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articleship transfer during 2 year

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 asked

i am in secon year of articleship, i have ligament tear in my both legs and corneal damage in my left eye. i had asked my ca to give me transfer so that I can continue articleship nearby my home. which he gave me consent and signed noc letter, i submitted my request with noc letter to icai. after 2.5 months icai gave me approval for the same. i was not going office since then, now after obtaining approval my ca is denying me to sign form 109 and asking me to take leaves for the same problems and serve extension latter which I dont want. i want to continue my articleship nearby my home so that i dont have to serve extension and delay my final attempt. he is not listening to me at all. now i am bit confused and worried and helpless what to do in this case. plz help me i really need advice and help on this matter.

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Open uri20170510 32134 nwqd3c?1494421745 answered

Hello Rahul, As per terms of Regulation 56(1) of the Chartered Accountants Regulations, 1988, transfer /termination of articles is permitted without any restriction during the first year of articles. The articled assistants are required to get the permission from the Institute before getting Form 109 signed by the Principal in their own interest. But the main question that arises is what if the principal is not willing to issue termination form. Well in that case, articled assistant may submit Form 119/120 to the Secretary of the Institute on the basis of information available with him. On receipt of said forms, the Institute will send the form to the Principal for his signature. If the Service Certificate is not received by the Secretary, ICAI, within 15 days of the expiry of period specified in Regulation 56(1), the certificate shall be deemed to have been issued on the date specified by the articled assistant. Form 119 is to be used when articleship is completed and principal is not issuing completion certificate while Form 120 is used when you want to take transfer.

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Rahul Naryal commented over 2 years ago

ni me ye janna chahta hu ki mujhe transfer mil jayega agr ca 109 sign na kre is case me kunki mere pass ca ka NOC and icai ka apporval letter dono hai. i very tensed and confused. vo bilkul add gaye hai ki he will not sign 109. or mene kai jgha baat ki no one told me about these two forms. i talked to icai vishwas nagar new delhi article section. they also didnt told me abt this and asked me to solve this matter mutually.

Rahul Naryal commented over 2 years ago

and also nitesh sir i dont find form 120 in icai site. is this form a valid form?

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