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transfer in articleship

CA KETAN INANI (sharp & tannan(article trainee) Always Ready to help) (251 Points)

17 November 2010

i want to take transfer.but i have not recd the letterand identity card from icai about registration as an article.

whether it is necessary or i can take audit regn no from institute if i am registered because certainly i am registered as i put my documents 2 months before.

please let me knoe the procedure.

thanks in advance

ketan inani

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6 Replies

CA Dhiraj Ramchandani (CA, M. com) (10823 Points)
Replied 17 November 2010

Firstly, transfer is not allowed., for few incidents, its allowed... If u r takin transfer in such circumstances, than u can take it validly..... Secondly, u need to have registeration letter to get transfer, as w/o that ur registeration cannot b proven on papers... And still, for non-availability of letter, u should seek advice of ur branch..

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Ajay Mishra (Company Secretary) (74337 Points)
Replied 17 November 2010

Important Rules for taking Transfers

No request for termination of articles is entertained from any articled assistant in general and more particularly during the first six months and also during the last twelve months of articles except as provided in the Regulations. In the event of termination, his articles shall not be registered in the same city.
No request of an articled assistant for termination (transfer) of articleship shall be considered unless his/her working parent(s) is/are transferred from the city/place where the articled assistant is receiving training to another city and a copy of transfer order/proof is submitted to the principal in proof thereof. On such termination the articled assistant concerned shall join articles training in and around the place of posting of his/her parent(s) and shall not re-register articles in the same city or within 50 Kms radius of the city where he/she has undergone articles prior to such termination.
If the articled assistant is not able to serve the articleship for specified genuine medical reasons thereby opting to discontinue the CA course for a period of at least three months, the termination of articles be permitted, provided that the medical grounds are such that warrant termination of Articleship.
In the event of misconduct involving moral turpitude, gross negligence or unsatisfactory performance of the articled assistant, his articles shall be liable to be terminated by his principal besides being cancelled or extended for such period as may be decided by the Institute. Board of Studies to decide and enumerate the acts constituting misconduct.
Termination/ transfer of articles be permitted on such other justified circumstances as may be deemed genuine by the Council such as Industrial Training, Secondment of articles, Conversion from PCC to IPCC, Marriage, Death of Principal, Ceasing of practice by Principal, Name of the principal is removed from the register of members, 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, Going back to home town after completion Graduation Course or PG course in a city, Any other valid reason to be considered and decided by the President on case to case basis on merits having regard to the facts of the case.

While forwarding the Form No. 109 the principal shall state specifically the clause under which the articles have been terminated.

Subhendu S Sanyal (B.Com(C.S.),CA FINAL ) (666 Points)
Replied 18 November 2010

Dear All,

As per latest announcement from ICAI dated 2nd July 2010 Unrestricted Transfer is allowed in the first year of Articleship.Please refer the below link:

https://220.227.161.86/19592announ10698.pdf

Please also refer the messages posted in earlier form on CAclubindia reg transfer:

/forum/transfer-of-articleship-in-1st-yr--106848.asp

Attached File : 42 59 37 articleship transfer.pdf downloaded: 194 times

CA KETAN INANI (sharp & tannan(article trainee) Always Ready to help) (251 Points)
Replied 18 November 2010

IT MEANS I CAN TAKE TRANSFER WITHOUT ANY RESTRICTION

naveen kumar jain (article) (56 Points)
Replied 06 December 2010

PLSE HELP>>>>>>>>>>

MY STIPEND HAS NOT BEEN PAID TO ME FOR ALMOST 6MONTH'S.

WHEN ASKED SAYS WE WILL ADJUST WITH UR LEAVE.

I TO HAVE TAKEN 7 MONTH'S LEAVE .BUT NOW HE SAY TAKE TRANSFER AND WHEN I SAID TRANSFER NOT ALLOWED FOR LAST YEAR HE SAY U EXTEND UR ARTICLE AS U HAVE TAKEN MORE THAN ONE YEAR. I HAVE MY PERSONAL RECORD OF WORK DONE AND MY PASS BOOK STATUS ABOUT PAYMENT DETAILS ON THIS CAN I FIND ANY SOLUTION

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Pritam kumar Gupta (CA- Final) (46 Points)
Replied 20 January 2011

You can go for complaint against your CA in the Institute for this and give the valid reasons as per the prescribed procedure of the institute...............

Attached File : 19 18628form i rule.pdf downloaded: 182 times