I have cleared my CA Final in Nov. 2010 with all india rank 21st i have also cleared my cs in June 2011. I have applied for membership after attaining the age of 21 on 22/08/11 but i haven't alloted membership till today at kanpur they are saying that you have breach regulation 65 so pay 1000/- and give a condolence letter signed by your principal coz i have not applied for CS in form 112 and i am of the opinion that i was exempt from filling Form 112 through this circular http://www.icai.org/post.html?post_id=3121&c_id=246
30 September 2011
Write an Application with xerox of all the certificate of proof that u have registered for CS before the time as per the announcement.
03 August 2024
It seems you are dealing with a situation involving compliance with the Institute of Chartered Accountants of India (ICAI) regulations and the Companies Secretaries (CS) course. Let’s break down the issues and possible steps you can take:
### 1. **Understanding the Issue with Form 112 and Regulation 65**
- **Form 112:** This form is required by ICAI for students pursuing other courses concurrently with the CA course. It is meant to ensure that there is no conflict in the study schedules of the two courses.
- **Regulation 65:** This regulation stipulates that a CA student must not be pursuing another professional course simultaneously without informing the ICAI.
- **Notification/ Circular Reference:** The circular you referenced, dated October 2010, might have been intended to provide exemptions or clarifications regarding the need to fill Form 112. According to your interpretation, it may suggest that certain exemptions apply.
### 2. **Current Situation and Resolution**
- **Membership Application:** Since you have applied for membership and were informed that you need to pay a fee and provide a signed condolence letter due to not submitting Form 112, this implies non-compliance with ICAI regulations regarding concurrent courses.
- **ICAI's Stance:** If the Kanpur branch is insisting that the circular only applies to B.Com students and not other professional courses like CS, this could be due to specific guidelines or interpretations of the circular.
### 3. **Steps to Resolve the Issue**
1. **Review the Circular:** - Revisit the circular on the ICAI website to ensure your understanding is correct. The circular might have specific mentions of which courses are exempted.
2. **Communicate with ICAI:** - Write a formal letter to the ICAI, preferably addressing it to the Secretary or relevant authority, explaining your situation and referencing the specific circular. - Attach supporting documents and a clear explanation of why you believe the circular applies to your case.
3. **Payment of Fees and Letter:** - If ICAI maintains their stance, you may need to comply by paying the fee and providing the required documents. However, you can still express your concerns and seek clarification on the necessity of these steps.
4. **Consult a Professional:** - Seek advice from a senior CA or legal expert who specializes in ICAI regulations. They may offer insights into whether you need to comply or if you can challenge the decision.
5. **Follow Up:** - Ensure to follow up with ICAI to track the progress of your membership application and confirm whether any additional steps are needed.
### Sample Letter to ICAI:
**Subject: Clarification Regarding Form 112 and Membership Application**
To, The Secretary, Institute of Chartered Accountants of India, [ICAI Office Address]
Dear Sir/Madam,
I am writing to seek clarification regarding my membership application, which has been pending since my application dated [Date]. I have been informed by the Kanpur branch that I need to pay a fee of Rs. 1000 and provide a signed condolence letter from my principal due to non-submission of Form 112.
However, I understand that according to the circular dated October 2010 (available at [link]), there was a provision for exemptions regarding the submission of Form 112 for students pursuing certain courses. My query pertains to whether this exemption applies to professional courses such as the CS course, which I was pursuing concurrently with my CA studies.
I would appreciate it if you could provide clarification on this matter or confirm if there has been any update to the regulations since the mentioned circular. If compliance is necessary, I am prepared to follow the required steps but seek guidance on whether my understanding of the circular was incorrect.
Thank you for your attention to this matter. I look forward to your prompt response.
To resolve the situation effectively, ensure that you: - Confirm the applicability of the circular to your situation. - Communicate clearly with ICAI and follow their guidance. - Seek professional advice if necessary.
This approach will help you address any regulatory issues and facilitate the processing of your membership application.
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