ADT-1 Filing (Auditor Appointment)
Quick Answer
ADT-1 Filing (Auditor Appointment) India is a mandatory e-form filed with the Registrar of Companies (ROC) under the Companies Act, 2013, to notify the appointment of an auditor for a company. This compliance ensures transparency in financial reporting and is a key part of annual filings for Indian companies..
ADT-1 Filing (Auditor Appointment) — detailed explanation below
Governing Act — ADT-1 Filing (Auditor Appointment) India
The ADT-1 filing is governed by Section 139 of the Companies Act, 2013, which deals with the appointment of auditors. Rule 4 of the Companies (Audit and Auditors) Rules, 2014 prescribes the form and procedure. The form must be filed within 15 days of the annual general meeting (AGM) in which the auditor is appointed.
Government Department & Website for ADT-1 Filing (Auditor Appointment) India
The Ministry of Corporate Affairs (MCA) administers the ADT-1 filing through its portal at www.mca.gov.in. The form is filed electronically via the MCA21 system, and the Registrar of Companies (ROC) of the respective state or union territory processes it.
ADT-1 Filing (Auditor Appointment) India Application Process
The process involves the following steps: (1) Hold an AGM and pass an ordinary resolution appointing the auditor. (2) Obtain the auditor's consent in writing. (3) Log in to the MCA portal, fill Form ADT-1 with company details, auditor details, and date of appointment. (4) Attach required documents (e.g., board resolution, auditor consent). (5) Pay the prescribed fee and submit. (6) Upon verification, the ROC issues a certificate of registration.
Key Forms Required for ADT-1 Filing (Auditor Appointment) India
The primary form is Form ADT-1 (Notice of Appointment of Auditor). Supporting documents include: (a) Certified copy of the board resolution or ordinary resolution passed at the AGM, (b) Written consent of the auditor (Form ADT-2 in some cases), (c) Certificate from the auditor confirming eligibility under Section 141 of the Companies Act, 2013.
Eligibility Criteria for ADT-1 Filing (Auditor Appointment) India
Only a practicing chartered accountant (CA) firm or an individual CA holding a valid certificate of practice can be appointed as an auditor. The auditor must not be disqualified under Section 141 of the Companies Act, 2013 (e.g., being an officer or employee of the company). The company must have held its AGM and passed the appointment resolution before filing.
Timeline for ADT-1 Filing (Auditor Appointment) India
The ADT-1 form must be filed within 15 days of the AGM in which the auditor is appointed. No specific timeline for processing is prescribed by law; the ROC typically processes the form within a few weeks. Note that no time estimate can be guaranteed as court or government processing times vary.
Fees for ADT-1 Filing (Auditor Appointment) India
The government fee for filing ADT-1 is based on the company's authorized share capital. Below is the fee structure as per MCA rules:
| Authorized Share Capital | Fee (INR) |
|---|---|
| Up to ₹1,00,000 | ₹200 |
| ₹1,00,001 to ₹5,00,000 | ₹300 |
| ₹5,00,001 to ₹10,00,000 | ₹500 |
| ₹10,00,001 to ₹25,00,000 | ₹1,000 |
| Above ₹25,00,000 | ₹2,000 |
Additional professional charges may apply for document preparation and filing assistance.
Frequently Asked Questions
What is ADT-1 Filing (Auditor Appointment) India?
ADT-1 Filing (Auditor Appointment) India is an e-form filed with the ROC to notify the appointment of an auditor for a company under Section 139 of the Companies Act, 2013. It is a mandatory compliance requirement.
Who needs to file ADT-1 Filing (Auditor Appointment) India?
Every company incorporated under the Companies Act, 2013 must file ADT-1 within 15 days of appointing an auditor at its AGM. This applies to both private and public companies.
What is the due date for ADT-1 Filing (Auditor Appointment) India?
The due date is 15 days from the date of the AGM where the auditor is appointed. Late filing attracts additional fees as per the Companies Act.
What documents are required for ADT-1 Filing (Auditor Appointment) India?
Required documents include a certified copy of the board resolution or ordinary resolution, the auditor's written consent, and a certificate of eligibility under Section 141.
What is the penalty for late ADT-1 Filing (Auditor Appointment) India?
Late filing attracts an additional fee of ₹100 per day until the form is filed. The company and its officers may also face prosecution for non-compliance.
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