Transfer of articleship

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Krunal Patel (Querist)

03 July 2010 I am article of the proprietor firm and my principal is out of country from last 2 years and there is no senior of my firm who can guide me or get knowledge from any person of my firm. The firm is handling by my principal's brother who has his own business in the same office.
Whether i can go for transfer on the above basis? How? Tell me the procedure for transfer that will not affect me adversly.

CA CS CIMA Prakash Somani

CA CS CIMA Prakash Somani (Expert)

03 July 2010 It seems to be avery valid reason. I think you should try to get transfer on this basis though you will not be able to get the principles signatres. better you write to icai

Ankur Garg

Ankur Garg (Expert)

05 July 2010 Following are the grounds other than transfer to other city involving minimum 50km for transfer of articleship. So, if you satisfy one or more of the below mentioned conditions, then you can take transfer..

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) Misconduct involving moral turpitude.

3) Other justifiable circumstances / reasons: -

a) Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of articleship): -

i) Industrial Training (Regulation 51)

ii) Secondment of articles (Regulation 54)

iii) Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)

iv) Death of Principal [Regulation 57(1)(c)]

v) Ceasing of practice by the Principal [Regulation 57(1)(a)]

vi) Removal of name of the Principal from the Register of Member due to any reason [Regulation 57(1)(b)]

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

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

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

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