Transfer of articleship

This query is : Resolved

Tejasvi gupta (Querist)
Follow

05 October 2012 Dear all,

I have joined my firm on 1st October 2011 and now i am taking transfer. so which date is to be shown on the form 109 so as to take it within a year? If i show 29th September 2012 , then it will be considered as transfer within year?
Please Reply. Its Urgent.

Ajay Mishra

Ajay Mishra (Expert)
Follow

05 October 2012 Hi

I will suggest you to give any date between 15.09.2012 to 29.09.2012 for taking transfer in Form 109.

Generally you not take accurate or near to complete 1 year. You have sufficient time to give Institute any reason, if it ask. so i will suggest to give date near about 20.09.2012 and file the same with Institute.

Message likes : 1 times

Tejasvi gupta

Tejasvi gupta (Querist)
Follow

05 October 2012 Sir
If i write 28th september 2012, then it will be ok? and whether i have to give any reason to the institute as such i am taking transfer within one year?

Ajay Mishra

Ajay Mishra (Expert)
Follow

05 October 2012 Hi

Yes, you can, but i will suggest you to have 10 days gap before completing of one year.

Tejasvi gupta

Tejasvi gupta (Querist)
Follow

05 October 2012 Sir
First of all Thank you for the above information.sir, actually i am leaving this firm but i dont know where will i join. Also if i didnt join within 30 days of transfer my attempt will shift to nov 2014 instead of May 2014. what will i do now sir.? please help me out. If i take transfer 10 days before completion of one year then at today it is 15 days now and i will be left only 14 days more to join. this is the biggest problem with me. please sir, help me out.

Ajay Mishra

Ajay Mishra (Expert)
Follow

05 October 2012 Ok, You wanted to appear in May 2014 attempt, so you don't want to west your time. It ok, you can put date as you think in Form No 109.

Message likes : 1 times

Tejasvi gupta

Tejasvi gupta (Querist)
Follow

05 October 2012 Sir,
thank you very much.
But will ICAI create any problem on mentioning that date, as per your opinion ? i have taken transfer with the reason of my father health problem. please sir, for the last time please reply. i am very frightened. please help.

Ajay Mishra

Ajay Mishra (Expert)
Follow

05 October 2012 Hi

During the first year of articleship, no restriction on taking transfer you can freely take transfer and file Form-109 with Institute but after one year of article ship for taking transfer you should mentioned the reason for taking transfer mentioned in Regulation 56of CA Regulation, 1988.

And for your father, he will recover his health soon. God is great.

Ajay Mishra

Ajay Mishra (Expert)
Follow

05 October 2012 Hi

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.

Tejasvi gupta

Tejasvi gupta (Querist)
Follow

05 October 2012 Thank you so much sir.

Ajay Mishra

Ajay Mishra (Expert)
Follow

05 October 2012 All the best for your future carrier......

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

Join the CA Students WhatsApp Community for ICAI Updates, Trending Courses & Notes!

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

Pavithra Doss

vinal

CA. Urmila Mahalwal

zafar chandwale

Suranjan Das

Subscribe Now

Transfer of articleship

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

Senior Executive

Manager- Finance and Compliance

GST CONSULTANT

GST CONSULTANCY

Accountant

CA Final

Article Assistant

Associate CA