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Articleship urgent pls pls any one help me

sharmila ( ) (43 Points)

10 February 2012

i have compleated my articles on 13th may 2011 but i have excess leave of 9 months so i had sent both 108 and 107 forms in may 2011 but ihave n't compleate the 9 months of excess leave...Now the due date given by icaifor the completion of excess leave is arrived i.e 05-02-2012 iam not able to compleate this 9 months in the same audit firm. pls help me what can i do and what forms have to be sent to icai and what is the procedure for it pls pls it is very urgent any one please help me

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4 Replies

A.Vn.Anusha (B.Com Qualified CA CS - Final) (306 Points)
Replied 10 February 2012

Leave to An Articled / Audit Clerk

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(Regulation 59 & 74)

During the period of training, an articled / audit clerk is entitled for leave earned @ one-seventh of the actual period served, excluding from such period, the period for which he has been on leave. Following conditions may be noted:

1.	Resonable notice is required to be given by the articled / audit clerk to the Principal.
2.	For the purpose of preparing for the examination of the Institute leave shall be granted for two months, or to the extent due as per his entitlement whichever is less provided an application for leave is made at least 15 days in advance.
3.	Leave not earned may also be granted under Regulation 59(5) / 74 (5).
4.	The Institute's examination days, (including intervening holidays), or days for attending a course at an Academy of Accounting conducted by the Institute shall not be treated as leave.
5.	The period of attendance, with the consent of the Principal, at a conference, course or seminar organised by the Institute including a Regional Council, for the benefit of articled / audit clerks, will also be treated as period actually served under articles / audit service and not leave.

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 leve 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 articles training is served with the same Principal and in continuation of previous training without any break:

a.	Submit Form 108 for the previousn 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 articles 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.

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Aditya Sharma (finance advisory) (377 Points)
Replied 24 March 2012

hello sharmila,

even i have faced the same problem...so dont worry it is not a big deal.

first of all if u do not want to do articleship in the SAME firm than submit form 108 and within any period of time (like in ur case ) file FORM 102 & 103 with your NEW EMPLOYER FOR THE EXCESS LEAVE along with the letter of termination from ICAI (which shows the period of excess leave).

the biggest advantage is that you can select your NEW EMPLOYER WITHIN THE SAME CITY i.e. RULE OF BEYOND 50 kms. DO NOT APPLY IN UR CASE.

enjoy......

anshu jitendra malviya (article) (21 Points)
Replied 04 July 2012

I got a letter from the institute that I had taken an excess leave of 17 days. My articleship got terminated on 12-11-2011. Now I want to serve an excess leave with the same principal from 15-06-2012 to 02-07-2012. So I have to fill Form 102 with the fresh agreement. And whether form 103 should also be filled fresh or what?

Aditya Sharma (finance advisory) (377 Points)
Replied 04 July 2012

u have to fill both 102 & 103 .....it can be filled within 30 days of joining articleship so if u want to show ur articleship from 15/6/12 u may fill it now....but at the same time u need to fill FORM 108 FOR termination which is submitted within 30 days of completion i.e. upto 2 aug.2012......

so my advice is first submit 102 /3 ASAP.....and ur reg. letter of articleship will come in around 20-40 days........so fill FORM 108 between 31.july.12 to 2.aug.12.....or else u may submit FORM 108 even after 30 days by paying penalty of 100 rs. for 3 months delay....