Transfer of articleship
This query is : Resolved
21 February 2012
Is it possible to transfer our articleship in 1st yr ? and what are the rules and regulations for transfer ?
22 February 2012
Hi
Under the scheme of secondment an articled assistant is shifted to another member who is eligible to train articled assistant or who is eligible to train assistant under the scheme of industrial training. However, a member is not entitled to train more than two such articled assistants under secondment basis.
Under the scheme of secondment, the period of training shall not exceed six months under a member other than the original MIT / Principal and in aggregate total period of training under secondment shall not
exceed 1 year. During the period of secondment the member with whom the articled assistant is seconded shall pay the stipend.
If the secondment is made under industrial training, the periods served on secondment should not exceed 1 year.
Under the scheme of secondment an articled assistant is shifted to another member who is eligible to train articled assistant or who is eligible to train assistant under the scheme of industrial training. However, a member is not entitled to train more than two such articled assistants under secondment basis.
Under the scheme of secondment, the period of training shall not exceed six months under a member other than the original MIT / Principal and in aggregate total period of training under secondment shall not
exceed 1 year. During the period of secondment the member with whom the articled assistant is seconded shall pay the stipend.
If the secondment is made under industrial training, the periods served on secondment should not exceed 1 year.
22 February 2012
Hi
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 amicablyamong the articled assistant and the principal concerned and the Institute shall notinterfere in such cases.
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 amicablyamong the articled assistant and the principal concerned and the Institute shall notinterfere in such cases.
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22 February 2012
thank you sir.
but for termination i wanted to know one has to file form 109 first or should take approval from institute first?
as i have heard that after filling of form 109 institute asks reason for termination,if reason is satisfactory then only institue approves it.
but for termination i wanted to know one has to file form 109 first or should take approval from institute first?
as i have heard that after filling of form 109 institute asks reason for termination,if reason is satisfactory then only institue approves it.
22 February 2012
thank you sir.
but for termination i wanted to know one has to file form 109 first or should take approval from institute first?
as i have heard that after filling of form 109 institute asks reason for termination,if reason is satisfactory then only institute approves it.
but for termination i wanted to know one has to file form 109 first or should take approval from institute first?
as i have heard that after filling of form 109 institute asks reason for termination,if reason is satisfactory then only institute approves it.
22 February 2012
thank you sir.
but for termination i wanted to know one has to file form 109 first or should take approval from institute first?
as i have heard that after filling of form 109 institute asks reason for termination,if reason is satisfactory then only institute approves it.
but for termination i wanted to know one has to file form 109 first or should take approval from institute first?
as i have heard that after filling of form 109 institute asks reason for termination,if reason is satisfactory then only institute approves it.
22 February 2012
Hi
Before giving approval, yes institute will ask the reason for the same.
Hi
Before giving approval, yes institute will ask the reason for the same.
22 February 2012
and if i dont have any proper reason ans just due to some personal reasons i want to ake?
will institute allow this?
will institute allow this?
22 February 2012
Let see and contact to concern institute for the same..
22 February 2012
concern institue means?
my principal is ready to give me transfer but they say icai will not allow to do so without any proper reason.
my principal is ready to give me transfer but they say icai will not allow to do so without any proper reason.
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