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Articleship transfer in 2nd year

Deepak Jain (Article Trainee) (80 Points)

10 March 2013  

Hell guyzz,,,,

I am a C.A final student and i m doing articleship.Its my second year of articleship.Now i want to change firm or articleship transfer. Can i take the same.?

And i already take 1 transfer in first year of my articleship from jodhpur to mumbai.

Now also i want to do articleship in mumbai.

Help me .

Thank You

Deepak Jain


 46 Replies

Ajay Mishra (Company Secretary) (74302 Points)
Replied 10 March 2013

Hi

 

Yes, you can take transfer in article ship, for this you will take prior approval from Institute, thereafter you will file Form-109.

Ajay Mishra (Company Secretary) (74302 Points)
Replied 10 March 2013

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.

1 Like

Ganeshbabu K (Audit and Tax Advisory) (48504 Points)
Replied 10 March 2013

of course ypu can take any number of articles,,

but,

there is some conditions to take transfer in 2nd year of articleship,

Before getting 109 signed by principal for transfer one should take ICAI permission,.other wise transfer of articleship is not permitted.

once you get the permission from ICAI you can submit a 109 and can take a transfer.

''ICAI will accept only if you have a valid reason for transfer as what Ajay mishra sir said above"

2 Like

Deepak Jain (Article Trainee) (80 Points)
Replied 11 March 2013

Originally posted by : Ganeshbabu AJAY MISHRA SIR

of course ypu can take any number of articles,,

but,

there is some conditions to take transfer in 2nd year of articleship,

Before getting 109 signed by principal for transfer one should take ICAI permission,.other wise transfer of articleship is not permitted.

once you get the permission from ICAI you can submit a 109 and can take a transfer.

''ICAI will accept only if you have a valid reason for transfer as what Ajay mishra sir said above"

Thank sir,

but the reason notified by the institute are in favour of employer'S ONLY.....

"IS THERE IS ANY PROVISION OF ARTICLESHIP TRANSFER IN CASE OF DISPUTE BETWEEN ARTICLE AND PRINCIPAL...???"

1.As my parents lives in rajasthan ,and i want to do articleship in mumbai so no "PARENTS TRANSFER REASON ACCEPTABLE"

2."MEDICAL CERTIFICATE".........................???

 

Ganeshbabu K (Audit and Tax Advisory) (48504 Points)
Replied 11 March 2013

1)INSTITUTE WILL NOT ENTER IN A SITUATION OF DISPUTE BETWEEN EMPLOYER AND STUDENT.THEY SHOULD RESOLVE THEIR PROBLEMS BY MUTUAL UNDERSTANDING

2)YOU CANNOT TAKE TRANSFER FROM MEDICAL GROUNDS,I GUESS IT WILL STOPS U FROM 3 MONTHS ARTICLES.(DONT TRY TO GIVE A BREAK UNLESS REQUIRED)

 

I GUESS AND BEST OF MY KNOWLEDGE,

ONLY BEST OPTION LEFT TO YOU SECONDMENT OF ARTICLES,..OBVIOUSLY YOU REQUIRE YOUR PRINCIPAL PERMISSION  AND ICAI PERMISSION TO THIS ALSO,

 

Deepak Jain (Article Trainee) (80 Points)
Replied 11 March 2013

Originally posted by : Ganeshbabu

 
I GUESS AND BEST OF MY KNOWLEDGE,

ONLY BEST OPTION LEFT TO YOU SECONDMENT OF ARTICLES,..OBVIOUSLY YOU REQUIRE YOUR PRINCIPAL PERMISSION  AND ICAI PERMISSION TO THIS ALSO,

 

Thank you sir,

"What is the Period of secondment of articles....?"

Shelza MALHOTRA (STUDENT) (21 Points)
Replied 31 October 2013

hiie

in case of marriage ..what is the procedure to take transfer from one city to another...want to transfer from ldh to delhi...is there marriage certificate is required.what are the other formalities to b completed...and time limit to complete dat???is there requied to write letter on plain papper to send to icai institute........

 

Ajay Mishra (Company Secretary) (74302 Points)
Replied 31 October 2013

@ Shelza

 

You File Form-109 signed by your principal and give reason for transfer on the basis of marriage. You can give marriage card if it shows the place where you want to take transfer.  If place is not mentioned then you will give marriage certificate in which your husband address details should be mentioned.

 

 

chandrakala (articleship) (21 Points)
Replied 15 September 2014

hii  in case of Medical grounds i want termination i had health problem aviod travel and all my office out side audits is theire so i want to join another firm in same city...what is the procedure to take transfer from one city to same city...?.  any letter is required.what are the other formalities to b completed...and time limit to complete dat???is there requied to write letter on plain papper to send to icai institute........  

Vikash (Article Assistant) (38 Points)
Replied 16 September 2014

Hello,

My principal has reitred and am in the second year of articleship. Planning to continue in the same firm under another principal. Is form 109 required? Also, is there any time prescribed before which the form has to be filed?

 

Neha (student) (41 Points)
Replied 16 October 2014

Due to shift of business of my family i need to take transfer ... This is my second year of articleship... My query is will rent agreement be enough as a proof for tansfer.. or i need to give some other proof as well?? If yes, than what??
2 Like

TIRTHAP KOTECHA (Student CA Final ) (21 Points)
Replied 16 December 2014

sir can i get Medical Certificate formet from your side? so that, it will help me to get transfer.

Manzil J Shah (Student CA Final ) (21 Points)
Replied 29 December 2014

Hi... My 1 friend is in 1st yr of articleship his principal not giving him transfer, Where he can complain about this matter & to whom he have to address...

Thank you very much for reply & urgent

Yash (Article) (22 Points)
Replied 12 January 2015

Dear Sir,

My principal voluntarily wants me to take transfer from the firm. what shall be d further procedure?

is 50 kms criteria applicable, if the principal is givng voluntary transfer?

 


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