Anjaly.P.A ( Article( CA Final)) (221 Points)
01 July 2011
One of my friend has completed her B.com course during the period of articleship. But She didn’t submit form 112 to ICAI. Can anyone explain me about its impact? Is that Degree valid?
kamal kishor sen
(STUDENT Rajasthan)
(2156 Points)
Replied 01 July 2011
The degree is valid untill ICAI knows,
CA Sahil Singla..
(Service Tax )
(3746 Points)
Replied 01 July 2011
degree is valid but CA degree might not be valid....
Pranav
(Doing something or the other)
(92 Points)
Replied 02 July 2011
ICAI has no right nor any jurisdiction to cancel a degree which you have already obtained from another university. However, ICAI prefers to be notified if you are pursuing any other degree along with CA degree. Therefore they require you to inform/notify them of the other degree when you register for articleship vide Form 112. If you do not, they reserve the right to cancel your articleship time served.
Anjaly.P.A
( Article( CA Final))
(221 Points)
Replied 02 July 2011
Thank u for the information.
One more doubt, Should she inform now?
Pranav
(Doing something or the other)
(92 Points)
Replied 02 July 2011
I don't think she should as it amounts to saying 'ICAI, please cancel my time served'. I don't think ICAI's going to listen to arguments about how she made a mistake and how sorry she is. I feel it's better to just go with the flow and not inform them now. No use crying over spilt milk. Plus, there is not much of a chance of ICAI knowing you did another degree unless you tell them. However, they may come to know if you pursue CMA or CS along with CA as they have some sort of inter-linked register between themselves. They have no tie-up with any state/city university (except IGNOU) and they can also never know if a student is pursuing CFA (U.S) along with CA. Not that I encourage not informing ICAI as they are mandatory requirements. I am simply being critical of certain rules made by ICAI and how they feel that they have jurisdiction over the lives of it's members as well as students. Just my opinion of course.
CA Sahil Singla..
(Service Tax )
(3746 Points)
Replied 02 July 2011
it is recommeded to inform ICAI as soon as psobbile...how can one keep secrets with institute of which he/she is going to become a member soon ?
this will amount to professional misconduct during practice if someone complains the ICAI....it will lead to big trouble
Pranav
(Doing something or the other)
(92 Points)
Replied 02 July 2011
Breach of Regulation 65 & 78
Non submission of Form 112
In partial modification of the guidelines as contained in the Announcement dated 14th September 2009, it is hereby notified for the information of all concerned that the Council, in its 291st meeting held on 16th and 17th December 2009, has decided that delay in submission of Form 112 for having done additional / other course alongwith articleship through correspondence mode of study/private student (where there was no requirement of attending any classes at all)/early morning classes/evening classes (with no clash/overlapping between office and teaching hours) be condoned by taking a liberal view of the lapse on the part of the students concerned and membership be granted, as an amnesty measure for all such requests already received or to be received upto 31st March 2010.
However, for additional/other course pursued during day time classes along with articleship, two or more courses at a time alongwith articleship and / or where there is overlapping between working and teaching hours, the Council decided that each such case will be individually considered by the Executive Committee in the light of its decision taken at its 486th meeting held on 21st August 2009 and delay may be condoned and membership may be granted by imposing certain condition(s), as it may deem fit, to be fulfilled by the students concerned before enrollment as a member.
It is notified that wherever any statement made by a student or member is found to be false or varying with the facts discovered during the scrutiny process or later at any stage, the student and/ or member concerned will be liable to be proceeded with in accordance with the Chartered Accountants Act, 1949 and Regulations/Rules framed thereunder.
It was further decided that the student / articled assistants who have not yet taken permission for pursuing a course of study – whether academic or professional – alongwith articleship are advised, in their own interest, to submit Form 112 (can be downloaded from www.icai.org) so as to reach the concerned regional office of the Institute at Mumbai, Chennai, Kolkata, Kanpur or New Delhi, as the case may be, on or before 31st March 2010.
No request for condonation of breach of Regulation 65 & 78 for delay in submission of Form 112 will be considered effective from 1st April 2010.
Joint Secretary (MSS)
05th January, 2010
______________________________________________________________________________
Permission for pursuing a course along articleship
[Regulations 65 & 78, Form 112] – (18-09-2009)
Attention of the students /articled assistants is drawn to Regulation 65 of the Chartered Accountants Regulations, 1988, reproduced below: -
“Without the previous permission of the Council, obtained on application made in the approved form, no articled assistant shall, during the period of his service as an articled assistant, take any other course of study or training, whether academic or professional, or engage in any business or occupation.”
Of late, it has been noted with concern that the students / articled assistants have not been adhering to the requirements of the aforesaid Regulations while pursuing another course alongwith articleship and have been declaring such a fact while applying for enrolment as a Member of the Institute and seeking condonation for Breach of Regulation 65 /78 for having not taken the permission at the appropriate time.
The Executive Committee while considering such cases expressed its anguish and exhorted the students / articled assistants to pursue only one course alongwith articleship, even that be a graduation course and seek permission of the Council by filing of Form 112 duly certified by the Principal i.e. Chartered Accountant and the Principal of the College concerned within 30 days of taking admission.
The Executive Committee has further noted that the additional course(s) has / have been pursued by the students / articled assistants in violation of the provisions of Regulation 65/ 78 and directed that all requests including cases for which condonation requests have been received be dealt with, in terms of the guidelines, provided herein below: -
| Period of Delay | Condition(s) to be complied with by the student for condonation of delay in filing of Form 112. |
| Upto 1 year |
Condone the breach of Regulation 65 and enroll, after three months, from the date of the meeting at which a decision is taken for condonation.
|
| More than 1 year but upto 3 years |
Condone the breach of Regulation 65 and enroll, after six months, from the date of the meeting at which a decision is taken for condonation.
|
| More than 3 years but upto 5 years |
Condone the breach of Regulation 65 and enroll, after one year, from the date of the meeting at which a decision is taken for condonation.
|
| More than 5 years but upto 7 years |
Condone the breach of Regulation 65 and enroll, after two years, from the date of the meeting at which a decision is taken for condonation.
|
| More than 7 years but upto 10 years |
Condone the breach of Regulation 65 and enroll, after two years, from the date of the meeting at which a decision is taken for condonation as well as on completion of the three months’ Residential Course.
|
| More than 10 years |
Condone the breach of Regulation 65 and enroll, after three years, from the date of the meeting at which a decision is taken for condonation as well as on completion of the three months’ Residential Course.
|
The Committee further decided that the students / articled assistants who have not so far taken permission for pursuing additional course alongwith articleship are required to file Form 112 duly completed with the Institute on or before 31st December, 2009 and thereafter no request for Breach of Regulation 65 / 78 will be considered for condonation.
It is clarified that similar provisions will apply to the audit assistants mutatis mutandi.
The above decisions of the Executive Committee are brought to the attention of the Students / articled assistants / audit assistants for necessary compliance.
Secretary
14th September, 2009
SOURCE: https://www.forum4finance.com/2010/01/08/non-submission-of-form-112/
CA Gaurav Ramchandani
(NA)
(193 Points)
Replied 25 August 2011
is it possible that i do my bcom in other city and internship in other city will icai permit this? as i m not attending college i only appear for exams of college . can i do this pls pls let me knw...
Nakul Agarwal
(Student CA Final )
(22 Points)
Replied 14 November 2014
Sir
I m in my second year of articleship and I want to take transfer to another city but my b com college is on going here which would complete in April 2015 . So can I take transfer to another city now ? Please reply ASAP.
Nakul Agarwal
(Student CA Final )
(22 Points)
Replied 14 November 2014
Sir
I m in my second year of articleship and I want to take transfer to another city but my b com college is on going here which would complete in April 2015 . So can I take transfer to another city now ? Please reply ASAP.
CAclubindia
