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Termination of articleship

srinaveen (CA) (78 Points)

16 April 2013

I joined articleship on 13 august 2012 (8 months completed). I want to take termination but my principal denied to sign on form 109. He has been blackmailing me that he will give complaint to institute on misbehaviour grounds if i want termination. What should i do if i want termination? Please help me because there is no work in the firm just they use articled assistants for booking movie tickets,train tickets,deposit of money in banks etc.,

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(Guest)

IMPORTANT RULES FOR TAKING TRANSFERS • Transfer/termination of articles is permitted without any restriction during the first year of articles. • During rest of the Articleship Transfer/Termination of articleship of an articled assistant shall not be allowed except in following cases – - His/her working parent(s) is/are transferred from the city/place where the articled assistant is receiving training to another city and a copy of transfer order/proof is submitted to the principal in proof thereof. On such termination the articled assistant concerned shall join articles training in and around the place of posting of his/her parent(s) and shall not re-register articles in the same city or within 50 Kms radius of the city where he/she has undergone articles prior to such termination. - If the articled assistant is not able to serve the articleship for specified genuine medical reasons thereby opting to discontinue the CA course for a period of at least three months, the termination of articles be permitted, provided that the medical grounds are such that warrant termination of Articleship. - In the event of misconduct involving moral turpitude, gross negligence or unsatisfactory performance of the articled assistant, his articles shall be liable to be terminated by his principal besides being cancelled or extended for such period as may be decided by the Institute. Board of Studies to decide and enumerate the acts constituting misconduct. - Termination/ transfer of articles be permitted on such other justified circumstances as may be deemed genuine by the Council such as Industrial Training, Secondment of articles, Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC), Marriage basis (only if there is relocation to another city involving distance of 50 kms), Death of Principal, Ceasing of practice by Principal, Removal of name of principal from the register of members due to any reason, 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. Any other valid reason to be considered and decided by the President on case to case basis on merits having regard to the facts of the case. While forwarding the Form No. 109 the principal shall state specifically the clause under which the articles have been terminated. The request, on any one or more of the aforesaid grounds, of an articled assistant on a plain paper alongwith the recommendation / consent of the Principal for transfer / termination of articleship accompanied by evidence / proof (self-attested by the articled assistant) to the satisfaction of the Institute is required to be made. Request for transfer not accompanied by consent of Principal shall not be accepted by the Institute.

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(Guest)

@ srinaveen

first off all stop afraiding b,coz u are not a small kid,

don't afraid from threating given by ur chartered accountant,

raise ur voice that, u are joined articles not for booking film tickets & other non- professional work'ss.

moreover, uuuu got right to take terminiation without any restriction'ss during the first year of ur articleship.justtt he simply threating uuu,..........

srinaveen (CA) (78 Points)
Replied 16 April 2013

Form 109 required or not?

(Guest)

Signing 109 form is mandatory without which termination is not accepted by the institute............. but,

u got right to take transfer during the first year articleship.

srinaveen (CA) (78 Points)
Replied 16 April 2013

But my principal is not accepting to sign in form 109. What to do now?

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(Guest)

i can guide u, if u are ready to go against with ur principal.

make a written application to Right to Information Act with a fees rs 10/--

stating ur complaints against ur principal for not signing the articles termination form 109,,,, u will get mandatory information/correspondence from them what to do with in 30 day'sss.

Mrs. Seema GerotraDeputy DirectorICAI Bhawan, P. B. No. 7100, Indraprastha New Delhi - 110 002011 – 30110470seemag @ icai.in

make a call to seema gerotra 011 30110422 she will guide u every thing to what to do,,,,,,,