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ADT-1 Form for Appointment of First Auditor

Explore all the details you need about ADT-1 Form for Appointment of First Auditor, tailored for your needs.

ADT-1 is a mandatory form for appointing the first auditor of a company within 30 days of incorporation.

Solocorp assists in filing Form ADT-1 and ensuring compliance with the Companies Act 2013. By filing this form within the prescribed timeline, we help you avoid penalties and legal complications. Our expert team provides complete assistance throughout the process, ensuring that your company adheres to the statutory requirements for auditor appointment. This crucial step ensures your company remains in good standing with the Registrar of Companies, safeguarding your business from potential legal issues.

Form ADT-1

Form ADT-1 is a mandatory intimation filed by companies with the Registrar of Companies about the appointment of an auditor after the conclusion of the Annual General Meeting (AGM) under Section 139 (1) of the Companies Act, 2013. It is mandatory for companies to file this Form every year with the ROC as a notice of appointment of an auditor after the AGM, where the new auditor was named.

  • Details Included: Form ADT-1 contains details such as the name, address, and qualifications of the appointed auditor.
  • Filing Deadline: It is essential for companies to file this Form within 15 days of the AGM to ensure compliance with legal requirements and avoid any penalties or fines.

Requirements for Filing Form ADT-1

Form ADT-1 must be filed by all companies who have appointed an auditor. It is mandatory for all companies, whether public, private, listed, or unlisted, to file Form ADT-1 within the prescribed time frame after the appointment of an auditor.

Auditor Appointment

Written Consent

Eligibility Certificate

Due Date for Filing MCA Form ADT-1

In the case of new company incorporation, Form ADT-1 must be filed within fifteen days from the company's first board meeting, which must be held within 30 days of company incorporation in which the board of directors of the company appoints an auditor.

Form ADT-1 should be filed for an existing company within 15 days after the Annual General Meeting (AGM) in which the auditor was appointed or reappointed. For instance, if the company's AGM was conducted on September 30, 2023, the company should file Form ADT-1 by October 14, 2023.

Companies need to file Form ADT-1 within the specified timeline to avoid any penalties or fines.

Compliance with Legal Requirements

  • Filing Form ADT-1 within the prescribed timeline ensures compliance with the Companies Act 2013.
  • Failure to file on time can result in penalties and fines.

Assistance from Solocorp

  • Solocorp can assist companies in filing Form ADT-1 within the prescribed timeline to ensure full compliance with legal requirements.

Details of Auditor to be Submitted

The following information from the auditor is to be furnished in Form ADT-1:

Category of Auditor

  • Specify whether the auditor is a firm or an individual practitioner.

Chartered Accountancy Membership Number

  • The membership number of the chartered accountant.

Address and Contact Details

  • The address, email ID, and PAN number of the auditor.

Period of Appointment

  • The period for which the auditor has been appointed.

Vacated Auditor Details

  • The membership number of the vacated auditor (if applicable).

Date of Appointment

  • The date of appointment along with the date of AGM.

Casual Vacancy (if any)

  • The date and reason for the casual vacancy, if applicable.

Documents Required for Filing Form ADT-1

Documents Required for Filing Form ADT-1 is listed as follows:

Board Resolution Copy

Written Consent from the Auditor

Auditor's Certificate

Intimation Copy

Penalty on Delayed Filing of Form ADT-1

The due date and filing penalty of the Form ADT 1 will lead to the imposition of the following penalties:

  • Up to 30 days

    Two times of Normal Fees

  • More than 30 days and up to 60 days

    Four times of Normal Fees

  • More than 60 days and up to 90 days

    Six times of Normal Fees

  • More than 90 days and up to 180 days

    Ten times of Normal Fees

  • More than 180 days

    12 times of Normal Fees

Important points to consider regarding Form ADT-1

Filing Requirement

  • All companies, whether listed, unlisted, public, private, or any other company, must file Form ADT-1 according to Section 139(1) of the Companies Act, 2013.

Responsibility for Filing

  • The company is responsible for filing Form ADT-1 and not the auditor.

Casual Vacancy

  • Form ADT-1 must be filed for the appointment of the auditor if it is for a casual vacancy.

First Auditor Appointment

  • Although Rule 4(2) of the Companies (Audit and Auditors) Rules, 2014, only mentions Section 139(1) – appointment of auditors and not Section 139(6) – appointment of the first auditor, it is recommended that companies file Form ADT-1 even for the appointment of the first auditor.

Compliance and Timeliness

  • It is essential to ensure that Form ADT-1 is filed within the prescribed timeline and that all necessary documents are attached to the form to ensure compliance with legal requirements and avoid penalties or fines.

Filing of FORM ADT-1

IndiaFilings can help in filing FORM ADT-1 by providing expert assistance and guidance throughout the process. Our services include:

1

Document Preparation

We can assist in preparing all the necessary documents required for filing FORM ADT-1.

2

Review of Documents

Our experts can review the documents to ensure that all the necessary details are included and there are no errors.

3

Filing of Form ADT-1

We can file the FORM ADT-1 on behalf of the company using our expertise and knowledge of the process.

4

Compliance Check

Our team can ensure that the company complies with all the relevant laws and regulations related to the appointment of an auditor.

5

Regular Updates

We can inform the company of any updates or changes related to the Filing of FORM ADT-1.

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Startup
Registrations
MCA Services
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