querist : Anonymous (Querist)

09 December 2013 Whether the reason for transfer can be given as for want of better exposure.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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09 December 2013 no...your ca must sign and you must go for secondment as suggested by exert.

Querist : Anonymous

Querist : Anonymous (Querist)

09 December 2013 In case of secondment who will pay stipend?

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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09 December 2013 the new ca firm only.

Querist : Anonymous

Querist : Anonymous (Querist)

09 December 2013 Thanks for the answer.

Querist : Anonymous

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09 December 2013 Can i get secondment two times?

Ajay Mishra

Ajay Mishra (Expert)
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09 December 2013
SECONDMENT/EXCHANGE (REGULATION 54)

In order to expose the trainees at large to multi-disciplinary work and variety of business situations, the arrangement of secondment has been provided in the Regulation 54. The procedure relating to secondment enables an articled trainee to gain practical experience, in areas where the Principal may not be in a position to provide the same, in the office of another member in practice on the basis of a mutually agreed arrangement. In order that maximum advantage can be taken of this procedure, the secondment scheme has been made flexible. Secondment is allowed with the consent of the articled trainee from one employer to a member who is entitled to train articled trainees in his own right or to a member in industry who is entitled to train industrial trainees.

The member to whom the trainee is seconded is not entitled to train more than two such trainees on secondment at a time. The aggregate period of secondment cannot exceed one year provided that the period served on secondment with any one member or his partner does not exceed six months. Where an articled trainee is seconded to a member in industry, the total period spent in industry including the period of industrial training should not exceed one year. During secondment the Principal is required to pay the stipend. The Principal is required to keep records of the training undergone during secondment and include its particulars in the report to the Council under Regulation 64.

Apart from the secondment of a trainee from one firm to another firm or to an industry, firms may exchange trainees on mutual basis for a limited period to the advantage of firms and trainees. Such an arrangement is also quite flexible like the scheme of secondment and enables the firms to overcome deficiency, if any, in practical training imparted to trainees.

Ajay Mishra

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09 December 2013 Its depend on Institute decisions.

Querist : Anonymous

Querist : Anonymous (Querist)

09 December 2013 If I take secondment then can I go for Industrial training in the last year of articleship?

Ajay Mishra

Ajay Mishra (Expert)
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09 December 2013 Yes, you can go.

Ajay Mishra

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09 December 2013 ELIGIBILITY AND OTHER CONDITIONS FOR UNDERGOING INDUSTRIAL TRAINING

(i) An articled assistant who has passed the Integrated Professional Competence Examination / Professional Competence Examination/ Professional Education (Examination - II) or Intermediate examination can serve as an Industrial trainee in any of the financial, commercial, industrial undertakings as may specified by the Council or such other institution or organization as may be approved by the Council from time to time.
(ii) Articled assistant before proceeding for Industrial Training has to intimate his principal at least three months before the date on which such training has to commence.
(iii) Minimum period of Industrial Training may range between nine months and twelve months during the last year of prescribed period of practical training.
(iv) The Industrial Training shall be received under a member of the Institute. An Associate who has been a member for a continuous period of at least three years is entitled to train one industrial trainee and fellow is entitled train two industrial trainee at a time, whether
such trainees are articled assistants or audit assistants.
(v) An agreement of training is to be entered in the approved form i.e. Form No. 104
(vi) On satisfactory completion of industrial training, the principal has to issue service certificate in the approved form i.e. Form No. 105.
(vii) The form-104, in duplicate, should be sent so as to reach the office of the Institute within 30 days from the date of commencement of Industrial Training.

Industrial training also offers an opportunity to the trainees to take part in specialised accounting exercises. Thus, for instance, the closing of accounts provides an opportunity for them to acquire the skills necessary as a concomitant to the theoretical knowledge which they have acquired earlier.

Industrial training may also expose the trainees to management accounting, cost accounting, management information system, EDP, etc. It also provides an opportunity to them to participate in the work relating to corporate laws, taxation and secretarial practice.

Industrial Training Vacancies:
http://www.icai.org/post.html?post_id=823

Querist : Anonymous

Querist : Anonymous (Querist)

09 December 2013 Thank you so much for the help.

Ajay Mishra

Ajay Mishra (Expert)
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09 December 2013 My Pleasure...........

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