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Transfer of Articleship under new rule

Vidya Suresh (Article ) (38 Points)

14 April 2010

I am employed with the CA before joining my articleship for 4 years, & continuing articleship for 1 year more with same, whether can I take transfer on same ground that I wound tlike to change the employer & change of clientbase & type of work. There is no transfer of working parent or any another eligible reasons.

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3 Replies

Punit Tibrewal (student ) (1684 Points)
Replied 14 April 2010

u can terminate ur articleship on providing some valid reasons bt u cannot join new office in the same city....!!!!!!!

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P A N K A J (CA FINAL) (740 Points)
Replied 15 April 2010

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: -
1. Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a Medical Certificate issued by a Government Hospital).
2. 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).
3. Misconduct involving moral turpitude.
4. Other justifiable circumstances / reasons: -
1. Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of articleship): -
1. Industrial Training (Regulation 51)
2. Secondment of articles (Regulation 54)
3. Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)
5. Death of Principal [Regulation 57(1)(c)]
6. Ceasing of practice by the Principal [Regulation 57(1)(a)]
7. Removal of name of the Principal from the Register of Member due to any reason [Regulation 57(1)(b)]
1. Marriage basis (only if there is relocation to another city involving distance of 50 kms).
2. Irregular payment or non payment of stipend with reference to Regulation 67.
3. Articled assistant desires to serve balance period of training outside India.
4. 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.