01 August 2024
When you take more than the allowed number of leaves during your articleship period and apply for a transfer using Form 107, several factors come into play:
### **1. **Understanding Form 107**
**Form 107** is used to apply for a transfer of articleship from one CA firm to another or to change the principal. It is typically used when you wish to transfer your articleship before the completion of the term.
### **2. **Leave Policy for Articleship**
- **Leave Entitlement:** According to ICAI regulations, you are entitled to a specific number of leaves during your articleship period. Generally, you are allowed up to 180 days of leave in the total articleship period.
- **Exceeding Leave Limit:** If you have taken more than the allowed number of leaves (e.g., 300 days), it may affect your articleship completion and transfer application.
### **3. **Implications of Excess Leave**
- **Approval for Transfer:** Excessive leave might impact the approval of your transfer application (Form 107). The ICAI may review your leave record to ensure compliance with the leave policy.
- **Impact on Articleship Period:** If you have taken more leave than allowed, you may need to extend your articleship period to compensate for the excess leave. This is something to clarify with your current principal and the ICAI.
### **4. **Procedure for Handling Excess Leave**
1. **Check with ICAI:** Contact the ICAI to clarify the implications of having taken more leave than allowed. They can provide specific guidance on how this affects your transfer application and any steps you need to take.
2. **Discuss with Your Principal:** Inform your current principal about the excess leave and discuss how it might impact your transfer process. Your principal may need to provide additional documentation or explanation.
3. **Submit Supporting Documents:** When applying for a transfer with Form 107, ensure you include all necessary documents and explanations regarding your leave record. This can help in addressing any concerns the ICAI might have.
4. **Extension of Articleship:** Be prepared for the possibility that you may need to extend your articleship period if your leave exceeds the allowed limit. The ICAI will provide guidance on how to handle this situation.
### **5. **Conclusion**
If you have taken 300 days of leave and are applying for a transfer using Form 107, you should:
- Confirm the leave policy with ICAI and understand the impact on your transfer application. - Discuss the situation with your current principal. - Ensure that you provide complete and accurate information with your transfer application.
Handling excess leave properly is crucial to ensure a smooth transition and to comply with ICAI regulations.