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Transfer in 2nd year

This query is : Resolved 

17 October 2013 Dear Experts,

I want to take transfer from my present principal(c.a.) due to non availability of work.Earlier my principal told me to give good work but now he is saying that i would have to remain in the vat department for whole 3 years of articleship. 1year & 2 months have elapsed till now. He is allowing Me To Take Transfer Any Time But The Problem Is that i have to take consent of icai. and i dont think they would allow me.Please help me sir, i dont wanna waste my 3 years.My ca is 100% ready to give me transfer.

17 October 2013 Transfer /termination of articles is permitted without any restriction during the first year of articles.

After that you have to met the conditions specified by ICAI for the transfer...

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/termination 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.



Regards,

17 October 2013 SIR BUT NONE OF THE ABOVE REASONS ARE SATISFIED. THE MAIN REASON IS NON AVAILABILITY OF WORK


17 October 2013 No under such condition ICAI wont grant you transfer,

You can work as paid up somewhere else if your Principal allows you while doing articleship under him..


17 October 2013 It will not possible to take transfer with above reason..
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only wayout for you is going for Secondment of articles after completion of 2 years of articeship
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another option is you can work with another ca,,but let your articleship registration with your old boss(it is possible only if your old boss accepts,,generally it may not be possible because your old boss may have objection)

17 October 2013 You can take transfer only on permissible grounds as mentioned in CA Regulations, 1988. The Institute will not give you permission on any other ground.

17 October 2013 Yes secondment is the best option suitable in your case.

17 October 2013 sir but for this i will have to wait for 1 year complete. it would be a big waste of time. is there any other way to convince institute.please do something sir.


18 October 2013 there is no other way than this
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instead of convincing institute if you can convince your principal to allow you to work under some other ca to get exposure in work

20 October 2013 sir my principal told me to give reason of irregular payment of stipend to take transfer.please tell me wether it will be alright. Also i want to know wether i would be able to take transfer for industrial training later.

27 October 2013 as you said that you are in 2nd year and also your boss also cooperating to you
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i recommend you to wait till 2 years completiong and go for industrial training, it is a valid reason with which you can take transfer
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till that time you can work as paid assitant in some other firm
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02 April 2014 sir i have come across a new problem now. my principal is going for haj(religious trip) for 3-4 months and he would not be available at the time when i would need his signature on form 104. what shoul i do??????




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