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Ca articleship termination after 1 year

archana modala (student) (38 Points)

28 June 2018

Hello

I'm trying to take termination of my articleship which i have already completed my one year service, the reason i want to take termination is for gaining better work knowledge in medium/big firm than the present firm which is somewhat small.

I need to know that can i make an application to the institute for termination regarding the above reason or not?

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14 Replies

Jeeva Thangavelu (Student CA Final ) (609 Points)
Replied 28 June 2018

No the above reason is not considered under the Termination/Transfer rules of ICAI regulations. Only the following are permitted:

Transfer/Termination of Articleship
[Regulation 56(1)]

In accordance with the decision of the Council, the transfer/termination of articleship in terms of Regulation 56(1) of the Chartered Accountants Regulations, 1988 shall be permissible to an articled assistant on satisfying any one or more of the conditions as stated below: -

Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a Medical Certificate issued by a Government Hospital).
Transfer of a working parent to another city involving a distance of minimum 50 kms (on production of a certified copy of the transfer order and the proof of relocation to another City).
Misconduct involving moral turpitude.
Other justifiable circumstances / reasons: -
- Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of articleship): -
  - Industrial Training (Regulation 51)
  - Secondment of articles (Regulation 54)
  - Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)
  - Death of Principal [Regulation 57(1)(c)]
  - Ceasing of practice by the Principal [Regulation 57(1)(a)]
  - Removal of name of the Principal from the Register of Member due to any reason [Regulation 57(1)(b)]
- Marriage basis (only if there is relocation to another city involving distance of 50 kms).
- 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.

The articled assistants are required, in the first instance, 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 with recommendations 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.

CA Naveen Chand (Chartered Accountant) (12729 Points)
Replied 28 June 2018

NOT POSSIBLE AFTER COMPLETION OF 1 YEAR

archana modala (student) (38 Points)
Replied 28 June 2018

Can't we request icai for termination through mutual consent??

Rahul Prajapati (Student) (2282 Points)
Replied 29 June 2018

Except Above Comment by Jeeva G,

You can't take Transfer. Better to Go for Industrial Training in the third year for gaining extra

1 Like

venkat (CA ) (1518 Points)
Replied 29 June 2018

Better be in the same firm

venkat (CA ) (1518 Points)
Replied 29 June 2018

Or else go for articles in another city

Dileep (Ca student ) (222 Points)
Replied 29 June 2018

When I was doing my articles I took a break of 4.5 months went to USA for a holiday took a medical certificate from a known doctor in a government hospital and joined new firm this may work if u don't mind a break in articles and ca final attempt getting postponed

Dileep (Ca student ) (222 Points)
Replied 29 June 2018

I gave 500 to doctor for the certificate

Rahul Prajapati (Student) (2282 Points)
Replied 30 June 2018

Refer Link https://www.icai.org/new_post.H T M L?post_id=4639

Cases Where Transfer can be taken after 1st Year of Articleship.

And If you want to take transfer on medical grounds then you will be allowed only on production of a Medical Certificate issued by a Government Hospital.