Transfer of articles

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

07 September 2013 Sir, I want to know wheather an Article Can take tranfer During first year of his Articleship without any permission from his pricipal Or permission is necessary In first year also.??

CA Pallav Singhania

CA Pallav Singhania (Expert)
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07 September 2013 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/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.

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.

Regards,

Ajay Mishra

Ajay Mishra (Expert)
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07 September 2013 Yes,

there is no need to take prior approval of Institute for taking transfer during first year of article ship you just only submit Form-109 signed by your principal.

Rest is replied by your expert brilliantly.

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Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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07 September 2013 Agree with the experts.

Termination during the first year of articleship there is no restrictions as well as prior permission or approval of ICAI not required.

OM SAI SRI SAI JAI JAI SAI

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