The company is required to inform the Company Registrar (ROC) of the appointment of the auditors after the Annual General Meeting (AGM) is completed in a timely manner. The ADT-1 format should be used here.
What is Form ADT-1?
Form ADT-1 is used by the company to notify the company registrar of the appointment of auditors after the close of the Annual General Meeting (AGM).
Section 139(1) of the New Companies Act 2013 requires that this form be submitted annually after the AGM in which the auditor is appointed
Details of Auditor to be submitted
Classification of auditor (corporate or practitioner), auditor PAN number, certified public accountant number, address, e-mail address, appointment period, appointment date and shareholder meeting date, exempt auditor number, date and reason, etc. If there is an unexpected vacancy etc.
When should you file Form ADT-1?
Form ADT1 must be filed with the Company Registrar within 15 days of the auditor appointment. For example, if your company’s AGM was held on September 30, 2018, Form ADT 1 must be submitted by October 15, 2018.
What are the documents to be filed along with Form ADT-1?
A list of documents that must be attached to the ADT-1 form:
· A copy of the resolution of the board of directors
· Written consent of the auditor
· Certificate of auditor confirming that there is no reason for disqualification to be appointed as an auditor
What is the Fee for filing Form ADT-1?
The cost of filing Form ADT 1 with the company registrar is:
|S.No||Share Capital Value of the Company||Fee in (Rupees)|
|1||Less than 1,00,000||200|
|2||1,00,000 to 4,99,999||300|
|3||5,00,000 to 24,99,999||400|
|4||25,00,000 to 99,99,999||500|
|5||1,00,00,00 or more||600|
|6||The company not having a share capital||200|
What is the penalty for non-filing Form ADT-1 on time?
Late filing of the ADT 1 form will result in the following penalties:
|S.No||Delay in Filing (No of days)||Penalty|
|1||Up-to 30||2 times of Normal Fees|
|2||More than 30 to 60||4 times of Normal Fees|
|3||More than 60 to 90||6 times of Normal Fees|
|4||More than 90 to 180||10 times of Normal Fees|
|5||More than 180||12 times of Normal Fees|
Points to remember
· Submission of Form ADT 1 is mandatory for all listed, unlisted, public, private, and other companies.
· It is generally agreed that ADT 1 is not required for the appointment of the first auditor. This is because section 4(2) of the 2014 Company Regulations only mentions section 139(1) regarding the appointment of an auditor and does not refer to section 139(6) regarding the appointment of the first auditor. However, it is recommended that you also submit Form ADT 1 for your first auditor appointment.
· Responsibility for ADT 1 submission rests with the company, not the auditor.
· A Form ADT 1 must be submitted even if the auditor is randomly appointed.
E-filing of Form ADT-1
· You can fill out Form ADT 1. The form can be downloaded from the Ministry of Corporate Affairs (MCA) website.
· E-forms are automatically approved
· When this form is registered with the relevant institution, a confirmation e-mail is sent to the registered e-mail ID.
Companies (Audit and Auditors) Amendment Rules, 2018
In February 2018, MCA amended Company (Audit and Auditors) Rules, Regulation 2014 by replacing the ADT 1 and ADT 2 forms with new forms. Therefore, the new ADT 1 form is available on the MCA website for the current year.