Transfer of articleship

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Rinki (Querist)
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28 June 2012 plz help...
hi i want to take transfer from my present ca firm. I have started my articleship from 20/08/2011 so please tell me the procedure. And i also want to know that the time period of transfer of articleship without permission i.e 1 year, is this term is only for taking for tranfer or also for joining the new firm. and there is one more problem that my articleship form the principal's copy is missing from office. Will that effect the transfer or anything else. and please last one what if principal will not allow the transfer.

Ajay Mishra

Ajay Mishra (Expert)
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28 June 2012 Hi

If your details of article ship are missing, then you send mail to the following link:

https://220.227.168.109/

Rinki

Rinki (Querist)
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28 June 2012 sir i have my copy of form 103 but the principal's(ca's) copy from office is missing
will that effect transfer of articleship

Ajay Mishra

Ajay Mishra (Expert)
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28 June 2012 Hi

It is the principal responsibility to have a copy or not, its not your responsibility to maintain such copy, so don't worry.

Regards

Rinki

Rinki (Querist)
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28 June 2012 thnx once again sir

Rinki

Rinki (Querist)
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28 June 2012 sir one more thing what if principal will not allow transfer.

Ajay Mishra

Ajay Mishra (Expert)
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28 June 2012 Hi

It is required to sign Form 109 by principle. So try to request him/her for signing.

All the Best.

Ajay Mishra

Ajay Mishra (Expert)
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28 June 2012 Hi

Transfer/Termination of Articleship
[Regulation 56(1)]

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.

Regards

Rinki

Rinki (Querist)
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28 June 2012 thnk u sir.

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