ADT-1 Filing

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ADT-1 Form for Appointment of First Auditor

ADT-1 is a form used for intimating the Registrar of Companies about the appointment of the first auditor of a company. Once the auditor has been appointed, the company must file Form ADT-1 with the ROC within fifteen days of the appointment.

The first auditor appointed by the company holds office until the conclusion of the first Annual General Meeting (AGM). The AGM should be kept within nine months from the end of the fiscal year in which the company was incorporated. At the AGM, the shareholders of the company can either ratify the appointment of the first auditor or appoint a new auditor for the company.

Appointing an auditor for the first time can be overwhelming for a new company. However, complying with the provisions of the Companies Act is crucial to avoid any legal consequences in the future. It is a mandatory compliance requirement for companies in India, and failure to file Form ADT-1 can result in penalties and fines.

IndiaFilings can assist you in filing Form ADT-1 and help you comply with the legal requirements for the appointment of an auditor for your company.

Form ADT-1 is an 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.

Form ADT-1 contains details such as the name, address, and qualifications of the appointed auditor. 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.

Form ADT-1, as it is mandatory for all companies to file this Form with the Registrar of Companies. Every company that has appointed an auditor, whether it is a public, private, listed, or unlisted company, it must file Form ADT-1 within the prescribed time frame.

However, to file Form ADT-1, the company should have appointed an auditor as per the provisions of the Companies Act 2013. The auditor should also have provided written consent for their appointment as the auditor of the company. Additionally, the auditor should also provide a certificate stating that they are not disqualified or ineligible to be appointed as an auditor under Section 141 of the Companies Act, 2013.

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, as the case may be. 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.

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

  • Category of the auditor – Firm or an individual practitioner
  • Chartered Accountancy membership number
  • Address, Email-id
  • PAN number of the auditor
  • The period for which an appointment is made
  • Membership number of vacated auditor
  • Date of appointment o along with the date of AGM
  • Date and reason for the casual vacancy, if any etc

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

  • Board resolution copy passed in the annual general meeting appointing the auditor.
  • Written consent from the auditor about the appointment.
  • A certificate from the auditor stating that they are not ineligible or disqualified to be appointed as an auditor under Section 141 of the Companies Act, 2013.
  • Copy of the intimation provided by the company to the auditor
  • It is essential to ensure that all the necessary documents are attached to Form ADT-1 to comply with legal requirements and avoid penalties or fines.

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

Sl.No Delay in Filing (in number of days) Penalty Leviable
1 Up to 30 days Two times of Normal Fees
2 More than 30 days and upto 60 days Four times of Normal Fees
3 More than 60 days and upto 90 days Six times of Normal Fees
4 More than 90 days and upto 180 days Ten times of Normal Fees
5 More than 180 days 12 times of Normal Fees

Some other important points to consider regarding Form ADT-1:

  • All companies, whether listed, unlisted, public, private, or any other company, must file Form ADT-1 according to the Section 139(1) of the Companies Act, 2013.
  • The company is responsible for Filing Form ADT-1 and not the auditor.
  • Form ADT-1 must be filed for the appointment of the auditor is for a casual vacancy.
  • 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.
  • 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.

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

  • Document Preparation: We can assist in preparing all the necessary documents required for filing FORM ADT-1.
  • Review of Documents: Our experts can review the documents to ensure that all the necessary details are included and there are no errors.
  • 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.
  • Compliance Check: Our team can ensure that the company complies with all the relevant laws and regulations related to the appointment of an auditor.
  • Regular Updates: We can inform the company of any updates or changes related to the Filing of FORM ADT-1.

By availing of our services, the company can save time and effort and ensure a hassle-free filing of FORM ADT-1 with the Registrar of Companies.

ADT-1 Filing FAQ’s

What is ADT-1 Form?

In India, according to the Companies Act 2013, companies must appoint an auditor within 30 days of incorporation. The ADT-1 Companies use the Form to inform the Registrar of Companies (RoC) about the appointment of their first auditor.

When is ADT-1 Form required to be filed?

The ADT-1 Form must be filed within fifteen days from the company’s first board meeting, which must be held within 30 days of the company incorporation in which the board of directors of the company appoints an auditor.
For existing companies, the ADT-1 Form should be filed within 15 days after the Annual General Meeting (AGM) in which the auditor was appointed or reappointed.

Is it mandatory to file ADT-1 Form for appointment of the first auditor?

Yes, it is mandatory for companies in India to file the ADT-1 Form for the appointment of their first auditor.
As per Section 139 of the Companies Act 2013, every company must appoint an auditor within 30 days of its incorporation. The company is then required to file the ADT-1 Form with the Registrar of Companies (RoC) within the next 15 days after the appointment of the first auditor.

What are the details that need to be provided in the ADT-1 Form for the appointment of the first auditor?

The details required for ADT-1 Form include the auditor’s category, PAN number, Chartered Accountancy membership number, address, email-id, the period for which the appointment is made, and the date of the appointment.

Can the ADT-1 Form be filed online?

Yes, the ADT-1 Form can be filed online in India through the Ministry of Corporate Affairs (MCA) portal.

Is it mandatory to attach any documents along with ADT-1 Form?

Yes, certain documents need to be attached along with the ADT-1 Form for the appointment of the first auditor in India.
The following documents are required to file the ADT-1 Form:

  • Copy of the intimation letter sent to the proposed auditor
  • Copy of the written consent of the proposed auditor to act as the auditor of the company
  • The resolution passed by the Board of Directors for the appointment of the auditor
  • A certificate from the proposed auditor that he/she is eligible for appointment as per the provisions of the Companies Act, 2013 and the Chartered Accountants Act, 1949.

What is the penalty for not filing ADT-1 Form?

The late filing fees for filing the ADT-1 Form after the due date but within 30 days is two times the normal filing fees. If the Form is filed after 30 days but within 60 days, the late filing fees are four times the normal filing fees. In case the Form is filed after 60 days from the due date, the late filing fees are six times the normal filing fees.

Can an individual practitioner be appointed as an auditor through ADT-1 Form?

Yes, an individual practitioner can be appointed as an auditor through the ADT-1 Form in India.
As per Section 141 of the Companies Act 2013, an individual who is a chartered accountant in practice can be appointed as an auditor of a company. The individual practitioner must also fulfill the eligibility criteria as specified under Section 141, such as not being disqualified from an appointment as an auditor.

Is it necessary to file ADT-1 Form every year?

No, it is not necessary to file the ADT-1 Form every year in India. Once the first auditor is appointed and the ADT-1 Form is filed, the subsequent appointment of the auditor can be made by passing a resolution in the AGM and intimating the Registrar of Companies (RoC) about the same without the need to file the ADT-1 Form again.
However, in case of any change in the auditor appointed previously, the company must inform the RoC about the same by filing Form ADT-3 within 30 days of such change.

Who is responsible for filing ADT-1 Form?

As per the Companies Act 2013, the Board of Directors of the company is responsible for appointing an auditor and ensuring that the ADT-1 Form is filed with the Registrar of Companies (RoC) within the prescribed time frame.

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