Is consent of Principal mandatory for articleship transfer?

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  1. Bibek Shrestha

    Bibek Shrestha New Member

    I am registered as an article assistant in a CA firm from 12-10-2012 to 12-10-2015(3 years).I could not get termination from articleship from that firm because my Principal didn't agree. However now the articleship tenure is coming to end even though my attendance is not even near 2 years, I want to take transfer from my present firm without completing 3 years attendance and join another firm after 12-10-2015 and do remaining articleship in another firm. Is again consent of my pricipal is required to get termination?
     
  2. Parul_Gupta

    Parul_Gupta Active Member

    Consent of the principal is always required for taking transfer
     
  3. Bibek Shrestha

    Bibek Shrestha New Member

    Even after the articleship tenure is over? Am not I no more obliged to him after the contract tenure is over which I was during the tenure due to legal binding of contract? Isn't legal contract of Articleship between article & Principal expires after the contarcted tenure?
    Firstly the requirement of gaining consent of Principal for transfer during the tenure is because of the establishment of legal bond formed from the contract made for registration of articleship & articleship agreement between principal & article. But it is not merely due to Rules & Regulation framed by ICAI for this purpose or any other reasons whatsoever. So taking into above things in consideration which I think is correct, is still principal's consent required.
     
  4. Ms. Doubtful

    Ms. Doubtful New Member

    Yes, still his consent is required because even after completing the tenure of articleship with your principal, you have to submit form 108 to the Institute, which would again require the consent and signatures of the Principal.
     
  5. Bibek Shrestha

    Bibek Shrestha New Member

    ok, thanks for the reply
     
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