A big headache!! That’s what most of us think at the very first instance. But it is not that troublesome if we follow certain procedures. I have passed through the articleship transfer process and hence felt like sharing my views on how can this be fast tracked and convenient for my fellow CA students.
CA Articleship transfer:
- In the First Year of Articleship: No Issues as such
- In the Second / Third Year of Articleship : Wherein oneself needs to get the consent of ICAI first by 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.
- 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.
Note :- Download the Form 109- http://188.8.131.52/7512form109_std.pdf
CA Articleship Transfer Procedure
Below is the Procedure For CA Articleship Transfer
First Year Articleship – There are No Restriction For Articleship Transfer/ Termination. Simply You can Submit Form 109 to Respected Region.
Second or Third Year of Articleship Training
First Step :- You Will Write An Application to Yours Respected Region With Mention of any valid reasons. With This Application Also Enclosed Your principal Letter For No Issue of Transfer/Termination of Your Articleship.
Second Step :- Institute will Review Your Application and Send Approval Letter
Third Step :- If You Receive Approval Letter Than You Will Submit Form 109 to Institute.
So, apply with form 109 for the articleship transfer for valid reasons only after getting Approval of ICAI.
Now, the door is wide open to join a new firm. Kindly bear the following points in mind while you are on the verge of joining the new CA firm.
- Firstly get the Form 102 (Deed of Articleship) franked as soon as possible. I would suggest the moment you get the Institute’s consent get the Franking done . Submit the Form 109 .
- After submitting the Form 109 make sure that you have the time limit of 30 days to submit the form 103 (can be purchased from any regional council of ICAI for Rs. 50/-) to the Institute. Now here if you have already got your Form 102 franked so without any wastage of time your articleship date will get counted from that date even if you submit the same at a later date (within 30 days) .
- Also you can do your articleship training in the new CA Firm without any headache as such.
Proactive followup, Study and followup would help you resolve this one quickly. It’s a great idea to go personally to the student section at the ICAI and talk to someone if you find yourself stuck badly. I hope I am able to give the right solution for those who are in need of.
For any Queries /feedback you can write me @ [email protected] / [email protected]