SANIKA CHAWAK (ARTICLED ASSISTANT) (71 Points)
05 April 2012i m in the 1st year of my articleship.i want to transfer to another firm.according to the procedure am i suppose to get a prior permission from the institute by making an application since i m still in my 1st year of articles.if so when m i suppose to fill form 109? i.e after getting permission or before that i can fill n submit the form..??n hw long will the institute take to send me the permission letter..??
prateek aanchalia
(CA)
(859 Points)
Replied 05 April 2012
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Transfer/Termination of Articleship - (12-05-2011)
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for more detail u also see that link..
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 05 April 2012
Kindly go through the following rule and grounds for Transfer:
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/terminatio n 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.
PROCEDURE
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 along with 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
SANIKA CHAWAK
(ARTICLED ASSISTANT)
(71 Points)
Replied 05 April 2012
thanku...
bt how much time will the institute take to give me permission..??? n if so will i receive a permission letter from the institute & in how many days approxx..??
prateek aanchalia
(CA)
(859 Points)
Replied 05 April 2012
sanika
its all depend on institute ..
but minimum 1 month take in this process. if u not get any reply than further proceeds.
i suggest you to kept one copy of application when you send for approval. because if u not get reply than you proceeds on that earlier copy evidence...
SANIKA CHAWAK
(ARTICLED ASSISTANT)
(71 Points)
Replied 05 April 2012
SANIKA CHAWAK
(ARTICLED ASSISTANT)
(71 Points)
Replied 05 April 2012
i wish to change because my current firm has only vat audit n that 2 nt on very large scale...so can i write this reason in my application to the institute..i mean will they consider it as a valid reason..?? n giv me permission..??
CA. Danish Balooch
(CA, CS)
(24 Points)
Replied 05 April 2012
@ Ankur Garg.. Please sir, attach the format to make an application to the ICAI to seek transfer.
CA ROSHAN
(Partner)
(93 Points)
Replied 05 April 2012
u r in d first year so u can take Transfer without getting prior approval of ICAI.
CA ROSHAN
(Partner)
(93 Points)
Replied 05 April 2012
You can obtain transfer without explaining any reason to ICAI. Just get ur form 109 signed by ur Principal.
SANIKA CHAWAK
(ARTICLED ASSISTANT)
(71 Points)
Replied 05 April 2012
@ CA ROSHAN...r u sure sir...bcoz according to the procedure that MR.Ankur Gar has written...it says ever1 has to write an application for prior approval....thats y im CONFUSED....!!!!
D.M.Omkar
(ca final)
(110 Points)
Replied 05 April 2012
Hi sanika.. i already done with the procedure of transfer.. contact me at muniomkar @ gmail.com .. i will help u in this regard.
SANIKA CHAWAK
(ARTICLED ASSISTANT)
(71 Points)
Replied 05 April 2012
@ omkar...y dont u tel me here...its really urgent....
CS,CA F,Numrologi TusharSampat
(CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert)
(85930 Points)
Replied 05 April 2012
AGREED with reply of ankur garg and pratek.No prior permission required for transfer in case if you are in first year of articlship.
CA Srikanth Yadav
(Chartered Accountant)
(3162 Points)
Replied 05 April 2012
| Originally posted by : SANIKA CHAWAK | ||
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wish to change because my current firm has only vat audit n that 2 nt on very large scale...so can i write this reason in my application to the institute..i mean will they consider it as a valid reason..?? n giv me permission..?? |
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Prior permission of the Institute is not required for transferring your Articleship during the first year. But your principle has to give his consent in this regard. If he don't want to allow you to transfer, you cannot do anything. But if he agrees, then you can immediately fill Form 109 and send it to the Institute and start searching in other firms (don't wait till you get a confirmation letter from the Institute regarding your transfer).
Source: I also got the same doubt as to whether prior permission of the Institute is required or not for transferring Articleship during the first year, so I put this query @ www.icai.org/help. Then Institute replied that it is not required during the first year of the Articleship.
CAclubindia
