08 December 2010
My articleship period is over, but around 6 months of excess leave I have taken.I have decided to serve my excess leave taken with another chartered Accountant. Can I do so.? If it is possible Which are the forms I have to execute and send to institute for termination from the old principal and joining to new principal?.
08 December 2010
Excess leave is a part of articleship only... So, as transfer is not allowed in articleship, that applies to excess leave as well... The only thing u can do is to get secondment, that to as well when ur boss agrees for it. For secondment, u need to inform ICAI, no specified form is there for it.....
IMPORTANT RULES FOR TAKING TRANSFERS • No request for termination of articles is entertained from any articled assistant in general and more particularly during the first six months and also during the last twelve months of articles except as provided in the Regulations. In the event of termination, his articles shall not be registered in the same city. • No request of an articled assistant for termination (transfer) of articleship shall be considered unless his/her working parent(s) is/are transferred from the city/place where the articled assistant is receiving training to another city and a copy of transfer order/proof is submitted to the principal in proof thereof. On such termination the articled assistant concerned shall join articles training in and around the place of posting of his/her parent(s) and shall not re-register articles in the same city or within 50 Kms radius of the city where he/she has undergone articles prior to such termination. • If the articled assistant is not able to serve the articleship for specified genuine medical reasons thereby opting to discontinue the CA course for a period of at least three months, the termination of articles be permitted, provided that the medical grounds are such that warrant termination of Articleship. • In the event of misconduct involving moral turpitude, gross negligence or unsatisfactory performance of the articled assistant, his articles shall be liable to be terminated by his principal besides being cancelled or extended for such period as may be decided by the Institute. Board of Studies to decide and enumerate the acts constituting misconduct. • Termination/ transfer of articles be permitted on such other justified circumstances as may be deemed genuine by the Council such as Industrial Training, Secondment of articles, Conversion from PCC to IPCC, Marriage, Death of Principal, Ceasing of practice by Principal, Name of the principal is removed from the register of members, Irregular payment or non payment of stipend with reference to Regulation 67, Articled assistant desires to serve balance period of training outside India, Shifting by the principal to another city involving distance more than 50 Kms, Going back to home town after completion Graduation Course or PG course in a city, Any other valid reason to be considered and decided by the President on case to case basis on merits having regard to the facts of the case. While forwarding the Form No. 109 the principal shall state specifically the clause under which the articles have been terminated.
09 December 2010
Mr Ajay Mishra....please reply for the answer...Dont paste for all the questions irrelevant points... If u dont have answer, pls dont reply. It will reduce the attention of those who have an answer...
For best answer, you can contact nearest ICAI Chapter to resolve your queries. Through this club we members try to resolve the queries or reach near to resolve queries.If you think that the above post is irrelevant for you, ignore it, and against ask that the said answer is not resolving or providing any satisfactory answer.
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