All you need to know about Form ADT-1

Last Updated at: January 21, 2020
878
All you need to know about Form ADT 1

In case, any company appoints an auditor to go through their account books, as per law, they are required to notify the Registrar of Companies regarding the appointment. The New Companies Act, 2013 makes it mandatory for every company to register the name and other details of the auditor with the ROC as per Section 139 (1) via Form ADT-1. As per this Section, the company must communicate all the details regarding the appointment as soon as possible with the ROC, and failure to do so results in penalties.  Here’s a look at everything you need to know regarding the same. 

DUE DATE: As per the new Companies Act 2013, details regarding the auditor and his/her appointment must be notified to the ROC, at least within 15 days of the appointment. Such notice must be filed through Form ADT 1 which may be found and filled through the MCA portal. For instance, if the AGM in which the auditor was formal appointment occurred on the 30th of September, Form ADT-1 must be filed at least by 14th October.

What is Form ADT-1?

Form ADT- 1 works basically as an intimation to the ROC by every company which appoints an auditor after holding their Annual General Meeting (AGM). This form must be filed every year with the ROC after the conclusion of the AGM, and appointment of the auditor.

Documents Attached with the Form ADT-1

  1. Copy of the Company’s Board Resolution 
  2. Written letter of consent from the Auditor 
  3. Certificate from Auditor stating their authenticity u/s 141
  4. Copy of intimation given to the auditor by the company

Get free legal advice now

Government Filing Fees 

If the nominal share capital

  • Is less than 1 lakh – INR 200
  • Falls between 1 lakh and 5 lakhs – INR 300
  • Is between 5 lakhs and 25 lakhs – INR 400
  • Falls between 25 lakhs and 1 crore – INR 500
  • And falls exceed 1 crore – INR 600

Penalty on Delayed Filing 

If the delay is

  1. Up to 30 days, then the penalty will be twice the normal fees
  2. Between 30 and 60 days, then the penalty will be four times the normal fees
  3. From 60 to 90 days, then the penalty will be six times the normal fees
  4. Between 90 and 180 days, then the penalty will be ten times the normal fees
  5. Exceeds 180 days, then the penalty will be twelve times the normal fees

Important Points for ADT-1 Form

  • All Private/Listed/Unlisted/Public/One Person and any other Company must file Form ADT-1
  • The company itself is responsible for filing the form and this is not the responsibility of the auditor
  • Even if the auditor is appointed casually, Form ADT-1 must be filed.
  • The form may be filed even for the appointment for the company’s first auditor if deemed necessary.
  • Form ADT-1 may be filed electronically online via the Ministry of Corporate Affairs website
  • The e-form uploaded this way will be auto-approved
  • If the form is successfully registered, then the authorities will send an acknowledgement email to the registered email ID of the company
  • Form ADT-1 has replaced the old Form 23B which the auditor was expected to file on receiving the appointment letter from a company. Form 23B was to be filed at least within 30 days after receiving the appointment letter. However when the new Companies Act 2013, was introduced, this procedure was scrapped, and the new Form ADT-1 was introduced.
  • Also while the company files its AOC-4, they must mention the SRN number of ADT-1 form.

The following details of the Auditor must be supplied through the form:

  1. Auditor Category
  2. PAN of auditor
  3. Membership Number of auditor
  4. Auditor FRN
  5. Address/ Email ID of Auditor
  6. Period of appointment
  7. Date of Appointment of the Auditor
  8. Date of AGM
  9. Tenure of the last auditor
  10. Additional details regarding the vacancy
  11. SRN from ADTR-3
  12. FRN of the previous auditor
  13. Reason and date of a casual vacancy

 

5+

All you need to know about Form ADT-1

878

In case, any company appoints an auditor to go through their account books, as per law, they are required to notify the Registrar of Companies regarding the appointment. The New Companies Act, 2013 makes it mandatory for every company to register the name and other details of the auditor with the ROC as per Section 139 (1) via Form ADT-1. As per this Section, the company must communicate all the details regarding the appointment as soon as possible with the ROC, and failure to do so results in penalties.  Here’s a look at everything you need to know regarding the same. 

DUE DATE: As per the new Companies Act 2013, details regarding the auditor and his/her appointment must be notified to the ROC, at least within 15 days of the appointment. Such notice must be filed through Form ADT 1 which may be found and filled through the MCA portal. For instance, if the AGM in which the auditor was formal appointment occurred on the 30th of September, Form ADT-1 must be filed at least by 14th October.

What is Form ADT-1?

Form ADT- 1 works basically as an intimation to the ROC by every company which appoints an auditor after holding their Annual General Meeting (AGM). This form must be filed every year with the ROC after the conclusion of the AGM, and appointment of the auditor.

Documents Attached with the Form ADT-1

  1. Copy of the Company’s Board Resolution 
  2. Written letter of consent from the Auditor 
  3. Certificate from Auditor stating their authenticity u/s 141
  4. Copy of intimation given to the auditor by the company

Get free legal advice now

Government Filing Fees 

If the nominal share capital

  • Is less than 1 lakh – INR 200
  • Falls between 1 lakh and 5 lakhs – INR 300
  • Is between 5 lakhs and 25 lakhs – INR 400
  • Falls between 25 lakhs and 1 crore – INR 500
  • And falls exceed 1 crore – INR 600

Penalty on Delayed Filing 

If the delay is

  1. Up to 30 days, then the penalty will be twice the normal fees
  2. Between 30 and 60 days, then the penalty will be four times the normal fees
  3. From 60 to 90 days, then the penalty will be six times the normal fees
  4. Between 90 and 180 days, then the penalty will be ten times the normal fees
  5. Exceeds 180 days, then the penalty will be twelve times the normal fees

Important Points for ADT-1 Form

  • All Private/Listed/Unlisted/Public/One Person and any other Company must file Form ADT-1
  • The company itself is responsible for filing the form and this is not the responsibility of the auditor
  • Even if the auditor is appointed casually, Form ADT-1 must be filed.
  • The form may be filed even for the appointment for the company’s first auditor if deemed necessary.
  • Form ADT-1 may be filed electronically online via the Ministry of Corporate Affairs website
  • The e-form uploaded this way will be auto-approved
  • If the form is successfully registered, then the authorities will send an acknowledgement email to the registered email ID of the company
  • Form ADT-1 has replaced the old Form 23B which the auditor was expected to file on receiving the appointment letter from a company. Form 23B was to be filed at least within 30 days after receiving the appointment letter. However when the new Companies Act 2013, was introduced, this procedure was scrapped, and the new Form ADT-1 was introduced.
  • Also while the company files its AOC-4, they must mention the SRN number of ADT-1 form.

The following details of the Auditor must be supplied through the form:

  1. Auditor Category
  2. PAN of auditor
  3. Membership Number of auditor
  4. Auditor FRN
  5. Address/ Email ID of Auditor
  6. Period of appointment
  7. Date of Appointment of the Auditor
  8. Date of AGM
  9. Tenure of the last auditor
  10. Additional details regarding the vacancy
  11. SRN from ADTR-3
  12. FRN of the previous auditor
  13. Reason and date of a casual vacancy

 

5+

FAQs

No FAQs found

Add a Question


No Record Found
SHARE