Documents Required and Filing Process for Form ADT-1

Form ADT-1 is a statutory form used by a company to inform the Registrar of Companies (ROC) about the appointment of the company’s auditor, in accordance with Section 139(1) of the Companies Act, 2013. It is mandatory to file ADT-1 within 15 days of the conclusion of the Annual General Meeting (AGM) or the board meeting in which the auditor is appointed.

• Filing of ADT-1 is required each time an auditor is appointed or re-appointed post-AGM, detailing the auditor’s credentials, tenure, and company information.

• The form includes data such as the auditor’s PAN, membership number, firm details, appointment period, and date of AGM.

• This compliance promotes transparency and ensures that the ROC has updated records of statutory auditors for monitoring and regulatory purposes.

                  Overview of Form ADT-1

Form ADT-1 is a mandatory intimation that companies file with the Registrar of Companies (ROC) through the MCA portal to notify about the appointment or reappointment of the company’s auditor. According to Section 139 of the Companies Act, 2013, every company must file this form within 15 days following the annual general meeting (AGM) in which the auditor is appointed or reappointed. This filing is required annually to ensure proper disclosure and regulatory compliance regarding the auditor’s appointment with the ROC.

Timeline for Filing Form ADT-1 with MCA

Form ADT-1 must be submitted to the Registrar of Companies (ROC) within 15 days following the Annual General Meeting (AGM) where the auditor is appointed or reappointed. For instance, if the AGM takes place on 30th September 2021, the deadline to file Form ADT-1 on the MCA portal would be 14th October 2021.

In the case of a newly incorporated company, Form ADT-1 should be filed within 15 days of the first board meeting. This board meeting must be held within 30 days from the date of incorporation, during which the board of directors appoints the company’s auditor.

Required Documents to be Filed With Form ADT-1

1. Certified copy of the Board Resolution passed by the company .

2. Written consent from the auditor agreeing to accept the appointment

3. Declaration from the auditor confirming that they are not disqualified from holding the position under Section 141 of the Companies Act

4. A copy of the notice or intimation sent by the company to the auditor regarding their appointment

      Form ADT-1 Filing Fees on MCA Portal

These fees must be paid at the time of filing the form with the ROC.

          Additional Charges on Late Filing of Form ADT-1

Failure to file Form ADT-1 within the prescribed timeframe attracts penalties based on the duration of the delay as outlined below:

The penalty amount is calculated as a multiple of the usual filing fee based on how late the form is submitted.

Essential Facts about Form ADT-1

• All the companies must 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 required to file Form ADT-1 even when the appointment of an auditor is for a casual vacancy.
• It is believed generally that Form ADT-1 is not required to be filed 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. However, filing Form ADT-1 for the appointment of the first auditor is recommended and is a good practice.

Why Monitrix?

At Monitrix, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.