AUDITOR APPORTIONMENT ROC FILLING
When a firm appoints an auditor, it is under obligation to acknowledge the registrar of companies (ROC) about the appointment of auditor in a described manner as per section 139 (1) of new companies act 2013. Form ADT-1 is employed for this purpose. Under Section 139 (1) of new companies act 2013, a firm shall communicate the auditor of its appointment and at the equivalent time, a notice of such appointment requires to be filed with the registrar of company within 15 days of this appointment. According to the rules, such notice regarding the auditor appointment is required to be filled in Form ADT 1 in MCA portal.
Form ADT- 1 is used by a company to denote the registrar of companies about the appointment of an auditor after the completion of its annual general meeting (AGM). The new Companies Act 2013 – Sec 139 (1) mandates this and this form need to be filed every year after the AGM in which the auditor was appointed.
Frequently Asked Questions
In Case of Newly Incorporated Company: - Form ADT-1 must be filed with the registrar of companies within 15 days from the date of appointment of the Auditor.
In Other Cases: - Form ADT-1 should be filed by the company with the registrar of companies within 15 days of the date of AGM in which Auditor was appointed or reappointed as the case may be. For example, if the company’s AGM was conducted on 30 September 2020, then the company should file Form ADT-1 by 15th October 2020.
These documents are required to attached along with Form ADT-1:
- Company’s Board resolution copy
- A written consent from the Auditor
- A certificate from the Auditor where mention that he/she not disqualified to be appointed as an Auditor
- Corporate Identification Number (CIN) of the company
- Nature of appointment
- Permanent Account Number (PAN) of auditor or auditor’s firm
- Name of the auditor or auditor’s firm
- Membership No. of auditor or auditor’s firm’s registration number
- Address of the Auditor or auditor’s firm
- Period of account for which appointed
- Person vacated the office
- Membership no. of auditor or Registration no. of auditor’s firm who has vacated the office
- E-filing of Form ADT-1
You can follow below steps to file form ADT-1
Step 1- Download form ADT1
Download form ADT-1 from MCA site. It is advised that do not download from any other website as those forms may not be the recent updated one.
Step 2- Fill up the required details with respect to Company & Auditor
Fill up all the required details correctly as asked for in the form. If you have collected above mentioned information, then it will be easier for you to fill the form.
Step 3- Attach Appointment letter, Consent Letter & Resolution
Attach scanned copies of appointment letter sent by the company, consent letter given by auditor, and certified copies of resolution for an appointment.
Step 4- E-Sign Form with DSC
Sign form ADT-1 with authorized director’s valid DSC (digital signature certificate). Keep remember company auditor is not required to sign the form.
Step 5- Click on check & pre-scrutiny
Now in the last step, before uploading to the MCA site click on check and pre-scrutiny.
Step 6- Upload Form
Go to MCA site and Upload your form after logging in to your account.
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