Transfer on medical ground

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Querist : Anonymous

Querist : Anonymous (Querist)

22 September 2013 How can I take transfer on the medical ground?? What procedure will be followed?? And will this delay my final exam's attempt??

Ashwani Narnoli

Ashwani Narnoli (Expert)
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22 September 2013 if u remain absent from articleship for a period of 3 months then transfer can be taken.

Ankur Garg

Ankur Garg (Expert)
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22 September 2013 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.

Thanks
Ankur

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Querist : Anonymous

Querist : Anonymous (Querist)

22 September 2013 Will ICAI surely give me transfer on medical basis?? And will it affect my final's attempt??

Ganeshbabu K

Ganeshbabu K (Expert)
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23 September 2013 Yes, icai will allowe

write a request to icai for transfer of articleship along with government doctor certification specifying that you need leave,,and this certificate should kept along with recommendation of your employer with the same reason and send to icai ,,
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icai surely permits on this ground after 3 months of leave you can re-register as articlestudent

Querist : Anonymous

Querist : Anonymous (Querist)

23 September 2013 When can the application be sent to ICAI..now or after 3 months leave?? And does the institute permits to join articleship in the same city??

Ajay Mishra

Ajay Mishra (Expert)
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23 September 2013 If you have taken transfer on medical ground then the Institute have no objection if you take re registration for article ship in same city.

Querist : Anonymous

Querist : Anonymous (Querist)

23 September 2013 Sir
i haven't taken the transfer yet. I am required to send an application to the institute but I wish to know that when the application can be sent?? And what exactly I will be required to mention in the application??

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Ganeshbabu K

Ganeshbabu K (Expert)
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23 September 2013 send aplication now only
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.i have mentioned procedure in my above reply
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recommended to take suggestions from icai ..contact nearest regional office or make a call to icai

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