Change of articleship firm

This query is : Resolved 

24 July 2013 Hello sir/mam,

Recently I posted a query fo change of articleship firm. I have completed 11 months of training under the present employer in small firm in parrys,chennai.
Now I want to change to another firm which is also in parrys. I want to know whether there is restriction from ICAI that one cannot shift to another firm in same locality or city otherwise. I want your advice as soon as possible as I don,t want to face any problem in future.

Awaiting your response

Regards

24 July 2013 as per above information you are still in first year of your articeship as ur in 12 month but 12 th month is still not completed.

therefore u should file form 109 after it is duly signed by your existing employer to icai.

once 12 months finishes then u need ot first take permission from icai and then if icai permits then only u can file form 109 for transfer.

24 July 2013 1)No restriction on transfer of articleship in first year of articleship

2)you can re-register in same city also

3)icai prior approval no required.

4)even i took transfer from bangalore firm and also re-registered in bangalore firm which is with in 50 kms..so no issues you can defientely take transfer

Thanks ®ards
Ganesh babu k

24 July 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.


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