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A company needs to educate the registrar of companies (ROC) about the appointment of its auditor in a defined way.
A company uses FORM ADT-1 to give notice to the registrar of companies (ROC) about the appointment of an auditor after the completion of its annual general meeting (AGM). ADT-1 should be filed by each and every company whether it is a public company or private company or listed company or unlisted company.
Time limit to file the Form ADT-1
Form ADT-1 must be filed with the registrar of companies (ROC) within 15 days from the date of appointment of the Auditor.
Documents that have to be filed along with Form ADT-1?
The documents which have to attach along with Form ADT-1 are:
1. Copy of Board resolution of the company
2. Copy of consent from the auditor
3. An intimation or a certificate from the Auditor that he/she not disqualified to be appointed as an Auditor
The filing fee to file the form ADT-1 is basically depends upon the nominal share capital of the company and the same will increase as well if there will be a delay in the filing of Form ADT-1.
Points to Remember
All companies need to file Form ADT-1 whether it is a Private Company or Listed Company or Unlisted Company or Public Company or One Person Company and any other Company. The company itself is liable for filing the form and this is not the duty of the auditor.
In case the auditor is appointed casually, Form ADT-1 must be filed. The form might be filed in any event for the appointment of the company’s first auditor if deemed necessary. Form ADT-1 might be filed electronically online through the Ministry of Corporate Affairs (MCA) official website.
The E-form uploaded along these lines will be auto-approved.
If the form is successfully filled, then the authorities will send an acknowledgment to the registered email ID of the company.
Form 23B is to be file when the auditor receives an appointment letter from a company but now this form is replaced with Form ADT-1. Before the new Companies Act, 2013 was introduced, Form 23B has to be filed within 30 days after receiving the appointment letter but after the introduction of Companies Act 2013, the new Form ADT-1 was introduced.
While the company preceding its Form AOC-4, they have to mention the SRN number of ADT-1 form filed.
A company needs to intimate regarding the appointment of its auditor in a defined manner to the ROC. Form ADT-1 is to be used here.
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