ALL You Need To Know About ADT-1

Form ADT-1

ALL You Need To Know About ADT-1

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 with 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.NoShare Capital Value of the CompanyFee in (Rupees)
1Less than 1,00,000200
21,00,000 to 4,99,999300
35,00,000 to 24,99,999400
425,00,000 to 99,99,999500
51,00,00,00 or more600
6Company not having share capital200

What is the penalty for non-filing of Form ADT-1 on time?

Late filing of the ADT 1 form will result in the following penalties:

S.NoDelay in Filing (No of days)Penalty  
1Up-to 302 times of Normal Fees
2More than 30 to 604 times of Normal Fees
3More than 60 to 906 times of Normal Fees
4More than 90 to 18010 times of Normal Fees
5More than 18012 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.