Form ADT-1 filing procedure: Appointment of First Auditor after Company Incorporation

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About adt 1 filing: adt 1 form filing

Have you incorporated a new company? Here's what you need to do next ─

You will need to appoint the first auditor of the company within thirty days of Company Incorporation and file Form ADT-1 online with the Registrar of Companies within fifteen days of the appointment of an auditor.

Wait! What's an auditor, and who's eligible to become one?

An Auditor is an independent professional who gives an independent report on the financial statements of the company. A practicing chartered accountant or a firm of chartered accountants in India is only eligible to become an auditor for the company.

Is filing Form ADT 1 necessary?

Yes, Filing the ADT 1 Form is necessary to inform the Registrar of Companies about the appointment of the first auditor in the company.

How long does the first auditor hold office in a company?

The first auditor shall hold the office until the First Annual General Meeting concludes.

What is an Annual General Meeting?

An Annual General Meeting is a yearly gathering of shareholders of the company to review the functioning of the company and to act in the best interests of the company.

When should the first AGM be held after the company's incorporation?

The first AGM of the company should be held not later than nine months from the date of the closing of the first financial year in which the company was incorporated.

For instance: If the incorporation date is on 26th June 2024 the first financial year of the company ends on 31st March 2025 and the company shall hold its first AGM on or before 31st December 2025.

What needs to be done at the First AGM of the Company?

At the First AGM of the company the shareholders may accept the appointment of the first auditor or appoint a other auditors for the company.

Chartered ONE's team of experts can help you file Form ADT-1 easily so that you can comply with the legal provisions of the Companies Act 2013 and avoid any legal consequences in the future.

How It's Done

Form ADT 1 Filing can be done in 5 simple steps with Chartered ONE:-

Upload Constitution Documents of the Company

We provide the CA's written consent for appointment along with the eligibility certificate

Sign the Board Resolution appointing our CA

Provide your DSC for signing form

Filing with MCA

Document required for Filing form ADT-1

Document required for filing form ADT-1 is listed below:

Certificate of Incorporation

MOA & AOA

copy of the company's PAN

Signed Board Resolution scanned copy

Written consent from CA for appointment as first auditor

Auditor's certificate stating he is not ineligible or disqualified to be appointed as an auditor under Sec 141

copy of the intimation letter provided by the company to the auditor.

Table of Content

what is Form ADT-1?
Details to be provided in ADT-1 for First Auditors
Document required for Filing form ADT-1
ADT-1 Filing Fees
Form ADT-1 Filing procedure
When to file ADT-1? ADT-1 due date
Consequences of Non filing of ADT-1 form
For ADT-1 and ADT-3: What's the difference?
FAQ's

what is Form ADT-1?

Form ADT-1 is an eForm that allows the company to inform the Registrar of Companies about the appointment of an auditor after the conclusion of the Annual General Meeting under Sec 139 (1) of the Companies Act, 2013. Form ADT-1 Filing is to be done every year with the ROC as a notice of the auditor's appointment at the AGM.

ADT-1 form purpose is to give an intimation to the Registrar of Companies about the appointment of the auditor in a company.

Details to be provided in ADT-1 for First Auditors

The following details are to be provided in Form ADT-1 as listed below:

Category of auditor (firm or an individual practitioner)
PAN number of the auditor
Chartered Accountancy membership number
Office Address
Email-ID
Period of Appointment
Date of appointment along with the date of AGM

Document required for Filing form ADT-1

Document required for filing form ADT-1 is listed below:

Certificate of Incorporation
MOA & AOA
copy of the company's PAN
Signed Board Resolution scanned copy
Written consent from CA for appointment as first auditor
Auditor's certificate stating he is not ineligible or disqualified to be appointed as an auditor under Sec 141
copy of the intimation letter provided by the company to the auditor.

ADT-1 Filing Fees

Form ADT-1 Government Fees are as follows:

Fee for filing of ADT-1 form in case of the company having a share capital

The Government fee is ₹200 per document if the nominal share capital is less than ₹1,00,000, ₹300 if it is between ₹1,00,000 and ₹4,99,999, ₹400 if it is between ₹5,00,000 and ₹24,99,999, ₹500 if it is between ₹25,00,000 and ₹99,99,999, and ₹600 for share capital of ₹1,00,00,000 or more. For better understanding refer the table below:

Sr no.	Nominal Share Capital	Government Fees
1	Less than 1,00,000	₹200 per document
2	1,00,000 to 4,99,999	₹300 per document
3	5,00,000 to 24,99,999	₹400 per document
4	25,00,000 to 99,99,999	₹500 per document
5	1,00,00,000 or more	₹600 per document

In case the company do not have a share capital, the fee for filing e-form ADT-1 is ₹200 per document.

Form ADT-1 Filing procedure

Form ADT-1 filing process is based on 5 simple steps as listed below:

Step 1: Download Form ADT-1 from the MCA website

The form ADT-1 can be downloaded from the Ministry of Corporate Affairs website. Access the MCA V2 portal, Go to "e-Filing" and click on "Company forms Download". Search for the ADT-1 Form and download the form.

Step 2: Enter CIN and autofill data

Enter the valid Corporate Identification Number of your company and click on the "auto-fill" button. The system shall automatically display the name, registered office address and email id of the Company

Step 3: Fill up the remaining sections of the Form

You will need to provide the following details in the form ADT-1

Nature of appointment
Joint auditors details (if any)
Auditor's Details
- Name of Auditor
- Category of Auditor
- PAN
- Membership details
- Address details
Appointment details
- Period of Appointment
- Number of FYs to which appointment relates
- Tenure of the previous auditor
- Date of Appointment
Whether the auditor is appointed due to casual vacancy, if yes enter details

Step 4: Upload Attachments

The following attachments are mandatory to be submitted along with the form:

Copy of written consent given by the auditor
Copy of Board Resolution/Company appointing the auditor

The following attachments are optional:

Copy of the intimation sent by company;
Copy of the letter of appointment from C&AG
Optional attachments, if any.

Step 5: Digitally Sign the form ADT-1

The e-form is required to be digitally signed by the Director, Manager, CEO, CFO or Company Secretary authorized in the Board Resolution. Also, provide the DIN/PAN of the person signing the form as applicable. The person is also required to register his DSC with MCA first.

Step 6: Review & Submit

After checking the form, click the "Pre scrutiny" button. The system performs some checks and displays errors, if any then correct the errors and click on the "Pre scrutiny" button again. If there are no errors, a message is displayed “No errors found”.

When e-Form ADT-1 is registered by the authority, an acknowledgement is sent to the user's email ID by the end of the day.

When to file ADT-1? ADT-1 due date

Form ADT-1 due date is within 15 days from the date of appointment of the Auditor, which means that Form ADT-1 must be filed with the registrar of companies within 15 days from the date of appointment of the Auditor.

For example, if the company’s AGM was held on 30 September 2023, then Form ADT 1 due date for FY 2023-24 is 15 October 2018.

Consequences of Non filing of ADT-1 form

In case the company fails to file the ADT-1 form, late filing fees will be applicable which is as follows:

Sr no.	Period of delays	ADT-1 Due Date Late Fee
1	up to 30 days	2 times of normal fees
2	more than 30 days and up to 60 days	4 times of normal fees
3	more than 60 days and up to 90 days	6 times of normal fees
4	more than 90 days and up to 180 days	10 times of normal fees
5	More than 180 days	12 times of normal fees

For ADT-1 and ADT-3: What's the difference?

Form ADT-1 is an eForm that enables the company to inform the Registrar of Companies about the appointment of an auditor at the AGM. It must be filed by the company within fifteen days from the date of appointment. Form ADT-3 is to be filed when an auditor has resigned from the company. It must be filed by the auditor within thirty days from the date of appointment

Conclusion

The appointment of an auditor is an important decision for a company. The auditor plays a crucial role in ensuring the accuracy and fairness of the company’s financial statements. It is important to choose a qualified and independent auditor who can be trusted to carry out their duties diligently. The appointment process should adhere to all relevant laws and regulations. Missing deadlines or not following regulations, can lead to penalties and also affect your company’s credibility.

For further details on Appointment of Auditor, seek expert guidance from Chartered ONE.

FAQ's on Form ADT-1 filing procedure: Appointment of First Auditor after Company Incorporation

Here are some common questions we receive from our customers. If you have any additional questions, please don’t hesitate to contact us.

1. What is the form ADT-1 for?

The ADT-1 form is a mandatory document used by companies to inform the Registrar of Companies (RoC) about the appointment of their first auditor. This notification is crucial to maintain compliance with the Companies Act, 2013.

2. Who is required to file Form ADT-1?

All companies including listed, unlisted, public and private companies are required to file Form ADT-1 when appointing or reappointing an auditor after the Annual General Meeting (AGM).

3. Whether ADT-1 is mandatory for the first auditor?

Yes, Form ADT 1 is mandatory for the appointment of the first auditor of a company. This form must be filed with the Registrar of Companies within 15 days of the appointment.

4. When to file ADT 1 in case of casual vacancy?

In case of a casual vacancy of an auditor due to resignation, death or disqualification, Form ADT 1 must be filed within 15 days of the Board of Directors or shareholders appointing a new auditor to fill the vacancy.

5. Whether Form ADT 1 is to be filed every year?

No, ADT 1 is not filed every year. It is only required to be filed once for the initial appointment of the first auditor of a company.

6. Is it mandatory to file ADT 1 for OPC?

Yes, it is mandatory for a One Person Company (OPC) to file form ADT 1 when appointing or reappointing an auditor. The OPC must submit ADT 1 within 15 days of the auditor’s appointment to notify the Ministry of Corporate Affairs.

7. Is ADT 1 mandatory for LLP?

No, ADT 1 is not required for Limited Liability Partnership (LLPs). It is specifically for companies incorporated under the Companies Act, 2013. LLPs have their own separate regulations and procedures for appointing auditors.

8. Who can be appointed as an auditor of a company?

A Chartered Accountant (CA) in practice or a form of Chartered Accountants can be appointed as an auditor of a company in India. The CA must be eligible for appointment as per the Companies Act, 2013 and the Chartered Accountants Act, 1949.

9. What are the duties and responsibilities of an auditor?

An auditor’s role is to examine and verify a company’s financial statements to ensure transparency, accuracy, and compliance with legal requirements. They provide an unbiased opinion on the financial health of the organization and help detect fraud or errors. In addition, an auditor of a company also makes recommendations to improve the company’s financial management.

10. What are the qualifications required to become an auditor?

To be appointed as an auditor, the individual must be a qualified Chartered Accountant registered with the Institute of Chartered Accountants of India (ICAI). Audit firms should also have partners who are qualified CAs to be eligible for appointment.

11. What are the documents required for the auditor’s appointment?

The main documents required for appointing an auditor include Form ADT-1, a board resolution, a written consent from the auditor, and a certificate from the auditor stating that the appointment complies with the rules and regulations.

12. Who is responsible for appointing an auditor in a company?

The Board of Directors is responsible for appointing an auditor in the first annual general meeting (AGM) of the company. Shareholders approve the auditor’s appointment during this meeting. For subsequent years, the appointment of an auditor is subject to shareholders approval.

13. What is the term of office of an auditor?

The term of office of an auditor is five consecutive years. After completing this tenure, they can be reappointed for another term of five years subject to shareholders approval. However, certain auditors or audit forms must follow a rotation policy for listed companies or specified companies.

14. What is the rotation policy for auditors?

For listed companies and specified classes of public companies, the same individual auditor cannot be appointed for more than one term of five years. And an audit firm for more than two terms of five consecutive years. After completing their tenure, they are required to take a mandatory cooling-off period of five years before they can be reappointed.

15. What are the recent changes in the Companies Act, 2013 regarding auditor’s appointment?

The Companies Act, 2013 has introduced several changes regarding auditor’s appointment including:

The first auditor of a company (other than a Government company) must be appointed by the Board of Directors.
The term of office of an auditor is five years.
The auditor must be rotated after five consecutive terms.
The company's board or audit committee should consider the qualifications of the proposed auditor.

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