Deed of articles has been executed after commencement of art

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Querist : Anonymous

Querist : Anonymous (Querist)

09 August 2016 Respected sir,
I have mentioned date on which deed of articleship deed has been executed as 07/07/2016. Commencement of articleship as 23/06/2016. The form has beem sent within time will icai reject my form

Querist : Anonymous

Querist : Anonymous (Querist)

09 August 2016 Please reply as soon as possible. It's very urgent

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)

20 July 2024 If the Articleship Deed was executed after the commencement of Articleship, there are specific rules and guidelines by the Institute of Chartered Accountants of India (ICAI) regarding the validity and acceptance of such deeds. Here’s how the situation generally unfolds:

1. **Execution Date vs. Commencement Date:**
- The commencement date of Articleship is crucial because it marks the official start of the practical training period under a practicing Chartered Accountant.
- The Articleship Deed should ideally be executed on or before the commencement date to comply with ICAI regulations.

2. **Validity of Execution After Commencement:**
- If the Articleship Deed is executed after the commencement date but within a reasonable period, it may still be acceptable. However, this typically depends on the discretion of the ICAI and adherence to their specific guidelines.
- ICAI may consider factors such as the delay period between commencement and execution, reasons for the delay, and whether the delay was justified.

3. **Submission of Form:**
- If you have submitted the form with the execution date of the Articleship Deed mentioned as 07/07/2016 and the commencement date clearly as 23/06/2016, the form might be accepted if it falls within the permissible tolerance for such discrepancies.
- However, ICAI could reject the form if they find that the Articleship Deed was executed unacceptably late after the commencement date, as per their regulations.

4. **ICAI’s Decision:**
- Ultimately, ICAI’s decision will depend on their interpretation of the rules and the specifics of your case. They have the authority to either accept the form with explanations or reject it if they find the execution date significantly deviates from their guidelines.

5. **Course of Action:**
- If your form is rejected or if there are concerns raised by ICAI, you may need to provide clarifications, additional documents, or appeal their decision depending on the nature of their response.

Given the critical nature of Articleship and its compliance with ICAI regulations, it is advisable to contact the local branch office of ICAI or seek guidance from a qualified mentor or Chartered Accountant who can assist in addressing any potential issues promptly and effectively. They can provide tailored advice based on their experience and knowledge of ICAI’s policies.

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