10 September 2013
dear sir I am currently pursuing my articleship at deloitte,prior to that I was working at Bansi S Mehta ,I have completed 2 years of articleshio and now I want to undergo industrial training so will a transfer be permissible as I have already transferred once as stated above
10 September 2013
Yes Second transfer is allowed subject to permission of ICAI. There are certain conditions for this.
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.
Industrial Training only can be done in the last year of article as you are eligible for it...
However, there are certain rules regarding to this:
Articled clerk has intimated to his Principal his intention to take such industrial training at least three months before the date on which such training is to commence.
The period of industrial training may range between nine months and twelve months during the last year of the prescribed period of practical training.
The industrial training shall be received under a member of the Institute. An Associate who has been a member for continuous period of at least three years shall be entitled to train one industrial trainee at a time and a fellow shall be entitled to train two industrial trainees at a time, whether such trainees be articled clerks or audit clerks.
An agreement of training shall be entered into in the form approved by the Council.
On satisfactory completion of the Industrial training, the member training the industrial trainee, shall forthwith issue to the trainee a certificate in the form** approved by the Council in respect of the training undergone under him and forward a copy thereof to the Secretary.
10 September 2013
respected sirs, I understand what your saying but in my first year I had availed a transfer,so this would be my second transfer ,I was under the impression that a transfer is permissible only once in the 3years of articleship which I have availed so simply I would want to enquire if I can avail the transfer benefit for the second time in the second year. thank you .
CAclubindia
