Transfer/Termination of Articleship - (01-07-2009)

Articleship 1532 views 21 replies

CMA KNVV Sri Vidya - Sri Kanth

C.A.Final (New) ICWAI FINAL (New)

11269 Points Joined November 2008

Transfer/Termination of Articleship - (01-07-2009)

Transfer/Termination of Articleship

[Regulation 56(1)]

In accordance with the decision of the Council, the transfer/termination of articleship in terms of Regulation 56(1) of the Chartered Accountants Regulations, 1988 shall be permissible to an articled assistant on satisfying any one or more of the conditions as stated below: -

Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a Medical Certificate issued by a Government Hospital).
Transfer of a working parent to another city involving a distance of minimum 50 kms (on production of a certified copy of the transfer order and the proof of relocation to another City).
Misconduct involving moral turpitude.

Replies (21)

CMA KNVV Sri Vidya - Sri Kanth

C.A.Final (New) ICWAI FINAL (New)

11269 Points Joined November 2008

Transfer/Termination of Articleship - (01-07-2009)

Transfer/Termination of Articleship

[Regulation 56(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).
Transfer of a working parent to another city involving a distance of minimum 50 kms (on production of a certified copy of the transfer order and the proof of relocation to another City).
Misconduct involving moral turpitude.
Other justifiable circumstances / reasons: -
- Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of articleship): -
  - Industrial Training (Regulation 51)
  - Secondment of articles (Regulation 54)
  - Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)
  - Death of Principal [Regulation 57(1)(c)]
  - Ceasing of practice by the Principal [Regulation 57(1)(a)]
  - Removal of name of the Principal from the Register of Member due to any reason [Regulation 57(1)(b)]
- Marriage basis (only if there is relocation to another city involving distance of 50 kms).
- 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.

The articled assistants are required, in the first instance, 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 with recommendations 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.

Secretary

30th June 2009

PRAVIN

M.Com ML MBA(Finance)

352 Points Joined February 2009

Thank you for your kind information.

Mayank Ahuja

"Learner"

586 Points Joined October 2008

kuch change hai kya?????????????????????????????

there is no relaxation...............................

ritesh

ca final articled assitant

176 Points Joined February 2009

yaar i also want to know the same...............Is now transfer allowable in normal cases or is this notification same as the previous one???????

prathamesh shelar

164 Points Joined October 2008

Can someone tell me plzz

What is secondment of articles

Guest

Can anyone elaborate on Irregular or non payment of stipend?And in case of secondment, transfer is virtual but in reality u get regd under the same original principal...So, again the principal may not agree to it.

praveen

Chartered Accountant

6971 Points Joined September 2007

yeah i dont think there is any relaxation at all....

Guest

i had submitted my re-regiseration form in icai 2 months ago and i have still not recieved my registeration letter.

what could be probable reasons for such delay as i am very tensed about it.as if i did not recieve my letter all my efforte will turn futile.all my studies will get wasted.

pls reply as soon as possible

Manmohan ACA, CS

Chartered Accountant

14243 Points Joined February 2009

Precious piece of information

antima deorah

article

29 Points Joined June 2009

this is so bogus!!

they hav only added certain other impossible n useless conditions under the 4th clause.. this is not helping us in anyway...

Aashish Dinanath Tripathi

Articled Assistant and NCFM(CMDM)

233 Points Joined January 2009

Actually there are only two minor points covered in it.

1. Existing articles who got converted to IPCC and took / take transfer on this ground can resume their articles only after passing their first group. Hence PCC students converting to IPCC will now be considered as Fulltime IPCC students if they ask for tranfer on the conversion grounds.

2. Moral tupitude (Only from the article) can be used as a reason to put forth the application before the Jury.

3. Moreover fresh points added are If they want to take secondment or IT they can freely take tranfer.

Inshort the rules hav become even more stringent and all the talks of allowing One tranfer during the entire articles period has as always been proved to be untrue.

Also, now the students who took transfer on the mere grounds of conversion are in a soup. Lets say even if they pass their exams (i.e IPCC Both or one group) even then they can resume their articles only after results hence around 2-3 months will be wasted.

So students, enjoy and Have PHUN.

Radhe radhe.

Long Live ICAI.

Hail His Highness CA Uttam Prakash Agarwal

Aashish Dinanath Tripathi

Articled Assistant and NCFM(CMDM)

233 Points Joined January 2009

Ya Hakuna Matata for u r Irregular payment of stipend.

The ICAI considers the minimum stipend as Rs.1000 or Rs.750.

Now, Suppose X an Articled Asst. gets Rs. 2000 as stipend and he is serving his principal CA Mr. A for 8 months and has received stipend only for 2 months i.e Rs 4000 then he can claim a tranfer on this grounds only if he doesnt receive stipend till his 10th Month.

If he is not receiving his stipend for more than 6 months then he can put up the matter before the Jury.

Hence this is the most illogical clause ever even more foolish than the difference between Non Ordinary Resident and Non Resident.

SO Enjoy.

Have PHUN>

Radhe Radhe.

HAIL TO ICAI and Long Live UTTAM Ji.