Bhargav teja (CA-FINAL Student & Article Trainee) (153 Points)
13 December 2012Hii
I want to terminate my Articles and join in another one.
I had registered with the Institute my articles from Oct'12.
Please tell me the exact requirements to be fulfilled.
Its Urgent
Thanks in advance.
Ashish Ranjan
(Chartered Accountant in Practice)
(188 Points)
Replied 13 December 2012
Follow the link
https://www.icai.org/new_post.html?post_id=7267&c_id=219
&
Rules for Transfer/Termination
• Transfer/termination of articles is permitted without any restriction during the first year of articles.
• During rest of the Articleship Transfer/Termination of articleship of an articled assistant shall not be allowed except in following cases –
- His/her working parent(s) is/are transferred from the city/place where the articled assistant is receiving training to another city and a copy of transfer order/proof is submitted to the principal in proof thereof. On such termination the articled assistant concerned shall join articles training in and around the place of posting of his/her parent(s) and shall not re-register articles in the same city or within 50 Kms radius of the city where he/she has undergone articles prior to such termination.
- If the articled assistant is not able to serve the articleship for specified genuine medical reasons thereby opting to discontinue the CA course for a period of at least three months, the termination of articles be permitted, provided that the medical grounds are such that warrant termination of Articleship.
- In the event of misconduct involving moral turpitude, gross negligence or unsatisfactory performance of the articled assistant, his articles shall be liable to be terminated by his principal besides being cancelled or extended for such period as may be decided by the Institute. Board of Studies to decide and enumerate the acts constituting misconduct.
- Termination/ transfer of articles be permitted on such other justified circumstances as may be deemed genuine by the Council such as Industrial Training, Secondment of articles, Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC), Marriage basis (only if there is relocation to another city involving distance of 50 kms), Death of Principal, Ceasing of practice by Principal, Removal of name of principal from the register of members due to any reason, Irregular payment or non payment of stipend with reference to Regulation 67, Articled assistant desires to serve balance period of training outside India, Shifting by the principal to another city involving distance more than 50 Kms. Any other valid reason to be considered and decided by the President on case to case basis on merits having regard to the facts of the case.
While forwarding the Form No. 109 the principal shall state specifically the clause under which the articles have been terminated.
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 is required to be made. Request for transfer not accompanied by consent of Principal shall not be accepted by the Institute.
Bhargav teja
(CA-FINAL Student & Article Trainee)
(153 Points)
Replied 14 December 2012
Thank you for your information. It is very much useful to me.
But can you please tell me the exact requirements to be forwarded to the institute for termination within one year of Articleship.
CA Gayathri Sankaran
(CA)
(62 Points)
Replied 14 December 2012
just download form 109 and start filling it, u ll automatically get an idea of what are the exact requirements
CA Gayathri Sankaran
(CA)
(62 Points)
Replied 14 December 2012
as you are still in the first year of articles, there is nothing much required other than your principle's signature on form 109
Bhargav teja
(CA-FINAL Student & Article Trainee)
(153 Points)
Replied 14 December 2012
Thank you for your Information.
But what i heard from my friends is dat we have to join in another firm with in One month from the date of Termination otherwise we will lose one attempt for Final.
Is it Correct??????
CA Gayathri Sankaran
(CA)
(62 Points)
Replied 15 December 2012
its not that way. You can take up final exam only during your last six months of articls. Suppose you tak a break after termination and your articleship completion gets delayed and if your present attempt does not fall in the last six months of articls, then your attempt will get delayed.
Presently you are eligible for May 2015 attempt, meaning by April 2015 you should have completed 2 and half year of articles. So take your date of commencement of articles into consideration and accordingly join in the next firm.
best would be to take transfer after you get placed in another firm.
Ashish Ranjan
(Chartered Accountant in Practice)
(188 Points)
Replied 15 December 2012
I agree with Gayathri Sankaran. You should play safe and first find another firm which is ready to allow you in. After that you can terminate your current articleship.
Bhargav teja
(CA-FINAL Student & Article Trainee)
(153 Points)
Replied 17 December 2012
Thank you both for your valuable suggestions.
CAclubindia
