Whether student can undergo articled training outside India? If so, what are the guidelines in this regard?
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Hi Rajendran,
We are of aware of the fact that in India, that an articled clerk who has passed the Professional Education (Examination - II) or the Intermediate examination under these regulations may, at his discretion, serve as an industrial trainee for the period specified in sub-regulation (2) in any of the financial, commercial, industrial undertakings with
1) Minimum fixed assets of Rs. 1 crore; or
2) Minimum total turnover of Rs. 10 crores; or
3) Minimum paid-up share capital Rs. 50 lakhs;
or such other Institute or organisation as may be approved by the Council from time to time".
However, it is not widely known that a Chartered Accountant working abroad impart Industrial Training to an articled assistant abroad?
The Industrial Training may be imparted by the Chartered Accountants working abroad in a financial commercial or industrial undertaking with minimum fixed assets & minimum total turnover or minimum paid up capital as specified by the Council (whatever the value specified in terms of Indian currency may be deemed as applicable in foreign countries in their respective currencies) or such other organization or institution approved by the Council. Moreover, the members would be eligible to impart
Industrial training in accordance with Regulation 51 and 72.
In addition to above, an organization eligible to impart training outside India which is not yet registered with the Institute may submit an application alongwith a self declaration (in absence of Annual report) regarding minimum fixed assets & minimum total turnover or minimum paid up capital of the organization about the particulars of the undertaking.
Thus, in case the Companies are are not incorporated in India, can very well provide industrial training if it full fills the criterias as led by the ICAI and approval has been obtained from the Council.
Thanks & Regards
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Hi,
Yes students can pursue CA articles in abroad but its very difficult to get articles in abroad.
REVISED GUIDELINES FOR TRAINING OF ARTICLED ASSISTANTS OUTSIDE INDIA :
i. A Chartered Accountant is eligible to train an articled assistant provided his main occupation is the practice of the profession of Accountancy at the time of engaging articled assistants as well as in each of the qualifying years on the basis of which he claims eligibility to train articled ii. Any member engaged in any other business, occupation or holding part time certificate of practice is not entitled to train articled assistant. iii. Any member employed as a Paid Assistant or engaged as a partner in a foreign firm of Chartered Accountants will also be eligible to train articled assistants at par with the paid assistants with a firm of Chartered Accountants in India. All conditions applicable to the Paid Assistants in India would be applicable to them as well. However, in case of a foreign firm, such a foreign firm shall have at least one partner who is either a member of the Institute or who is eligible to become a member of the Institute, in terms of MRA. Provided that every Chartered Accountant from ICAI who is registered as an auditor and obtained a license and registration number from the appropriate competent authority abroad to establish a professional firm and carry out the attest function and who meets the international/local experience and expertise criteria laid down by the law shall be eligible to train articled assistants
Hope this helps you
Thank You
GUIDELINES FOR TRAINING OF ARTICLED ASSISTANTS OUTSIDE INDIA:
i) A Chartered Accountant is eligible to train an articled assistant provided his main occupation is
the practice of the profession of Accountancy at the time of engaging articled assistants as well as
in each of the qualifying years on the basis of which he claims eligibility to train articled assistants.
ii) Any member engaged in any other business, occupation or holding part time certificate of
practice is not entitled to train articled assistant.
iii) Any member employed as a Paid Assistant or engaged as a partner in a foreign firm of Chartered
Accountants will also be eligible to train articled assistants at par with the paid assistants with a
firm of Chartered Accountants in India. All conditions applicable to the Paid Assistants in India
would be applicable to them as well. However, in case of a foreign firm, such a foreign firm shall
have at least one partner who is either a member of the Institute or who is eligible to become a
member of the Institute, in terms of MRA.
iv) The members shall provide a professional address as envisaged in Regulation 2(1)(xiii) as well as
an address in India.
(As per the said Regulation, professional address means: -
a. an address of the place where the member is carrying on his profession ( or where he is carrying
on his profession at more than one place, the principal place), or b. if a member is employed, the
place of employment or at his option the place of his residence
c. the place of residence, if the member neither carried on the profession nor is employed.
It may please be noted that an address in India is essential in any of the situation)
v) The terms and conditions that may be made applicable for training articled assistant in India
from time to time shall mutates mutandis apply for training of articled assistant abroad.
vi) The period of practical training shall be 3 years or 3 ยฝ years, as applicable, under a practising
chartered accountant abroad. However, the articled / audit assistants should have an option to
undergo industrial training in accordance with the Regulations 51 & 72 of the Chartered
Accountants Regulations, 1988 during the last one year of training.
vii) The Industrial Training may be imparted by the Chartered Accountants working abroad in a
financial, commercial or industrial undertaking with minimum fixed assets & minimum total
turnover or minimum paid up capital as may be specified by the Council (whatever the value
specified in terms of Indian currency may be deemed as applicable in foreign countries in their
respective currencies) or such other organization or institution approved by the Council. In case of
a member employed outside India, and eligible to impart Industrial training outside India, is unable
to submit Annual Report/Balance sheet of the corporate/undertaking the member is working with,
the member may submit a self declaration about the particulars of the undertaking alongwith the
application.
viii) The terms & conditions contained in Regulation 54 and Regulation 54A dealing with
secondment shall be applicable to the articled assistants receiving training abroad.
ix) The Principal shall send training reports as prescribed alongwith the service certificate to be
issued in Form 109 & 108 as the case may be.
x) The principal shall impart training in accordance with the guidelines contained in Training
Guide. He shall maintain a record of practical training imparted by him to the articled assistant
and report to the Council in the form prescribed in the training guide.
xi) The rates, terms and conditions of stipend prescribed as payable to the articled assistants
receiving training in India shall be applicable to the articled assistants receiving training aboard
except that the same rate of stipend in equivalent terms specified in respective national currencies
of the countries concerned instead of Indian rupees.
xii) Regulation of training in terms of office hours and working days holidays will be applicable as
per local office timings and laws. However, requirements of total training hours will be the same as
applicable in India, the terms of which are given hereunder: -
a.The working hours for the articled assistants shall be 35 hours in a week excluding the lunch
break.
b.The office hours of the Principal for providing article training to the articled assistant shall not
be generally before 9.00 a.m. or after 7.00 p.m.
c. The normal working hours for the articled assistant shall not start after 11.00 a.m. or end before
5.00 p.m.
d.The working hours for the articled assistants should not exceed 35 hours in a week excluding the
lunch break and normally an articled assistant be required to work during the normal working hours
fixed for articled assistants.
e.In case of exigencies of work with Principal, an article assistant may be required to work beyond
his / her normal working hours. However, under such circumstances, the aggregate number of
working hours shall not exceed 45 hours per week. The requirement to work beyond 35 hours in a
week should not be a practice but only in exceptional circumstances.
Further, where the articled assistant is required to work beyond normal working hours, and
aggregate of such hours exceed 35 hours per week, he / she shall be entitled to compensatory
leave calculated with reference to number of completed working hours, over and above, 35 hours
per week.
Further conduct of training will be regulated as per provisions of the relevant Regulations as
follows: -
Regulation 60: Working hours of an Articled Assistant
โSubject to such directions as may be issued by the Council, the working hours of an articled
assistant shall be 35 hours per week to be regulated by the Principal from time to timeโ.
Regulation 65: Articled assistant not to engage in any other occupation
โWithout the previous permission of the Council, obtained on application made in the approved
form (Form 112), no articled assistant shall, during the period of his service as an articled
assistant, take any other course of study or training, whether academic or professional, or engage
in any business or occupation.โ
Regulation 66: Enquiries against articled assistant
โ(1) Where a complaint or information of any misconduct or breach of Regulation 65 or breach of
any of the covenants contained in the articles is received against an articled assistant from his
principal or any other person, the President or the Vice- President as the Executive Committee may
decide from time to time, may cause an investigation to be made
(2) The Executive Committee may, on a consideration of the report of the investigation and after
giving the articled assistant an opportunity of being heard, make any of the following orders,
namely;-
i. direct that the papers be filed and the complaint be dismissed, if the Executive Committee finds
that the articled assistant is not guilty of any misconduct of breach of Regulation 65 or breach of
any of the covenants contained in the articles; or
ii. if the articled assistant is found guilty, reprimand the articled assistant or cancel the
registration of articles or direct that any period already served under such articles shall not be
reckoned as service for the purpose of the period of practical training specified in Regulation 50.
(3) The articled assistant, the registration of whose articles has been cancelled under this
regulation, shall not, except with the permission of the Executive Committee be retained or taken
as an articled assistant or audit assistant by any memberโ.
Regulation 67: Complaint against the Principal
1) Where an articled assistant makes a complaint against his principal on a matter concerning his
training as an articled assistant, the President or the Vice- President as the Executive Committee
may decide from time to time, may cause an investigation to be made and submit a report to the
Executive Committee.
2) The Executive Committee shall submit the report of the investigation to the Council with its
recommendations.
3) The Council may, on a consideration of the report of the Executive Committee, pass such order
as it may consider expedient, including an order withdrawing the entitlement of the principal to
train one or more articled assistants either permanently or for a specified period:
4) The President or the Vice-President as the Executive Committee may decide from time to time,
may, pending an investigation of the complaint, either terminate or suspend the articles and allow
the articled assistant to be accepted as additional articled assistant by a member, notwithstanding
anything contained in Regulation 43.