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Articleship transfer in 3rd year

kewal rochwani (student) (38 Points)

18 May 2016

Hello friends,

I m presently persuing articleship in ahmedabad gujarat and less then 6 month are left for competion of articleship , my home town is gandhidham (kutch) and my mother alone live, there due to seviour helth problem of her i want to take transfer to my home town .

Request you to please help me for the above issue and if possible what is the procedure i have to follow to take transfer .

its urgent please reply as early as possible

thank you

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4 Replies

Vinay somani (CA, CS) (Assistant Manager-Accounts) (549 Points)
Replied 18 May 2016

In this case u are not allowed to get transfer. same condition is not permitted as per regulations of icai. if any one have different view please update.

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kewal rochwani (student) (38 Points)
Replied 18 May 2016

thanks for reply vijay sir ,

i know about reasons mentioned by ICAI but is it possibility that in some exeptionel case icai my grant permission for transfer??

Vinay somani (CA, CS) (Assistant Manager-Accounts) (549 Points)
Replied 18 May 2016

Transfer/Termination of Articleship
[Regulation 56(1)]

In accordance with the decision of the Council, the transfer/termination of articleship in terms of Regulation 56(1) of the Chartered Accountants Regulations, 1988 shall be permissible to an articled assistant on satisfying any one or more of the conditions as stated below: -

Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a Medical Certificate issued by a Government Hospital).
Transfer of a working parent to another city involving a distance of minimum 50 kms (on production of a certified copy of the transfer order and the proof of relocation to another City).
Misconduct involving moral turpitude.
Other justifiable circumstances / reasons: -
- Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of articleship): -
  - Industrial Training (Regulation 51)
  - Secondment of articles (Regulation 54)
  - Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)
  - Death of Principal [Regulation 57(1)(c)]
  - Ceasing of practice by the Principal [Regulation 57(1)(a)]
  - Removal of name of the Principal from the Register of Member due to any reason [Regulation 57(1)(b)]
- Marriage basis (only if there is relocation to another city involving distance of 50 kms).
- Irregular payment or non payment of stipend with reference to Regulation 67.
- Articled assistant desires to serve balance period of training outside India.
- Shifting by the Principal to another city involving distance more than 50 kms.

The articled assistants are required, in the first instance, 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 with recommendations 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.

Secretary

30th June 2009

Kamlesh (Article Assistant) (181 Points)
Replied 20 May 2016

Kewal,

The Notification posted by Vinay Somani do not include the reason you mentioned, However i beleive, and seen the students getting transfer if the reason is genuine. You can send the required documents to ICAI and also send your mothers health related documents and the fact that you are the only caretaker. Institute may allow you to take transfer.

Best Luck,

Kamlesh