ADT-1 Form for Appointment of First Auditor
When a company appoints an auditor, it is under obligation to acknowledge the registrar of companies (ROC) about the appointment of the auditor in a prescribed manner as per section 139 (1) of the new companies act 2013. Form ADT-1 is used for this purpose.
Under Section 139 (1) of the new companies act 2013, a company shall communicate to the auditor of its appointment and at the same time, a notice of such appointment has to be filed with the registrar of companies within 15 days of this appointment. As per the rules, such notice regarding the auditor appointment is required to be filled in Form ADT 1 in the MCA portal.
Through this article, we are trying to narrate to you a brief understanding of form ADT-1. Here we go:
File ADT-1 Form via ROC Software
What is Form ADT-1 MCA?
Form ADT- 1 can be referred to an intimation filed by every company with the Registrar Of Companies about the appointment of an auditor after the inference of its Annual General Meeting (AGM) u/s 139 of The Companies Act, 2013 (fourth proviso to sub-section (1)).
According to Sec 139 (1) of the new Companies Act 2013, it is mandatory to file this form every year with the Registrar Of Companies as a notice of appointment of an auditor after the AGM wherein the new auditor was named.
When should the MCA Form ADT-1 be Filed?
IN CASE OF NEW COMPANY INCORPORATION:- Form ADT-1 is required to be filed within 15 days from the first board meeting of the company which is required to be held within 30 days of incorporation in which auditor is appointed by the board of directors of the company.
FOR EXISTING COMPANY:- Form ADT-1 should be filed by the company with the registrar of companies within 15 days of the AGM in which the Auditor was appointed or reappointed as the case may be. For example, if the company’s AGM was conducted on 30 September 2024, then the company should file Form ADT-1 by 15th October 2024.
What are the Documents which Need to be Attached to Form ADT-1?
Following is the list of documents which need to be attached to Form ADT-1:
- Company’s Board resolution copy/resolution passed in annual general meeting
- Written consent from the Auditor regarding the appointment
- A certificate from the Auditor that he/she/it is not disqualified or ineligible to be appointed as an Auditor u/s 141
- Copy of the intimation given by the company to the auditor
Read also: Complete Guide of Filing ROC Return E-forms
What are the Filing Fees of MCA Form ADT-1 with the Registrar of the Companies?
The filing fees of form ADT 1 with the registrar of companies are as follows:
| Sl.No | Nominal Share Capital of the Company | Fee in (INR) |
|---|---|---|
| 1 | < INR 1,00,000 | 200 |
| 2 | Between 1,00,000 and 4,99,999 | 300 |
| 3 | Between 5,00,000 and 24,99,999 | 400 |
| 4 | Between 25,00,000 and 99,99,999 | 500 |
| 5 | > or equal to 1,00,00,00 | 600 |
What is the Amount of Penalty Which is Imposed on Delayed Filing of Form ADT-1?
Late due date and filing penalty of ADT 1 form will lead to the imposition of the following penalties:
| Sl.No | Delay in Filing (in no. of days) | Penalty Leviable |
|---|---|---|
| 1 | Up to 30 days | Twice the Normal Fees |
| 2 | More than 30 days but less than 60 days | 4 x Normal Fees |
| 3 | More than 60 days but less than 90 days | 6 x Normal Fees |
| 4 | More than 90 days but less than 180 days | 10 x Normal Fees |
| 5 | More than 180 days | 12 x Normal Fees |
Other Important Points for ADT-1 Form
- All the companies are mandatorily required to file Form ADT 1, be it a listed, unlisted, public, private, or any other company.
- The only company responsible to file Form ADT 1 and not the auditor.
- The company has to file Form ADT 1 even when the appointment of the auditor is for a casual opening.
- In general, it is believed that Form ADT 1 does not to be filed when the first auditor is appointed because rule 4 (2) of company rules, 2014 states Sec 139 (1) – appointment of auditors only and not Sec 139 (6) – appointment of the first auditor. However, it is recommended that Form ADT 1 should be filed even for the appointment of the first auditor.
E-filing of Form ADT-1
- Form ADT 1 can be filed electronically and is available for download on the website of the Ministry of Corporate Affairs (MCA)
- E-form is auto-approved
- The concerned Authority sends an acknowledgement email on the registered email ID on the successful registration of the E-form
Companies (Audit and Auditors) Amendment Rules, 2018
MCA made changes in the Companies (Audit and Auditors) Rules, 2014 in February 2018, in which Form ADT 1 and Form ADT-2 were replaced with new forms. Now the new Form ADT-1 can be downloaded for the existing year from the MCA website
MCA ADT-1 Form PDF Format
Concussion
Form ADT-1 holds the utmost importance when it comes to the appointment of an auditor in your company. These Forms are mandatory to be filed by the companies within the prescribed deadline of 15 days.
Well, with the advancement of technology and the launching of new software every day, this process has also been simplified and automated.
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