Rajesh Ramachandran (Trainee) (30 Points)
08 March 2013I'm currently doing my articleship in a firm, i've completed 9 months of my articleship. I'm planning to shift the firm . Now what are the formalities i've to do to shift the firm and how many months break can i have before joining any other firm... And is there any specific reason that should be complied if i've to leave in my first year of articleship...
Ganeshbabu K
(Audit and Tax Advisory)
(48559 Points)
Replied 08 March 2013
1) You need to convince your employer for transfer for articleship,if he agrees all goes good as you are in first year of articleship ,ICAI will not object to u.
2) you have to take signature in form109 transfer form,and then you have to take signature on work diary for the period you served.
3)send the form to icai along with the ID card you got from the previous employer
Ganeshbabu K
(Audit and Tax Advisory)
(48559 Points)
Replied 08 March 2013
i dont guess there is a stipulation that u have to join articles after specified time of transfer of articleship,
however it is advisable to join with new employer as early as possible.
Pawan Mittal
(CA Final)
(702 Points)
Replied 08 March 2013
rahul
(others)
(284 Points)
Replied 08 March 2013
just fill up form no 109 with old employer with in 30 days , then fill up form no. 103 , 102 with the new employer with in 30 days of joining new firm to avoid late fine
no need to give any reason
and difference between the date of termination and date of joining new firm should not be more than the difference between the date when your 2.5 years is completing and first day of month of relevant attempt,
in other words , you have flexibility to join new firm to the extent of no. of days between the date when your 2.5 year is completing and first day of month of relevant attempt
Rajesh Ramachandran
(Trainee)
(30 Points)
Replied 08 March 2013
thank you all, it was very useful... so if my articleship registration date is 14-may-2012 and if my final attempt falls on may 2015 then the time gap which i can have to apply for the new firm is 5 and half months effectively right?
neeraj
(no)
(392 Points)
Replied 09 March 2013
| Originally posted by : Ganeshbabu | ||
 |
is there any limit of taking transfer... can we take transfer 2 or 3 or even 5 times.... what if we want to take transfer after 1 year of articleship |
|
neeraj
(no)
(392 Points)
Replied 09 March 2013
| Originally posted by : Ganeshbabu | ||
|
|
is there any limit of taking transfer... can we take transfer 2 or 3 or even 5 times.... what if we want to take transfer after 1 year of articleship |
|
Ganeshbabu K
(Audit and Tax Advisory)
(48559 Points)
Replied 10 March 2013
@ neeraj,
yes you can take transfer from articles any number of times,
Provided,
once you completed one year of articleship ,you need to take permission of ICAI, for transfer of articleship to other principal,
Even ,you can take transfer from principal any number of times,providd ICAI should give permisson to you before taking transfer,. which will not be possible unless there is prescribed reason for transfer
rahul
(others)
(284 Points)
Replied 10 March 2013
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. On Medical grounds requiring discontinuance of articles for a minimum period of three months.
2. Misconduct involving moral turpitude.
3. Transfer of parent(s) from one city to another city.
4. Other justifiable circumstances / reasons: -
a. Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of article ship): -
b. Marriage basis (only if there is relocation to another city involving distance of 50 kms).
c. Irregular payment or non payment of stipend with reference to Regulation 67.
d. Articled assistant desires to serve balance period of training outside India.
e. Shifting by the Principal to another city involving distance more than 50 kms.
Ajay Mishra
(Company Secretary)
(74332 Points)
Replied 10 March 2013
Hi
Before taking transfer firstly you take prior approval from Institute.
https://www.icai.org/new_post.html?post_id=7267
Ajay Mishra
(Company Secretary)
(74332 Points)
Replied 10 March 2013
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 b 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.
Ganeshbabu K
(Audit and Tax Advisory)
(48559 Points)
Replied 10 March 2013
I have successfully completed my articleship transfer in first year of articleship..
With out obtaining prior approval from the ICAI
Ajay Mishra
(Company Secretary)
(74332 Points)
Replied 10 March 2013
Transfer/Termination of Articleship - (12-05-2011)
|
ANNOUNCEMENT |
|
Transfer/Termination of Articleship [Regulation 56(1)] |
|
As informed earlier vide announcement dated 2nd July 2010, ICAI is allowing the articled assistants to seek transfer/termination of articleship only on permissible grounds and the articled assistants are advised to get the consent of the Institute before getting Form 109 signed by the Principal in their own interest. |
|
However, it is noticed that some of the articled assistants are submitting Form 109 signed by the principal along with the application for transfer/termination of articleship. Issuance of Form 109 prior to formal approval of the Institute for transfer will not be taken into record. |
|
It is advised that Principal and articled assistant may forward Form 109 duly signed by both of them only after obtaining the prior permission of the Institute for transfer/termination. |
| Secretary |
| May 10, 20 |
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