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Query regarding extension of articleship

shailesh (a) (49 Points)

22 May 2011

Hi frnds,

I have some doubts about my articleship. Plz help me out.

My articleship gets completed on 14/06/2011. But my principal wants me to serve my extension for 90 days first. So I want to know -

1) What are the forms required to be filled to complete the regular completion procedure?

2) I want to my extension in a big firm but my pricipal won't allow me. So, can i register myself with another principal without knowing to the old principal? Whether he can take any remedy against me for the breach of trust?

3) I've final attempt due in Nov 2011. So I want first to prepare for exams and then complete my extension. But in such situation will this period after 14/06/2011 will get added in my extension of 90 days?

Plz help me out guyz, i'll be really thankfull.

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50 Replies

CA ADITYA SHARMA (CA IN PRACTICE ) (16719 Points)
Replied 22 May 2011

you will have to fill form 108 for completion. if you got extension letter from institute you can register with any CA for the extension

1 Like

M. N. JHA (CA) (8316 Points)
Replied 22 May 2011

As i understand u have take excess leave, so u need to work for extension period?? If i am right not to worry u can submit form 108 With excess leave after 14 june but before 13th july. After u recived letter from inst for completing excess leave. As i think it will take around two month more i.e. Around end of sept. And then u can also start ur extension after exam. As i know u can work in any firm for extention period. But one major problem- EXAM EORM SHOULD BE SIGNED BY EMPLOYER

1 Like

shailesh (a) (49 Points)
Replied 22 May 2011

Thank u vry mch guyz. But i want to ask another doubts i.e.

1) Should i need to take institute's permission for serving my extension with another pricipal, like in the case of transfer/termination, or not???

2) Will the my exam preparation period gets added in my original extension if I do not serve the original extension immediately?

Plz answer these two queries also. Thanking you in advance.

M. N. JHA (CA) (8316 Points)
Replied 23 May 2011

1) you not need to take permission from icai. As i know u need to submit form 107(pls check i not sure). And 2) no.

2 Like

CA ADITYA SHARMA (CA IN PRACTICE ) (16719 Points)
Replied 23 May 2011

no need to take permission from institute

shailesh (a) (49 Points)
Replied 23 May 2011

THANK U VRY MCH GUYZ....

CA SAHIL MITTAL (JOB) (240 Points)
Replied 23 May 2011

(Regulation 59 & 74)

(1) During the period of articled training an articled assistant shall earn leave at the rate of one-sixth of the period for which he has actually served excluding from such period, the period for which he has been on leave subject to a maximum of 180 days.

(2) An articled assistant who has served as an audit assistant before the commencement of his articles shall, in addition to the leave earned under this regulation, be entitled to leave equal to one-half of the leave earned and not availed of as an audit assistant, subject to a maximum of three months.

Following conditions may be noted:

1.	Reasonable notice is required to be given by the articled / audit assistant to the Principal.
2.	For the purposes of preparing for an examination of the Institute, the articled assistant shall be granted by the principal leave for three months or to the extent due, whichever is less, provided an application for the leave has been made at least fifteen days in advance.
3.	Leave not earned may also be granted by the principal subject to the condition that the total leave to be taken by the articled assistant shall not exceed one-seventh of the total period of his actual service, together with the leave due under sub-regulation (2).
4.	The Institute's examination days, (including intervening holidays), or days for attending a course at an Academy of Accounting conducted by the Institute shall not be treated as leave.
5.	The period of attendance, with the consent of the Principal, at a conference, including Course on Information Technology Training, and Course on General Management and Communication Skills or seminar organised by the Institute including a regional council or a students’ association or a branch of a regional council for the benefit of assistants, shall be treated as period actually served under articles. An articled assistant who has secured admission in a course at an academy of accounting conducted by the Institute shall be relieved by the principal, without termination of articles, for attending the academy, provided he has given notice of not less than two months of his intention to join the academy.

Supplementary Articles

(Regulation 46, 57 & 58)

Leave taken in excess of the period of leave to which he is entitled under Regulation 59 shall be treated as excess leave. The articled clerk is required to undergo articles for further training equivalent to the period of excess leave taken by him during the period of three years of training. Period of excess leave can be served with the same Principal by executing deed in Form No. 107. However the excess leave can also be served under a new Principal as per Regulation 46.

Conditions:

In case articled training is served with the same Principal and in continuation of previous training without any break:

a.	Submit Form 108 for the previous period of Practical Training alongwith training report as specified in the Training Guide.
b.	Execute a supplementary deed of articles for the period equivalent to the excess leave period in Form 107 on a 'Non-judicial Stamp Paper; or affix ' Special Adhesive Stamp' of appropriate value.
c.	The deed of supplementary articles must be submitted in original alongwith a copy so as to reach the Institute's Office within 60 days from the date of commencement of training.

In case articled training is served with a new Principal, execute a fresh deed of articles in Form 102 and submit Form 103 so as to reach the Institute's office within 30 days from the date of commencement of fresh articles.

For condonation of delay in submission of Form 107, Please see Chapter 25 on condonation.