How to take transfer in 3rd year of articleship when 3.5 months of articleship period is left?

This query is : Resolved

Vishal Adhana (Querist)
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05 January 2022 I am doing my articleship from a CA firm in Delhi, 3.5 months of my articleship period is left, but i am facing hard time with my management and they have also abused me in front of everyone and have threaten me that they'll not give me stipend etc etc.

I really want to take transfer and want to know what can be done in this repect in the present scenario.

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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09 July 2024 I understand your situation is quite stressful, and it’s important to address it appropriately. Here’s what you can do regarding transferring your articleship in the current scenario:

### Steps to Take Transfer of Articleship:

1. **Document the Issues**:
- Keep a record of the incidents where you have faced abuse or threats. Document dates, times, and details of the events. This documentation will be helpful if you need to present your case to the ICAI.

2. **Communicate with Your Principal**:
- If possible, have a calm and professional conversation with your principal or a senior partner about your issues. Sometimes, direct communication can resolve misunderstandings.

3. **Apply for Transfer**:
- ICAI allows transfer of articleship under certain conditions. The following conditions might be relevant:
- Health reasons of the articled assistant (requiring medical treatment of 3 months or more).
- Transfer of parents to another city.
- Misconduct involving moral turpitude.
- Given your circumstances, the issues you are facing could be categorized under “misconduct.”

4. **Submit Form 109**:
- You will need to submit Form 109 (Articleship Termination Form) to ICAI, signed by your current principal.

### Specific Steps:

1. **Draft a Request Letter**:
- Write a letter to your principal requesting a transfer. Mention your reasons briefly and politely.

2. **Request for Consent**:
- Obtain consent from your principal for the transfer. If they refuse, note this for your records.

3. **Reach Out to ICAI**:
- If your principal refuses to grant a transfer, contact the ICAI for assistance. You can write a letter or email to the ICAI explaining your situation and the reasons for requesting a transfer.

### Contact ICAI:

- **Regional Office**:
- Visit or contact the nearest ICAI Regional Office to discuss your situation.

- **Write to the Institute**:
- Draft a letter to the Board of Studies (BoS) of ICAI explaining your predicament and seeking their intervention.

### Important Contacts:

- **ICAI Helpline**: Contact the ICAI helpline for guidance on your specific situation.

### Preparing for After Transfer:

1. **Look for a New Principal**:
- Start looking for another CA firm where you can complete the remaining period of your articleship.

2. **Documentation**:
- Ensure all your documentation, including the transfer form (Form 109), medical certificates (if applicable), and communication with ICAI, is in order.

### Sample Request Letter:

```plaintext
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Date]

[Principal's Name]
[Firm's Name]
[Firm's Address]
[City, State, ZIP Code]

Subject: Request for Transfer of Articleship

Dear [Principal's Name],

I hope this letter finds you well. I am writing to formally request a transfer of my articleship from [Current Firm's Name] due to [briefly state your reasons such as "the challenging work environment and personal issues"].

I have enjoyed my time at [Current Firm's Name] and have learned a great deal, but I believe a change is necessary for my professional growth and personal well-being.

I kindly request your understanding and support in this matter. I am willing to cooperate in any way necessary to ensure a smooth transition.

Thank you for your consideration.

Sincerely,

[Your Name]
[Your ICAI Registration Number]
```

Handling this situation with professionalism and keeping detailed records of all communications and incidents will be crucial. If needed, don't hesitate to seek advice from senior colleagues or a mentor within the CA community.