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Article ship Transfer

jayesh nakrani (C.A FINAL) (33 Points)

03 December 2010  

 

I am pursuing my articleship in Pune since 4th Aug 2008.

My permanent place of residence is Goa and I have come to Pune for my Higher Education in 2007.

From the past few months there are various issues and personal problems in my family for which I am required to visit home from time to time and my parents wants me stay with them in Goa for the aforesaid reason. Being the eldest son of family, my marriage is also consideration and my parents are looking for a suitable girl for me.

On account of above reasons I am required to take leave and visit home frequently. This being creating a hurdle on effective execution of my articleship with my current principal. Moreover frequent leaves are also a problem for both me and my principal. I have discussed the issue with my principle and he is ready to terminate my articleship with him. 

But under the present Institutes regulations, it is not possible for me to take transfer as my case does not falls within the grounds specified by Institute.I had submitted a formal application along with consent letter from my employer but has been rejected by Institute. As a result I am facing dilemma on completing my C.A study. I will be obliged to you for any help or directions in the matter. 


 4 Replies

saurabh toshniwal (ca final) (2353 Points)
Replied 03 December 2010

you can continue ur articleship on secondment basis. please open the below link:

/share_files/rules-for-secondment-32931.asp

Ajay Mishra (Company Secretary) (74302 Points)
Replied 04 December 2010

Dear Jayesh.....


Important Rules for taking Transfers

  • No request for termination of articles is entertained from any articled assistant in general and more particularly during the first six months and also during the last twelve months of articles except as provided in the Regulations. In the event of termination, his articles shall not be registered in the same city.
  • No request of an articled assistant for termination (transfer) of articleship shall be considered unless his/her working parent(s) is/are transferred from the city/place where the articled assistant is receiving training to another city and a copy of transfer order/proof is submitted to the principal in proof thereof. On such termination the articled assistant concerned shall join articles training in and around the place of posting of his/her parent(s) and shall not re-register articles in the same city or within 50 Kms radius of the city where he/she has undergone articles prior to such termination.
  • If the articled assistant is not able to serve the articleship for specified genuine medical reasons thereby opting to discontinue the CA course for a period of at least three months, the termination of articles be permitted, provided that the medical grounds are such that warrant termination of Articleship.
  • In the event of misconduct involving moral turpitude, gross negligence or unsatisfactory performance of the articled assistant, his articles shall be liable to be terminated by his principal besides being cancelled or extended for such period as may be decided by the Institute. Board of Studies to decide and enumerate the acts constituting misconduct.
  • Termination/ transfer of articles be permitted on such other justified circumstances as may be deemed genuine by the Council such as Industrial Training, Secondment of articles, Conversion from PCC to IPCC, Marriage, Death of Principal, Ceasing of practice by Principal, Name of the principal is removed from the register of members, Irregular payment or non payment of stipend with reference to Regulation 67, Articled assistant desires to serve balance period of training outside India, Shifting by the principal to another city involving distance more than 50 Kms, Going back to home town after completion Graduation Course or PG course in a city, Any other valid reason to be considered and decided by the President on case to case basis on merits having regard to the facts of the case.

While forwarding the Form No. 109 the principal shall state specifically the clause under which the articles have been terminated.

VIVEK MALAVE (Chartered Accountant) (378 Points)
Replied 07 December 2010

hi...

what is the procedure for secondment from WRC to SRC

Pooja Malik (CA Final) (38 Points)
Replied 26 July 2012

what is secondment????


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