01 Mar Form ADT-1
What Exactly is Form ADT-1?
Form ADT-1 serves as the official document utilized by companies to inform the Registrar of Companies about the appointment of an auditor subsequent to the completion of their Annual General Meeting (AGM). It is a statutory requirement outlined in Section 139(1) of the Companies Act 2013, stipulating the filing of this form each year following the AGM wherein the auditor was appointed.
Key Details to Provide
When submitting Form ADT-1, companies are required to furnish essential details pertaining to the auditor’s appointment. These include specifying whether the auditor is a firm or an individual practitioner, providing the auditor’s PAN number, Chartered Accountancy membership number, address, email ID, the tenure of the appointment, appointment date along with the AGM date, membership number of the vacated auditor (if applicable), as well as the date and reason for any casual vacancy.
Timely Filing is Paramount
Ensuring compliance, Form ADT-1 must be filed with the Registrar of Companies within 15 days from the date of the auditor’s appointment. For instance, if an AGM took place on September 30, 2018, Form ADT-1 should be submitted by October 15, 2018.
Required Attachments
Alongside Form ADT-1, certain documents need to be attached, including a copy of the company’s Board resolution, written consent from the appointed auditor, and a certificate from the auditor affirming their eligibility for appointment.
Understanding the Fee Structure
The filing of Form ADT-1 incurs a fee, which varies based on the company’s share capital value. Penalties for Late Filing: Failure to file Form ADT-1 within the stipulated timeframe attracts penalties, escalating with the duration of delay.
Crucial Points to Keep in Mind
Several important considerations surround the filing of Form ADT-1:
- It is mandatory for all types of companies, whether listed, unlisted, public, private, or others.
- Despite certain interpretations suggesting otherwise, it's advisable to file Form ADT-1 even for the appointment of the first auditor.
- The responsibility for filing rests with the company, not the auditor.
- Form ADT-1 must be filed in the event of auditor appointment due to a casual vacancy.
Embracing E-filing
Companies can opt for e-filing of Form ADT-1, streamlining the process. The form is readily available for download from the Ministry of Corporate Affairs (MCA) website, and once submitted, e-forms are auto-approved. Subsequently, an acknowledgment email is dispatched to the registered email ID upon registration by the concerned authority.
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