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Transfer of articleship

Darshan Dodiya (Student CA Final ) (392 Points)

20 November 2012

hello sir...

would you please inform me for howmany times transfer can be taken in the first year of articleship..?

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2 Replies

M. N. JHA (CA) (8316 Points)
Replied 20 November 2012

ONLY ONE TIME

PRATEEK MANOCHA (CA FINAL Result Awaited) (43 Points)
Replied 20 November 2012

12. TRANSFER OF ARTICLESHIP
12.1 The articleship deed is executed for three years period and normally articles are expected to continue for the
whole term except when the articled trainee opts for Industrial Training under Regulation 51 or in the case of
secondment, under Regulation 54. The articled trainee should not normally take transfer of articled service from one
employer to another unless there are special circumstances to warrant such transfer. Articled trainee cannot
terminate articles at will nor can he claim it as a matter of right. The articles can be terminated only with the Employer
in accordance with the guidelines issued by the Institute in this regard.
The recent guidelines issued by the Council in respect of transfer/termination of articleship as per Regulation 56(1) of
the Chartered Accountants Regulations, 1988 is given 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: -
(i) 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.
12.2 In case of termination by mutual agreement, the articled trainee may enter into fresh articles for the reminder
term of his service in accordance with Regulation 57.