Articleship transfer

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Prudhvi Raj (Querist)
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20 November 2012 i joined in articleship in september 2012,
ididnt like the firm because it doesnot had any work,
just 1or 2 stock audits per week,
so, iwant to take transfer of my articleship,
can i take transfer before 1st 6months of my articleship or i have to wait to untill i compleat my first 6months of my articleship.?
shall i have to take permison from my auditor to take transfer??

Ajay Mishra

Ajay Mishra (Expert)
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20 November 2012 Hi

You are free to take transfer.

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, 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.

Prudhvi Raj

Prudhvi Raj (Querist)
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20 November 2012 what i have to do now..?
shall i have to take permision from ICAI even though iam in 1st year of my articleship..??
Or can i send the form109 signed by the principle without taking any permision from ICAI..??
IF my principle doesnot agree to allow me to transfer,
then was there any posibility to take transfer without principle consent in the 1st yr of my articleship..??
please help me,
iam facing lots of problems by disatisfaction with the work in my articleship...

Ajay Mishra

Ajay Mishra (Expert)
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20 November 2012 Hi

You only file Form-109 signed and counter signed by principal with Institute.

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Prudhvi Raj

Prudhvi Raj (Querist)
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20 November 2012 hi sir,,
what does it mean..?
ihave to make my auditor to sign my form109 amd send the form to ICAI or ICAI will make my auditor to sign the form if he wont agree to sign for me?

Ajay Mishra

Ajay Mishra (Expert)
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20 November 2012 Hi

No you and principal signed the form-109 and send the same by you. Institute only take in to account and make entry in its record.

Prudhvi Raj

Prudhvi Raj (Querist)
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20 November 2012 ohk..
Thanq Sir..
Can i take the transfer now itself (i.e; less than 6months of articleship) or ihave to wait till the completion of 1st 6months of my articleship..?

Ajay Mishra

Ajay Mishra (Expert)
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20 November 2012 No need to wait, you are free to take trasfer within a period of one year of articleship.

If you tink, you can wait for six months. No issue.

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Prudhvi Raj

Prudhvi Raj (Querist)
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20 November 2012 ThankYou so much Sir...

Ajay Mishra

Ajay Mishra (Expert)
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20 November 2012 RE-REGISTRATION OF ARTICLES ………..REGULATION 46 (6), 57 & 58)
On termination of articles prior to completion of 3 years, a student is required to re-register himself with another Principal for the remaining period of the practical training.
Requirements:
1. In the event of re-registration, the student is required to submit the re-registration papers i.e. Form 103 so as to reach to the Institute's office within 30 days from the date of commencement of articled training.
2. A service certificate in Form No. 109 alongwith training report as specified in the Training Guide.
3. The deed of articles is required to be executed in Form No. 102 on a non-judicial stamp paper of the value applicable in the City / State where the employer is practising. The original deed has to be retained by the Principal and a copy with the student.
4. Where the Student / Principal is not able to submit the papers within 30 days and requires that the delay in submission of the papers may be condoned by the Council, they are required to submit the following document alongwith levy fees as fixed by the Council:

i. Original Deed of articles duly executed on a non-judicial stamp paper.
ii. Work diary from the period of date of commencement to the date of submission of papers.
iii. Attendance Record for the aforesaid period.
iv. Stipend details in the form of Bank Pass-Book or Bank Statement.
No registration fee is payable on re-registration except the payment of 2 nd installment of tuition fee if becomes due and payable.
In case the articled clerk has availed of any leave in excess of his entitlement, he should serve such excess leave period after completion of three years of articleship either under the same Principal as supplementary articles or under another Principal.

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