Artcleship transfer

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

25 February 2013 sir,my principal is ready to give transfer to me (am taking transfer with in 1 yr of registration).
is it filling up of form 109 is only enough????
if i have to take consent of the institute before that can i take the consent online??
can i take the consent if it is not transfered????

Ajay Mishra

Ajay Mishra (Expert)
Follow

25 February 2013 Hi

I will suggest you to take prior approval from Institute before taking transfer. Institute will not approve your transfer, unless you will not take prior approval.

Querist : Anonymous

Querist : Anonymous (Querist)

25 February 2013 sir,actually i got offer in kpmg fr articleship ..the assistant manager in kpmg asked me the date of transfer in form 109 to release the offer letter.taking consent nd getting consent may delay the offer letter.can i send both offer letter and consent letter to the institute at the same time???

plz repl

Ajay Mishra

Ajay Mishra (Expert)
Follow

25 February 2013 Hi

No, you will first take prior approval from Institute, then you will transfer, otherwise you article ship transfer will be rejected.

Querist : Anonymous

Querist : Anonymous (Querist)

25 February 2013 sir,can i take the consent of the institute by online posting ???

Ajay Mishra

Ajay Mishra (Expert)
Follow

25 February 2013 Hi

You can visit to the Institute and take approval as soon as possible.

Querist : Anonymous

Querist : Anonymous (Querist)

25 February 2013 sir,as i heard with in one yr of articles registration consent is not required????
can i visit regional office and give the consent approval letter directly???

plz answer both questions.

Ajay Mishra

Ajay Mishra (Expert)
Follow

25 February 2013 Hi

Yes, you can take transfer without any reason but approval is mandatory.

Board of Studies Notification on Termination and Transfer of Articles came after some observation on the timing of Submission of Form. 109, which is being submitted before the formal approval of the Institute. On this Note Institute Released a Notice which says that Any Submission of Form 109 signed by the Principal before the Prior Approval of Institute regarding the Transfer and Termination is not taken into the Records.
So, Article Assistants who are willing to Transfer his Articleship or Termination should take a Prior approval from the Institute before submitting the Form 109 signed by the Principal.

Ajay Mishra

Ajay Mishra (Expert)
Follow

25 February 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 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.

Querist : Anonymous

Querist : Anonymous (Querist)

25 February 2013 ok thaks sir,fr dat approval where i hv to apply???when i will came to know my approval is accepted by the institute??

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now