Transfer in articleship after 1 year

Others 744 views 5 replies

Dear Sir, 

I am a registered article and has completed 1 year and 5 months in training and now my CA is forcing me to accept the blame of theft and misconduct with girl which is done by someone else whose name is still a suspense. My CA is forcing me to name the person or accept the blame or leave the office and as i don't know the name of that person he suspended me an a friend for the same reason. and now we both want to take the transfer and we are blank for this. please suggest me the procedure for transfer.

we will be thankful for you all.

Replies (5)

Hi

 

If you know that you are not aware of that facts as your principal says then you can take transfer. If the Institute feel that it is justified reason that your  principal has not trust on you, then it can give you transfer.

 

Wish you all the very best.

 

There are some reasons for taking transfer for your reference:

 

 

Transfer/Termination of Articleship

[Regulation 56(1)]

 

In partial modification of the announcement dated 30th June 2009 regarding transfer / termination of articles the Council in its recent meeting has decided that the transfer/termination of articleship in terms of Regulation 56(1) of the Chartered Accountants Regulations, 1988 shall be permissible on

the grounds as stated below: -

 

I. Transfer /termination of articles is permitted without any restriction during the first year of articles.

 

II. During rest of the articleship period on satisfying any one or more of the conditions as stated below: -

1. Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a Medical Certificate issued by a Government Hospital).

2. Transfer of parent(s) to another city.

3. Misconduct involving moral turpitude.

4. Other justifiable circumstances / reasons: -

(ii) Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of articleship): -

a. Industrial Training (Regulation 51)

b. Secondment of articles (Regulation 54)

c. Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)

d. Death of Principal [Regulation 57(1)(c)]

e. Ceasing of practice by the Principal [Regulation 57(1)(a)]

f. Removal of name of the Principal from the Register of Member due to any reason

[Regulation 57(1)(b)]

 

(iii) Marriage basis (only if there is relocation to another city involving distance of 50 kms).

 

(iv) Irregular payment or non payment of stipend with reference to Regulation 67.

 

(v) Articled assistant desires to serve balance period of training outside India.

 

(vi) Shifting by the Principal to another city involving distance more than 50 kms.

 

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 aforesaid grounds, 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.

 

 

Thanx for your reply,

but i wanna ask in which category my case falls in regulation 56(1)

 

n how will institute believe me 

Hi If you give your reason with a valid prof, then, Institute may give you approval as per their own point that it is justified to give approval. It can be covered under Misconduct involving moral turpitude.

what can be proof in this case as there is no physical proof in my hands as well as in my CA's hand.....
and he is saying to accept the blame in front of ofc staff...... is any signed letter by office staff is valid or not????


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