Poonawalla fincorp
Poonawalla fincorp

Regarding transfer of articleship in second year

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Querist : Anonymous

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Querist : Anonymous (Querist)
29 May 2013 My articleship started on 22/08/11.
Now i want to take transfer beacuse my principal is not allowing me to take tution for CA finals though i m ready to work 7 hour daily.
His behaviour is also very bad.
On what basis i can take transfer.???
My principal is ready to give transfer.

note: Also the address of office my principal has changed , which is more than 50 km from the older one in Nov-2012.

please help.
Waiting for quick response.
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Ganeshbabu K

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Ganeshbabu K (Expert)
29 May 2013 https://www.caclubindia.com/experts/transfer-of-articeship-after-1-year-1307604.asp

refer above

your principal office shifted but icai will ask you what are you doing in these 6 months so in my opinion this is not a valid option to choose.
however if you believe that you can satisfy icai with your explanation icai may accept your request.

And as your principal is ready to do provide articleship transfer beter go as a secondment of articleship as there is no strict rules and icai will accept with out any restriction
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Querist : Anonymous

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Querist : Anonymous (Querist)
30 May 2013 Thank you sir for quick response.
Sir since mar-2013 i m suffering From UTI disease so if i can show ICAI that now i am not able to travel 50 km daily two times now because of the disease...
will this be a good option for transfer...
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Ganeshbabu K

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Ganeshbabu K (Expert)
30 May 2013 yes,

it you can take on medical grounds for which you need to obtain a medical certificate from government hospital,

And you should take leave from articleship for minimum 3 months and later only you can register with icai for articleship

which may also results change of your ca final attempt

please refer links given in above reply
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Querist : Anonymous

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Querist : Anonymous (Querist)
30 May 2013 Sir as u said above "your principal
office shifted but icai will ask you what are you
doing in these 6 months "
I want to say that..
if i write to ICAI that till mar-13 i was able to travel 100 km daily...but after that because Of UTI i m not able to do so...
so in this case also it is required that i should have take leave on medical ground for atleast 3 months..

sir i want to leave my boss...
can i go For moral turpitude option..
if yes..
is there any disadvantage regarding this option..like giving bad impression to Icai...
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Ganeshbabu K

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Ganeshbabu K (Expert)
30 May 2013 Whatever you are taking leave on medical grounds means u should take leave for 3 months

as you said ask icai permission to take transfer from articleship on ground that because of your health problem i cannot travel 100 kms per day

icai may accept your request as it is looking like a valid reason and it can be considered.


How can you go by moral turpitude,

It is very tough and risky job to fight against principal in which we cannot win unless there is strong reason and proof that he made mistake on us
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Querist : Anonymous

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Querist : Anonymous (Querist)
30 May 2013 Thank You sir..
so sir if i go for " to take transfer
from articleship on ground that because of your
health problem i cannot travel 100 kms per day
icai may accept your request as it is looking like
a valid reason and it can be considered"
.
.
.
.
What step i have to take...
procedures...
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Ganeshbabu K

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Ganeshbabu K (Expert)
30 May 2013 refer

http://220.227.161.86/19592announ10698.pdf

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.
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

Transfer with out prior approval is not considered
http://www.icai.org/new_post.html?post_id=7267

Thanks & regards

Ganeshbabu
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Querist : Anonymous

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Querist : Anonymous (Querist)
31 May 2013 Thank you sir...

sir where i can find the date on which my boss's office address has changed...
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Ganeshbabu K

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Ganeshbabu K (Expert)
31 May 2013 Means,

As you are working you may be aware of that

Thanks

Ganeshbabu
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Querist : Anonymous

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Querist : Anonymous (Querist)
31 May 2013 Sir we shifted to our new office in mar-12 but as i know till oct-12 ..address of new office was not registered...we were reporting to our client on last office address..
all audit reports have the older office address..
so i want to know the date of regstration of adress of new office..
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Ganeshbabu K

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Ganeshbabu K (Expert)
01 June 2013 we cannot say when was the address was changed you need to communicate with boss and know such details when he updated address with icai

that date is the official change of address and you can go along with that

he need to file prescribed form with icai regarding change of address just see that

we cannot see online on what date address was changed..

you can see members details as below

http://220.225.242.179/mem_card.asp
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Querist : Anonymous

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Querist : Anonymous (Querist)
03 June 2013 sir to whom we have to address reagrding request of transfer...

and can i take transfer on secondment of articleship basis..
if yes..
then after one year again i have to take transfer to another firm to complete my articleship training..
i started articleship on 22/08/11
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Ganeshbabu K

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Ganeshbabu K (Expert)
03 June 2013 REQUEST CAN BE MADE TO ICAI CHENNAI( IF YOU REGISTER IN SOUTH REGIONS)

AND YOU CAN TAKE SECONDMENT AFTER COMPLETING 2 YEARS OF ARTICLESHIP ONLY, I.E, SECONDMENT ALLOWED ONLY IN LAST YEAR OF ARTICLESHIP,

SO YOU CAN TAKE SECONDMENT OF ARTICLESHIP AFTER 23/08/2013
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Querist : Anonymous

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Querist : Anonymous (Querist)
07 June 2013 body of letter :
this is to inform you that mu principal's office has transferred from xyz,Abc to DEF,PQR involving distance more than 50 km and since April 2013 i am suffering from UTI(urine tract infection) disease.
Now i am not able to travel 100 km daily to attend my office . So kindly grant me to take transfer in another office at ABC.

yours faithfully
xyz
CrO########

sir
is this prensentation good ?
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Ganeshbabu K

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Ganeshbabu K (Expert)
07 June 2013 Kindly grant me permission to take transfer..

it will be okay..presentation may not be a big problem..just icai want to know the reason

Good luck
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Querist : Anonymous

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Querist : Anonymous (Querist)
07 June 2013 ok sir.
sir body of letter is good na?
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Ganeshbabu K

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Ganeshbabu K (Expert)
07 June 2013 Yes, good

on top include addresse

to
the secretary of icai
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Querist : Anonymous

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Querist : Anonymous (Querist)
08 June 2013 what papers should i attach with letter?
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Ganeshbabu K

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Ganeshbabu K (Expert)
08 June 2013 if you have any mediacal certificate or proof to proove your disease attach it

Thanks and regards

Ganesh babu
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Querist : Anonymous

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Querist : Anonymous (Querist)
11 June 2013 sir can termination by mutual consent can be taken?
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Ganeshbabu K

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Ganeshbabu K (Expert)
11 June 2013 that was clearly said in my first reply

Please refer reply clearly and link provided

Termination by mutual consent is allowed in only in during 1st year of articleship

For transfer during second year prior permission from ICAI is mandatory,

Please refer

http://220.227.161.86/19592announ10698.pdf

Any confusion than this please contact nearest regional branch of icai..

Thanks & regards
Ganesh babu k
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Querist : Anonymous

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Querist : Anonymous (Querist)
15 June 2013 sir i am attaching a medical certificate with letter..
will this be ok?
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Ganeshbabu K

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Ganeshbabu K (Expert)
15 June 2013 Yes. it will be fine..

Dont forgot to send your boss acceptance also along with this.

Thanks & regards
Ganeshbabu k
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Querist : Anonymous

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Querist : Anonymous (Querist)
15 June 2013 on the letter by boss has signed and stamped..
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Ganeshbabu K

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Ganeshbabu K (Expert)
15 June 2013 Yes..it is..

thanks & regards
Ganeshbabu k
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Querist : Anonymous

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Querist : Anonymous (Querist)
15 June 2013 thank you sir..

sir in how many days i will get the response
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Ganeshbabu K

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Ganeshbabu K (Expert)
15 June 2013 Generally you may get in 20 days

i cannot guarantee you..it depends on icai..

Thanks & regards
Ganesh babu k
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Querist : Anonymous

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Querist : Anonymous (Querist)
17 June 2013 sir where to send the letter..
i m from central region..
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Ganeshbabu K

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Ganeshbabu K (Expert)
17 June 2013 Send to where you have registered articles

address can be found in application form..
or tak web help

Thanks & regards
Ganesh babu
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Querist : Anonymous

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Querist : Anonymous (Querist)
17 June 2013 sir on articleship registration letter there is address of kanpur..
so i have send there..
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Ganeshbabu K

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Ganeshbabu K (Expert)
17 June 2013 yes..if you have sent form 103 to kanpur at the time of article registration

Thanks & regards
Ganesh babu k
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Querist : Anonymous

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Querist : Anonymous (Querist)
03 July 2013 thanku sir for your guidance.
I have received transfer order from ICAI.
Now what steps should i take...
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Ganeshbabu K

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Ganeshbabu K (Expert)
03 July 2013 Great..you did it..

congracts

you just need to file form109 for transfer,

103 and 102 with new employer and send 103 to icai with in 30 days from the date of joining with new employer

Please do consult icai regional branhc they will guide you clear procedure

you may get instructions in transfer order also

Thanks & regards
Ganesh babu k
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Querist : Anonymous

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Querist : Anonymous (Querist)
05 July 2013 sir how to calculate leave?
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Querist : Anonymous

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Querist : Anonymous (Querist)
05 July 2013 articlship period- 1.75 years
leave taken- 150 Days
had worked on 5-6 sundays, 10-12 national holidays and also beyond the excess working hours also...

how many leave taken should i write on form 109???
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Ganeshbabu K

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Ganeshbabu K (Expert)
05 July 2013 How many days worked you have not provided.

see illustration provided for your reference

An article completed 3 years of article ship till now. So,
Total working days: 365*3 = 1,095 days
Leaves Taken so far = 100 days
Actual period Served = 995 days
Leaves Earned = 1/6th on 995 = 165 days
Leave entitled (subject to sanction of leave by your Principal) = 65 days (165-100 days)

So do caluculate as above

yes you can count 6 sundays and national holidays worked and extra hours worked is subject to the sanction of Your boss..if your boss allowed you may take this credit
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Querist : Anonymous

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Querist : Anonymous (Querist)
09 July 2013 Sir how much leave should i enter in form 109..according to my case...
150 days or[150-(639/6]=43 days..???
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Ganeshbabu K

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Ganeshbabu K (Expert)
09 July 2013 Leave take till articles is required to disclose in form 109

Please note

1)leave taken and in between sundays and holidays is considered as leave

2)working in firm and holidays and sundays in between is considered as period actually served in articleship
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C A S.S.Agarwal, M.Com.,LL.B,

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C A S.S.Agarwal, M.Com.,LL.B, (Expert)
15 July 2013 Several deliberations have been made and the only thing is that as per transfer rules you have to act accrdingly
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Querist : Anonymous

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Querist : Anonymous (Querist)
22 July 2013 sir articlship registration form is not available at my nearest ICAI branch..
can i download form on net??
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Ganeshbabu K

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Ganeshbabu K (Expert)
05 September 2013 you should have ask in that icai branch only what to do now,,can i submit downloaded form from online
.
.
.
what i am telling is you can go with online form but you may not get identity card ..
.
.
So ask in chapter office and go accordingly

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