Termination of articleship

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2013 Hi Friends,
I am a CA Final Student. I am facing problems some problems with my principle, and I want to take termination from him.
But friends this would be my 2nd termination. I had already taken termination within 1 year, and now 2 years of articleship are completed. It is very difficult for me to continue here, otherwise my first attempt would be spoiled and I dont want to take such a risk.
Kindly Suggest me whether it is possible to take termination and join elsewhere for remaining 10 months.
Its urgent guys... Pls pls help me.....

Guest

Guest (Expert)

29 April 2013 you can go for Industrial training for last 9 to 12 months

Message likes : 1 times

Guest

Guest (Expert)

29 April 2013 are you IPCC or PCC student

Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2013 Sir I am IPCC Student

Ajay Mishra

Ajay Mishra (Expert)
Follow

29 April 2013 Hi

I your tuning is not match up with your principal, i will suggest you to take transfer, but in second year of transfer you will mentioned the reason of transfer.

You have also a good option for doing Industrial Training if you think fit.

For article ship transfer you should take prior approval from Institute.

Ajay Mishra

Ajay Mishra (Expert)
Follow

Ajay Mishra

Ajay Mishra (Expert)
Follow

29 April 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.

Ajay Mishra

Ajay Mishra (Expert)
Follow

Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2013 Sir,
If I mention the reason, then what kind proof I had to submit with ICAI. Is there any requirement for proof or only mentioning the reason is sufficient.

Ajay Mishra

Ajay Mishra (Expert)
Follow

29 April 2013 yes, proof is required if you are taking transfer after completing one year of article ship.

Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2013 Proof like what...?
Pls suggest something..

Online classes for CA CS CMA