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Termination of articleship

22 August 2014

I have done 11 months of work under my provious principal and have asked him to sign my termination letter Form 109 which he duly did. In the form I wrote that I had worked for 45 weeks out 49 weeks of my articleship. 4 weeks being holiday due to various festivals. Now I got an letter from the article section of ICAI asking for the clarification that why have I worked for 45 weeks with 0 week of leave. So when I asked the article section they have told me to give them a letter telling 4 weeks was off due to various festivals. But my previous principal is unwilling to sign on the letter now.

What should I do? Please reply.

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4 Replies

CA Gyati Gupta (In Practice) (8227 Points)
Replied 22 August 2014

I think the form is to be necessarily to be signed by the Principal , there is no substitute for it

CA Himanshu Bansal (Risk Manager) (2345 Points)
Replied 22 August 2014

Originally posted by : dipanjan senapati
	I have done 11 months of work under my provious principal and have asked him to sign my termination letter Form 109 which he duly did. In the form I wrote that I had worked for 45 weeks out 49 weeks of my articleship. 4 weeks being holiday due to various festivals. Now I got an letter from the article section of ICAI asking for the clarification that why have I worked for 45 weeks with 0 week of leave. So when I asked the article section they have told me to give them a letter telling 4 weeks was off due to various festivals. But my previous principal is unwilling to sign on the letter now. What should I do? Please reply.

Hi,

Basically what are the exact facts ?

I am presuming that total period was 49 weeks, out of which 4 weeks were holidays.If these four week were holidays and not leaves, then you should have written that you have worked for 49 weeks.You should have written the work of 45 weeks only if you took leaves for 4 weeks.So this is the mistake which you did.If these four weeks were your leaves, then you should have written it under leaves section. If these were not your leaves, then you should have written total 49 weeks working.

dipanjan senapati (article) (30 Points)
Replied 22 August 2014

Could you help me what should be done now?

CA Himanshu Bansal (Risk Manager) (2345 Points)
Replied 23 August 2014

Call up the Articles section and explain your mistake exactly to them.Ask them whther its possible to rectify the mistake and admit 4 weeks leave and revise form 109 and re-submit with mention of leave period of 4 weeks.

As far as I know, your CA will not give you in writing that his office was closed for "4 weeks" due to festivals.