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Dhiraj kumar (Employed) (427 Points)

01 October 2012

Have a Question in mind,If an articled assistant needs transfer(within 1st year) and his principal refuses to give him transfer then what to do?

Is there any other option or alternative?

Waiting for a prompt reply!!!!

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14 Replies

ANJALI NEGI (Chartered Accountant) (1263 Points)
Replied 01 October 2012

Try to give him a valid reason for the transfer or simply try to sought out with mutual understanding...

Ajay Mishra (Company Secretary) (74332 Points)
Replied 01 October 2012

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 groundsgiven in Regulation 56(1) of CA Regulation, 1988, 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.

CA Pooja Agarwal (Chartered Accountant) (3228 Points)
Replied 01 October 2012

principal's consent is not required for transfer within one year

1 Like

Ganeshbabu K (Audit and Tax Advisory) (48559 Points)
Replied 01 October 2012

consult icai regional offfice for this issue,if u have proper reason,they might have sove this issue

1 Like

ANJALI NEGI (Chartered Accountant) (1263 Points)
Replied 01 October 2012

During the first year of articleship one can take transfer without the approval of ICAI but the principal's consent is must because its only him who has to sign the form..

*RENU SINGH * (✩ §m!ℓ!ñġ €ม€§ fℓม!ñġ ђ♪gђ✩ ) (21627 Points)
Replied 01 October 2012

Originally posted by : Ajay Mishra
	Hi 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 groundsgiven in Regulation 56(1) of CA Regulation, 1988, 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.

Principal should be agreed ..... just convince him by anyhow.

(Guest)

I know an article who was mercilessly mistreated at work (as told by him) and finally the article recorded the conversation of his principal saying NO for the transfer and made it go viral. And finally got his transfer.

One should keep this as the last resort.

And guys don't dash me for sharing this experience!

Gunjan Tulsyan (Article) (222 Points)
Replied 01 October 2012

No u will have to get the consent of your Principal as he has to sign ur transfer form..!!

archana bakshi (Student) (227 Points)
Replied 11 October 2012

Hey pooja, the consent of the ca is required in the frst yr also,that is the real problm,and Dhiraj see ths is the major limitation of the icai's transfer rules,the 'rule' is 'ther is no rule'.The 'right' gvn by the icai to take trnsfer in the frst yr is vry hollow and is dependent upon the whims and desires of another person(the principal).So sorry thr is no option,unless u r able to cnvince ur ca!!

archana bakshi (Student) (227 Points)
Replied 11 October 2012

is that real Surya?Did he get transfer?

ANJALI NEGI (Chartered Accountant) (1263 Points)
Replied 11 October 2012

Consent of Principal is must and must ................all the best

archana bakshi (Student) (227 Points)
Replied 11 October 2012

Is that real surya?did he really ger transfer?

Ashwin (CA Final) (242 Points)
Replied 21 December 2012

Originally posted by : archana bakshi

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j. dave (Student) (50 Points)
Replied 27 December 2012

what is the exact procedure for transfer in first year of articleship,

should i send the consent letter from the principal along with Form 109, and wait for the institute's permission or should i directly fill FORM 102,103 and start my articleship with the another firm....

pls find me a solution as m realyy confused