Transfer or Termination of articleship

Sudev Namboothiri (CA FINAL) (432 Points)

03 July 2010  

 

                                                  Transfer/Termination of Articleship
In partial modification of the announcement dated 30th June 2009 regarding transfer / termination of articles the Council in its recent meeting has decided that the transfer/termination of articleship in terms of Regulation 56(1) of the Chartered Accountants Regulations, 1988 shall be permissible on
the grounds as stated below: -
 I. Transfer /termination of articles is permitted without any restriction during the  first
 year of articles.
 II. During rest of the articleship period 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 parent(s) to another city.
     3. Misconduct involving moral turpitude.
     4. Other justifiable circumstances / reasons: -
            (ii) Grounds already permissible in the Chartered Accountants Regulations,               1988 (on submission of requisite proof of the act warranting                          transfer/termination of articleship): -
            a. Industrial Training (Regulation 51)
            b. Secondment of articles (Regulation 54)
            c. Conversion from PCC to IPCC (for termination of articles only. Re-                            registration of articles to be allowed only after passing Group-I of IPCC)
            d. Death of Principal [Regulation 57(1)(c)]
            e. Ceasing of practice by the Principal [Regulation 57(1)(a)]
            f. Removal of name of the Principal from the Register of Member due to any                reason
 [Regulation 57(1)(b)]
      (iii) Marriage basis (only if there is relocation to another city involving distance             of 50 kms).
      (iv) Irregular payment or non payment of stipend with reference to Regulation                67.
       (v) Articled assistant desires to serve balance period of training outside India.
      (vi) Shifting by the Principal to another city involving distance more than 50                    kms.
The articled assistants are required 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
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 be made. Request for transfer not accompanied by consent of Principal shall not be
accepted.
In case of dispute between principal and articled assistant, the matter be settled amicably
among the articled assistant and the principal concerned and the Institute shall not
interfere in such cases.
 
 
2nd July 2010                                                                                            Secretary