24 June 2016
I am a CA based in Melbourne, Australia, and my brother is a CA Student currently registered under IPCC. While he was on his preparatory leaves for his May'16 examinations, the partnership firm under which he was completing articleship dissolved due to dispute between partners.
As a result he was required to seek termination from one of the partners and join the other partner in whose firm he continued to work. After submitting the termination form 109, the institute rejected the form on the grounds of over-writing and required him to submit fresh form.
Now the CA with whom he is currently registered has refused to sign a fresh forms, on grounds of dispute with his other partner stating that since my brother continues to work under him, its not his problem anymore.
As a result, due to the dispute, my brother's articleship has come under jeopardy even though he is a fully dedicated student and attends office diligently. On contacting the NRO branch's article's termination helpline, the Institute has refused to intervene.
While our only option left is for the CA under whom we are seeking registration to intervene and resolve the matter, please suggest what we can do, if he is not supportive either.
Any expert advice on this will be highly appreciated.
25 June 2016
Thank you Mr. Hari Kishan. I'll consider your advice.
Mr. Amol, we didnt receive any communication for termination from institute and turn around time is 30 days. We called up the Institute and they told us that form is not processed due to overwriting.
26 June 2016
In the query, you have written....."After submitting the termination form 109, the institute rejected the form on the grounds of over-writing and required him to submit fresh form".......
The primary responsibility of submission of forms is that of Principal. Let the communication to that effect be received by the Principal, in writing, from ICAI. Please do NOT take any action on the basis of VERBAL/ORAL communication.
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