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Articleship termination

SHAHAD (CA Final) (75 Points)

23 August 2013

Dear All,

Please let me know is it compulsory to serve excess leave under the same principal, pls tell me the provision reagrding the same.
Also please let me know the procedure to followed if principal is not signing the form 108 or not sending. i know there is one another form the article should sent to principal and institute in that case. is there any additional document is to be sent in that case. please clarify the procedure, as it is very urgent.

Thank You......

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3 Replies

Rahul Bansal (Finalist) (35929 Points)
Replied 23 August 2013

Supplementary Articles

(Regulation 46, 57 & 58)

Leave taken in excess of the period of leave to which he is entitled under Regulation 59 shall be treated as excess leave. The articled clerk is required to undergo articles for further training equivalent to the period of excess leave taken by him during the period of three years of training. Period of excess leave can be served with the same Principal by executing deed in Form No. 107.

However the excess leave can also be served under a new Principal as per Regulation 46.

Conditions:

In case articled training is served with the same Principal and in continuation of previous training without any break:

a.	Submit Form 108 for the previous period of Practical Training alongwith training report as specified in the Training Guide.
b.	Execute a supplementary deed of articles for the period equivalent to the excess leave period in Form 107 on a 'Non-judicial Stamp Paper; or affix ' Special Adhesive Stamp' of appropriate value.
c.	The deed of supplementary articles must be submitted in original alongwith a copy so as to reach the Institute's Office within 60 days from the date of commencement of training.

In case articled training is served with a new Principal, execute a fresh deed of articles in Form 102 and submit Form 103 so as to reach the Institute's office within 30 days from the date of commencement of fresh articles.

For condonation of delay in submission of Form 107, Please see Chapter 25 on condonation.

LINK: https://www.icai.org/new_post.html?post_id=813

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Ganeshbabu K (Audit and Tax Advisory) (48564 Points)
Replied 24 August 2013

excess leave can be served under same ca or it can be served under other ca also

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SHAHAD (CA Final) (75 Points)
Replied 29 August 2013

Thanks guyz,

"In case the Principal has not forthwith issued the Certificate prescribed under Regulation 61, on completion or termination of articles, the articled assistant shall make a request in the form 119 or 120 (as the case may be) approved by the Council, within 15 days of such completion or termination, to the principal, under intimation to the Secretary by registered or speed post, for issue of such certificate of service and the principal shall in any case, issue the certificate of service within three months of such completion or termination"

Is anybody know about this?

If i need to serve my excess leave under differenct CA, how can i do that?

Thanks in advance