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Article Transfer

CA Manvesh pareek (Partner) (40 Points)

26 October 2007

Respected Sir,

I want to taketransfer from my Firm But my CA don't giving transfer to me

what can I do as A professional Article. I had missed Three Good opportunities but at this time

i want to leave my city but not getting transfer .What can I do.

Please Reply

Manvesh pareek

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13 Replies

CA. Dashrath Maheshwari (TaXpert) (15090 Points)
Replied 26 October 2007

what opportunities u r talking abt

(Guest)

India has become independent but a CA student wanting a transfer has not. As per the existing rulea and provisions, the transfer is possible only by 3 ways- 1. By mutual consent 2. By the death of the principal 3. By article asst opting for industrial training (not applicable for 1st, 2nd yr articles) But, there is no remedy prescribed for a situation, wherin a student who is undergoing practical training with a member/firm doesn't wish to continue there and the principal is refusing to transfer. So, my friend, if your CA is not giving you the signature on form 109, then the course of action which you can take is nowhere mentioned in the Act or any other set of rules. There is no mention of the course of action you can take. Nor can you register elsewhere as you cannot have 2 registrations at a time. I went through the same problem. When i had approached the ICAI, they behaved like dogs and b*tches. They have no rememdy for such a situtation and there is no course of action prescribed. The Fact- no remedy has been prescribed for a situation wherin the student is not interested in working with the principal and the principal has refused to sign form 109. The implication of this fact is, the student has to work with that principal even if he is not interested, or even if he is gettin a better opportunity elsewhere..... I believe this a challenege to our democractic rights and the ICAI's rules and act is indirectly challenging the democracy of the students as the citizens of this country. If you all can come togethar and are willing to do something about it, then I think something can be done about it.

Saurabh Pitti (Servise ) (45 Points)
Replied 26 October 2007

it is comman problem. i think there is no soulation. article doing work without his will.

(Guest)

There is one option , if you are getting same type of training you should request your principle to give opportunities at your desired firm by way of secondment procedure. Provided you cann't spent more than a year on this basis & also you have to change place of secondment principle within 6 month. THANKS & BE COOPERATIVE TO HIM UNTIL HE APPROVE YOU FOR THE SAME.

(Guest)

you should told your C.A. that i want to leave Mumbai because the environment of Mumbai is not suit me

CHITRA (Article Assitant) (156 Points)
Replied 29 October 2007

u can explain the reason for transfer & plz don't tell him that u r getting better oppurtunities at other place.other wise may be he will not listen to your problem. Hope so u will soon get solution of u r problem.

Krunal Raichura (Financial Advisory) (2134 Points)
Replied 29 October 2007

I agree to the guest's thoughts, and if they are true, then it is definitely not a good thing. Look straight into the eyes of your principal and tell him the truth. Tell him straight that you are gettin a better opportunity elsewhere and you want to grab it. No need of speaking lies, because you have not done anything wrong, and by signing the transfer form nobody is doing any favours for you...It is their professioal responsibility, just like we have to be responsible to them and while doing so it is not a favor to anyone, it applies for them also.

Gautham (Chartered Accountant & SAP consultant CIN ) (132 Points)
Replied 29 October 2007

It is time to convince your Principal that you are going out of the city on Transfer.If this cannot be taken on priority then should take your parents and insist.The articleship is neither an office nor a school.If school then parents are called or office means only notice period is asked. I changed my articleship 3 times from Big four to individual.My partner asked my father to meet him at the time of exit rather than at the time of entry. That is the irony

pavan k udasi (partner) (33 Points)
Replied 31 October 2007

even i faced the same problem my principal did the same but i fought & Finally go ttransfer

kiran (student) (33 Points)
Replied 02 November 2007

i also have a same problem but situation is different in my case my CA is not giving me transfer because of i have an affair with some one and she don't have any connection to my work place. so in that case what shall i have to do
please suggest me
my email-id
kiranclassic @ gmail.com

(Guest)

explain it furthur.

CA Yash Marda (Chartered Accountant) (214 Points)
Replied 29 August 2011

i think the rule is modified now

Sujay Ghorpade (CA Student) (29 Points)
Replied 29 August 2011

What's the rule now? Recently I registered for articleship with a leading CA firm and now I have an offer of articleship with a big4. How do I go about obtaining the transfer? Is the permission of the current employer necessary through Form 109?