Well, if your principal has complained to the Institute that you are irregular, the only consequence can be extension of your Articleship period. And regarding what to reply to the Institute, doesn't really matter much. Just tell the reasons for your irregularity, if you were indeed irregular. Else, tell that you were actually not irregular.
If you want to serve the remaining period of your Articleship under another CA i.e., in order to transfer to another CA, there should be some geniune reason for the same and you should also obtain prior permission from the Institute in this regard. Please read below for the relevant provisions in this respect.
Good luck!
Transfer/Termination of Articleship
[Regulation 56(1)]
In partial modification of the announcement dated 30
th
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
CAclubindia
