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transfer of articleship...urgent

Nishita Goyal (Assistant Manager - Finance & Accounts (APOLLO HOSPITALS INDORE)) (65 Points)

01 February 2011

Hey,

I have cleared IPCC both groups in May 2010 and completed 6 months of articleship and now want to get transfer bcoz nw i want to start my studies which is not possible while continuing articleship in my current firm.

Please help me regarding what procedure is there for taking transfer? Also please tell me that will my leave taken/earned be carried to the new articleship?

plzzzzzzz help....

thanks in advance

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13 Replies

CA Sandeep Kumar (Audit Assistant) (804 Points)
Replied 01 February 2011

Hi..

As ragrds, tranfer, it is permitted in the first year, there are not many restricstions.. Applicable forms are form 109, 120 w.r.t existing firm details, and new form 103 for new firm..

As regards leave, position as in old firm will be continued in new firm also.. whatever rules were there will continue, leave taken will be the same.. there is nothing called earned leave.,,

Nishita Goyal (Assistant Manager - Finance & Accounts (APOLLO HOSPITALS INDORE)) (65 Points)
Replied 04 February 2011

thanks for the info :)

sindhuja (student) (62 Points)
Replied 12 February 2011

hi...same case with me..i ve cleared ipcc in may2010 n i ve completed 5 mnths training..now i feel d firm i ve joined is not giving me sufficient exposure.so thinking of transfer...but i get sufficient time 2 study here..please gimme sm info as to d pros n cons of taking transfer....

AVIJIT (CA FINALIST) (370 Points)
Replied 12 February 2011

"Every articled assistant executing the deed of articles for the full period of articled training prescribed

under these Regulations, shall be required to complete such articles only with the member who has

engaged him.

Provided that the articles so engaged may, by agreement between the articled assistant and his principal

be terminated under such exceptional circumstances or conditions, as may be decided by the Council:

1. Exceptional Circumstances for Termination of articles

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.

1.1 If the articled assistant is not able to serve the articleship for specified medical reason thereby

opting to discontinue 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 article ship

1.2 If the working parents of the articled assistant is / are transferred from the city/ place where the

articled assistant is receiving training to another city.

2. Requirements

(a) Medical Certificate, in Original, issued by Chief Medical Officer/Civil Surgeon/Medical Board of a

State /Central Government Hospital and alike clearly indicating nature of illness/disease, likely

period of recovery that warrants termination of Articles.

(b) Certified copy of Transfer order of the parents be submitted for the cases falling under category

1.2

3. Restrictions

3.1 In the event of termination of articles on the ground of parents’ transfer, fresh articles shall not

be registered

a) in the same city or

b) within 50 kilometers radius of the city where he/she has undergone articles prior to such

termination

3.2 In the case of termination of articles on medical ground the articles may or may not be registered

under the same employer under whom previously served or any member eligible to train articles

alongwith medical fitness certificate from the same hospital which issued the medical certificate. "

These are the instructions given in Form 120 but I am not able to understand what they mean exactly. Does this mean that these can be the reasons for transfer in first six months and last 12months or they mean there can be no tranfer in first 6 and last 12mnths, however for the other period transfer can be on these basis?

amrita (Article Assistant ) (91 Points)
Replied 14 February 2011

I am an ipcc student started my articles in aug 2010. I dont wanted to continue in the same firm so asked my principal for transfer. He said he will not give transfer at any cost.

For IPCC students we can change our employer in the first year of our training.then wat does that mean???? if my present employer says no i hav to continue with him or what?????????

Transfer in the first year of articleship requires CONSENT OF PRINCIPAL????????????

Nishita Goyal (Assistant Manager - Finance & Accounts (APOLLO HOSPITALS INDORE)) (65 Points)
Replied 14 February 2011

thnx for all the info...but as per the Institute's notification, for transer the consent of principal is required. My principal denied, what can i do nw??

AVIJIT (CA FINALIST) (370 Points)
Replied 15 February 2011

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.

2nd July 2010 Secretary

Akriti Kalash (Student) (21 Points)
Replied 11 August 2011

Hi, i am an ipcc student and started my training in september 2010 in Bangalore. I want to take a transfer and my principal has also agreed. I have already sent a letter to the Chennai institute to seek permission to take transfer about a month ago. When i called them up, i was told that permission was not required as it is my 1st year and that i can go ahead and send Form 109. But when i went to the Bangalore institute i was told that i have to send form 120 take the permission from icai and then send Form 109. I am really confused as i have already sent a letter. Please guide me as to what has to be done..

shreekant Toshniwal (account assitance) (122 Points)
Replied 12 December 2011

can we transfer articalship during the 1st year of training..........please suggest me procesure

Shruti Kadam (-) (21 Points)
Replied 09 February 2012

hii... i m ipcc student doin articleship from aug 11.....i want to take transfer as i want to start my studies or groupII i hav already taken 1.5 month leave earlier and this year i m appearing for T Y Bcom exams...if i applied for transfer from my principal and if he accepted it, then can i start my new articleship after completion of my group II exams....is it possible to do so????? will my attempt be delayed??? plz suggest

thank you in advance

vipul goyal (.) (33 Points)
Replied 12 March 2012

I have joined in Aug 2011 and want transfer from my firm as I am unable to devote time to my studies but my principal is not accepting that. What can I do please guide me.

HEENA PODDAR (ARTICLE) (22 Points)
Replied 18 April 2012

Hi......

my friend's employer does not give her monthly stipend nor yearly. She has completed her 3 years CA articleship n is a pcc student. Now she wants to know that whether she can take transfer on this ground (i.e. not paying monthly stipend) n if yes please attach the reqired supportings to show to the employer. please also attach the procedure required to be followed if articleship transfer on this ground is allowed.

REGARDS

HEENA PODDAR

Anshul Mittal (Freelancing) (741 Points)
Replied 19 April 2012

@ Shruti kadam,,, yes you can take transfer now and can join again after your 2nd group,,, it will not delay your final attempt,,, jst your articleship period will extend....

@ Vipul goyal,, any dispute related to transfer should be solved by the student and proncipal only,,, if case goes extreme than you can complain it to the institute,, try to convince your ca na ( makhan laga yaar),, because we are free to take transfer in 1st year of articleship...