Termination of articles after 1 year

This query is : Resolved 

19 September 2013 Sir, i had sent a request letter to icai about my articles termination after 1 year.to check my request status i called e sahayata icai team, they said, only a request on a plain paper attested by ur principal is not sufficient, u have to send form 109 and permission from ur principal and proof regarding transfer,now what shall i do?

19 September 2013 Give the reason what u asked them for transfer?

19 September 2013 Read Article ship transfer Regulation:


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.

23 September 2013 i said in letter that my parents are transferred from hyderabad to vizag because of their business purpose for this reason am unable to attach any transfer order

23 September 2013 So you can attached any documentary prof which can proof that your parent has shifted.

23 September 2013 i had sent a request letter to icai about my tranfer of articles after 1 year with my principal concent,but i didnt attached any proof i just said in that,my parents are transferring because of their business purpose,stii i didnt get reply from institute.please tell how i proceed in my issue

23 September 2013 when wiil i have to attach proof ? whether after icai replies or now? is rental agreement enough for satisfying institute?

23 September 2013 Yes, you send the said agreement as soon as possible.

23 September 2013 is there any need to send again request letter with principal concent or not??

23 September 2013 You will reply the letter of Institute. The attachment like rent agreement will be counter signed by your principal then it will be submit with Institute.

23 September 2013 that means when icai replies,then after i have to send proofs with my prinipal concent?????

23 September 2013 As replied on E sahetya y Institute:

You will submit Form-109 along with rent agreement with covering letter on plain paper.All document should be counter signed by your principal.

23 September 2013 termination after 1 year need to fill form 109 or form 112?

23 September 2013 okay i will send form 109 and rental agreement with principal consent...
thanks alot...

23 September 2013 My Pleasure......


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