Karthik (student) (147 Points)
27 September 2010
Ref - Transfer /termination of articles is permitted without any restriction during the first year of articles.
i need to get a transfer from my firm. Ive joined there on on August 9 2010.
My doubt is that should i get consent from the institute for transfer or just the submission of form 109 is sufficient..
Please reply
SANTOSH BHOIR
(B.Com, CA Final)
(41 Points)
Replied 27 September 2010
ACCORDING TO ME, IF U ARE TAKING TRANSFER WITHIN A PERIOD OF 1ST YEAR OF UR ARTICLESHIP, THEN CONSENT OF PRINCIPAL NOT REQUIRED.
DIRECT SUBMIT THE FORM 109
C.A. LINESH PATIL
(CA)
(910 Points)
Replied 27 September 2010
ya, you can take transfer without taking prior approval of institute.
Karthik
(student)
(147 Points)
Replied 27 September 2010
Can i join another firm in the same city???
Subhendu S Sanyal
(B.Com(C.S.),CA FINAL )
(664 Points)
Replied 27 September 2010
I am in the same situation as you..even I joined on 09/08/2010..even I want to know whether the earlier ban on NO TRANSFER IS ENTERTAINED WITHIN FIRST 6 MONTHS OF JOINING ARTICLESHIP is still effective/applicable after the new rules relating to transfer have been announced.. ?
Can i take transfer in the the same city (in the first year of articles)..?
SANTOSH BHOIR
(B.Com, CA Final)
(41 Points)
Replied 27 September 2010
yes. u can join another firm in same city.
CRITERIA OF 50 KM RADIUS WERE NOT APPLICABLE FOR THE TRANSFER WITHIN 1ST YEAR.
IF U HAVE ANY FURTHER DOUBT , I M SENDING U REGULATION OF ICAI REGARDING TRANSFER/ TERMINATION OF ARTICLESHIP [ READ IT VERY CAREFULLY ]
- SANTOSH BHOIR (URAN)
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.
Mandar D. Rane
(CA Final & CS Executive Student)
(236 Points)
Replied 28 September 2010
I want to know whether I have to inform the institute about the another CA Firm that I m going to join at the time of filling up of the form for transfer ?
sahil
(final)
(130 Points)
Replied 28 September 2010
Only Consent of principal is Required. Nothing Else
Subhendu S Sanyal
(B.Com(C.S.),CA FINAL )
(664 Points)
Replied 28 September 2010
Thanks a lot guys..
do i need to take permission from my principal, and if my principal does not have any valid reason, can he still bind me with the contract.????
i have not yet even completed two months of training.
i need to take the transfer immediately, and what remedy do i have if my principal is not willing to sign my form109..??????
Mandar D. Rane
(CA Final & CS Executive Student)
(236 Points)
Replied 15 October 2010
i friends I have taken transfer by filling up Form 109 and when i asked whether to attach any documents with form 109 at the institute's counter they said "Not Required".
But now I went through the announcement (https://icai.org/resource_file/19592announ10698.pdf)
I came to know "Request for transfer not accompanied by consent of Principal shall not be
accepted."
What should I do ?? Should I submit the consent letter separately or anything else ?
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