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Appointment of Auditor

Appointment of auditor Form ADT-1: Documents Required, When to File, Due Date, Fees, Penalty

Appointment of auditor Form ADT-1:

A company uses form ADT-1 to inform the Registrar of Companies (ROC) about the appointment of  Auditor each year in a prescribed manner. When a company appoints an auditor, it is mandatory to inform the ROC about the appointment of auditor as per section 139(1) of the Companies Act, 2013. It is to be filed within 15 days of its annual general meeting or first board meeting.

                    

              What is Form ADT-1?

Form ADT-1 is an intimation filed by every company with the registrar of companies at the MCA portal about the appointment of the Auditor of the company. Under section 139 of the Companies Act, 2013, all companies  file this form within 15 days of the annual general meeting where the new Auditor is appoint. It is require to be fill every year with ROC as a notice of appointment of the Auditor after the annual general meeting.

 

When Should the Form ADT-1 be Filed with MCA?

nnual General Meeting in which the appointment of Auditor
ADT-1 Form is require to be filed with the Registrar of Companies within 15 days of the Annual General Meeting in which the appointment of Auditor was appoint or reappoint. For example, if the company’s AGM was held on 30th September 2021, the company  file the Form ADT-1 on the MCA portal by 14th October 2021.
Form ADT-1  filed within 15 days from the company’s first board meeting in case of new incorporation of a company. The first board meeting is require to be conduct within 30 days of incorporation in which the board of directors appoints the Auditor of the company.

 

Documents Required to be Filed With Form ADT-1

 

  1. Copy of Company’s Board Resolution
  2. Written Consent from the Auditor for appointment
  3. Certificate from Auditor that he/she is not disqualify from being appoint as an Auditor u/s 141
  4. Copy of Intimation given by the company to the Auditor

 

 

        Fees of Filing Form ADT-1 on MCA Portal

The fees of filing Form ADT-1 with the registrar of companies are as follows:

Serial No. Share capital of company (Rs) Fees (Rs)
1 Less than 1 lakh 200
2 Between 1,00,000 and 4,99,999 300
3 Between 5,00,000 and 24,99,999 400
4 Between 25,00,000 and 99,99,999 500
5 1,00,00,000 or above 600

 

 

           Penalty on Late Filing of Form ADT-1

Failure to file Form ADT-1 on time or late filing will lead to a penalty which are as follows:

Serial No. Delay in Filing (No. of Days) Penalty Applicable
1 Upto 30 days Twice the Normal Fees
2 Between 30 days to 60 days 4 times of Normal Fees
3 Between 60 days to 90 days 6 times of Normal Fees
4 Between 90 days to 180 days 10 times of Normal Fees
5 More than 180 days 12 times of Normal Fees

 

 

Important Points regarding Form ADT-1

All the companies  file Form ADT-1 whether it is a listed, unlisted, private, public, or other company.
It is the company’s responsibility to file Form ADT-1, not the auditor.
The company is require to file Form ADT-1 even when the appointment of an auditor is for a casual vacancy.
It is believe generally that Form ADT-1 is not require to be fill for the appointment of the first auditor because rule 4(2) of company rules, 2014 mentions only about section 139(1) -appointment of auditors and not about section 139(6) – appointment of the first auditor.
Important Points regarding Form ADT-1

However, filing Form ADT-1 for the appointment of the first auditor is recommend and is a good practice.

 

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