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Urgent query regarding transfer

Gaurav Pandey (Chartered Accountant) (53 Points)

17 July 2011

Hi friends.......I am a student of CA Final, pursuing final year of internship,my tenure will get over in April 2012. I wanted to know that may i take transfer or not ?????

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6 Replies

Annu.R (CA,CS,B.Com) (2788 Points)
Replied 17 July 2011

No, You cannot tranfer as per CA Regulation.You can transfer in first year of Internship with conditions and

in the last year, between 09 months to 12 months of Internship, if joined in Industrial training.

CA ADITYA SHARMA (CA IN PRACTICE ) (16719 Points)
Replied 17 July 2011

Originally posted by : annu.R
	No, You cannot tranfer as per CA Regulation.You can transfer in first year of Internship with conditions and in the last year, between 09 months to 12 months of Internship, if joined in Industrial training.

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(Guest)

Sure, You can !

During First year of Articleship, transfer need not be supported by any reason. Even after First year, you can apply for transfer of your Articleship, though only on some explicitly specified grounds. Viz - Medical reasons requiring you to discontinue the training for a minimum period of 3 months, Transfer of local guardian beyond 50 kms with a proof of such transfer, Marriage in case your are female, Moving out of the country et al. Even a residuary provision is there, which reads - "any other just and valid grounds felt justified by the Institute".

Important to note in your case is that, during the Last six months, they will have more strict parameters in allowing you to transfer your articleship. Nonetheless, if you are severly sick, they(ICAI) can not insist you to continue your aricleship and thus getting your health worsen. No one has the right to frame such rules. This is why, in the list, there is a residuary ground too. Write an appealing application which will exhort them, and they will allow you to take transfer. They allowed me. Transfer is not forbidden (as normally believed), it has been restricted to genuine causes/cases, so as to avoid unnecessary transfers.

Even important to note is that, now you can not submit the 109 directly. You have first to write an application seeking institute's approval to your transfer of articleship, mentioning therein the grounds/reasons & the proofs thereof, for which you want such transfer. They, if find your reason(s) genuine/appealing, will approve your transfer request and send you an approval letter. Then you have to submit form 109 signed by the principal, along with the copy of such approval letter. Follow the link -

https://www.icai.org/new_post.html?post_id=7267&c_id=219

Conclusion : In any case, the route of transfer goes via ICAI only. You have to write to them in all cases. Direct submission of 109 is not considered at all. Therefore, the course of action for you will be- to write an application to them. The application must be appealing. If they approve your request for transfer, proceed further. Otherwise, continue where you are continuing currently.

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M. N. JHA (CA) (8316 Points)
Replied 17 July 2011

Nice explaination kunal . . . . . . . .

CS,CA F,Numrologi TusharSampat (CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert) (85930 Points)
Replied 17 July 2011

Originally posted by : Kunal Kishore
	Sure, You can ! During First year of Articleship, transfer need not be supported by any reason. Even after First year, you can apply for transfer of your Articleship, though only on some explicitly specified grounds. Viz - Medical reasons requiring you to discontinue the training for a minimum period of 3 months, Transfer of local guardian beyond 50 kms with a proof of such transfer, Marriage in case your are female, Moving out of the country et al. Even a residuary provision is there, which reads - "any other just and valid grounds felt justified by the Institute". Important to note in your case is that, during the Last six months, they will have more strict parameters in allowing you to transfer your articleship. Nonetheless, if you are severly sick, they(ICAI) can not insist you to continue your aricleship and thus getting your health worsen. No one has the right to frame such rules. This is why, in the list, there is a residuary ground too. Write an appealing application which will exhort them, and they will allow you to take transfer. They allowed me. Transfer is not forbidden (as normally believed), it has been restricted to genuine causes/cases, so as to avoid unnecessary transfers. Even important to note is that, now you can not submit the 109 directly. You have first to write an application seeking institute's approval to your transfer of articleship, mentioning therein the grounds/reasons & the proofs thereof, for which you want such transfer. They, if find your reason(s) genuine/appealing, will approve your transfer request and send you an approval letter. Then you have to submit form 109 signed by the principal, along with the copy of such approval letter. Follow the link - https://www.icai.org/new_post.html?post_id=7267&c_id=219 Conclusion : In any case, the route of transfer goes via ICAI only. You have to write to them in all cases. Direct submission of 109 is not considered at all. Therefore, the course of action for you will be- to write an application to them. The application must be appealing. If they approve your request for transfer, proceed further. Otherwise, continue where you are continuing currently.