Red cross on transfer

Page no : 2

Sehar Shivani (Executive) (57 Points)
Replied 13 March 2008

This is really unfair...... not done.... ppl who have enjoyed theprivilige of many transfers got an edge over us.... we should also have the liberty to take transfer if reqd... this gives the employer undue advantage to use us as bonded labour.... we dont have any say whatsoever...

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Krunal Raichura (Financial Advisory) (2134 Points)
Replied 13 March 2008

Transfer is possible only in three cases as per regulation 56.

1. By mutual consent.
2. By the death of principal
3. By opting for industrial training.

If you are a first or second year article then industrial training option is not open for you. In that case if you want a transfer and the mutual consent is not there, then you will have two choices -

1. Work with your principal even if you are not interested.

2. Wait till your principal dies!

I have said this on the basis of the current status of the Chartered Accountants Act.

As of now, there is no prescriptttion in the chartered accountants act for a case wherin the student is wanting a transfer and principal has refused to sign transfer form. We only have regulation 56 for transfer matters which sounds quite incomplete and irrational to me.

the same is reproduced below -

56. Termination or assignment of articles

Articles may, by agreement between the articled clerk and his principal, be terminated. The articles shall also terminate on the articled clerk opting for industrial training

Where articles are terminated by agreement under sub-regulation (1), the same may be assigned to another principal entitled to train articled clerks under regulation 43. Such assignment shall be in the form approved by the Council.

The provisions of regulation 46 shall apply 'mutatis mutandis' except that no registration fee shall be payable by the articled clerk.

Krunal Raichura (Financial Advisory) (2134 Points)
Replied 14 March 2008

The rules of transfer are not amended to my knowledge. If some one has seen some change in rules, I please request to post the relevant link of ICAI website stating such change in rules.

Mohit Sureka (CS, final CA) (213 Points)
Replied 10 June 2008

thrs no, no transfer rule...

(Guest)

CAN I TAKE ARTICLE WHERE MY MOTHER'S BROTHER IS CA

SHITAL

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shilpa (article trainee) (20 Points)
Replied 06 September 2008

hello friends! my boss,where i am getting training does allow me for coaching bcz timing for coaching is 7:30 am to 10' o clock and i reach office at 10:30. I have heard that as per icai rules i can do my training from 11-5. plz suggest me.