Articleship transfer in first year

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

21 June 2014 Dear Sir / Madam,

I want to take a transfer in first year, but my principal is not allowed to give the transfer as he agree that i provided him a genuiene reason. Still he is not ready to sign the consent form, he said give us time to improve.

I am facing the following problem...:

1. I regestered my articleship on 31st july 2013, but i met my principal only 3 times Which was max to max only for 5 min.

2. My registered office is in Versova, which is only on paper... No one staff is going to that office, even no one dont know exactly where it it. His actual office is in Nagpur.

3. My firm is basicaly in Internal Audit, bt we have only 4 clints in Mumbai, so i cant gain wide exposure in which 4 months i done data entry type work & 2 months Basic accounting type work.

4. In mumbai, there is only one seniour ( who is from nagpur & not.have. manners to talk) for supervision & guidence, but he not CA... He is CS - inter... So he is not able to give proper guidence...

5. One day, i called to my CA for one problem of tax... He said google it...

I also have audit record which is I record at time of my exit interview, in which she is agreed that I have.genuine reasons..

Please, help me.... Give me a suggestion for how can i take a transfer as early as possible...?????

Querist : Anonymous

Querist : Anonymous (Querist)

21 June 2014 Pls I need an Expert opinion

Ankur Garg

Ankur Garg (Expert)
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21 June 2014 Grounds and Procedure for Articleship Transfer

Hello,

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

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