Transfer in 2nd year articleship

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Querist : Anonymous

Querist : Anonymous (Querist)

09 November 2013 Can anyone please tell me if an article wants transfer in 2nd year, does he have to submit proof of the reason of transfer to ICAI for obtaining permission???

Nikhil Kaushik

Nikhil Kaushik (Expert)
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10 November 2013 Yes. submission of proof is required:

Refer:

TRANSFER/TERMINATION OF ARTICLESHIP [REGULATION 56(1)]

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 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 any other city.

3. Misconduct involving moral turpitude.

4. Other justifiable circumstances/reasons.

iii. 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)]

iv. Marriage basis (only if there is relocation to another city involving distance of 50 kms).

v. Irregular payment or non payment of stipend with reference to Regulation 67.

vi. Articled assistant desires to serve balance period of training outside India.

vii. Shifting by the Principal to another city involving distance more than 50 kms.

The articles assistants are required to get the consent of the Institute before getting Form 109 signed by the Principal.

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 is required to be made. Request for transfer not accompanied by consent of Principal shall not be accepted by the Institute.

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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