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Form ADT-1: Appointment of First Auditor
When you start a company, one of the first compliance requirements is appointing an auditor. But here’s the catch—it’s not just about appointing an auditor; you also need to inform the Registrar of Companies (ROC) through ADT-1 filing.
- Document Preparation – We gather and prepare all required documents.
- Compliance Review – Ensuring accuracy and completeness before submission.
- Hassle-Free Filing – We submit Form ADT-1 on your behalf to the ROC.
- Regular Updates – Keeping you informed about compliance requirements.
Filing Form ADT-1 might seem simple, but missing a deadline or submitting incorrect information can cause unnecessary complications.
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Private Limited Company
What is Form ADT-1?
Form ADT-1 is an official notification submitted to the ROC regarding the appointment of an auditor. This filing is mandatory under Section 139(1) of the Companies Act, 2013 and ensures transparency in financial audits.
When Should Form ADT-1 Be Filed?
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- For newly incorporated companies: Within 15 days of appointing the first auditor, which must be done within 30 days of incorporation.
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- For existing companies: Within 15 days of the Annual General Meeting (AGM), where the auditor is appointed or reappointed.
🚀 Example: If a company holds its AGM on September 30, 2024, it must file Form ADT-1 by October 14, 2024.
Why is Filing Form ADT-1 Important?
Failing to file Form ADT-1 on time can lead to penalties and compliance issues. Companies that miss the deadline may have to pay late filing fees, which increase over time.
Who Needs to File Form ADT-1?
All public, private, listed, and unlisted companies must file Form ADT-1 upon appointing an auditor. However, Limited Liability Partnerships (LLPs) are exempt from this requirement.
Key Details Required for Form ADT-1🗂️
When filing Form ADT-1, the following information must be provided:
- Auditor’s Name & Category (Individual or Firm)
- Membership Number & PAN
- Auditor’s Address & Contact Details
- Appointment Date & Term Duration
- Details of Previous Auditor (if applicable)
- Reason for Any Casual Vacancy (if applicable)
Documents Required for Filing Form ADT-1📋
Before filing Form ADT-1, ensure you have the following documents:
- Board Resolution Copy – Documenting the decision to appoint the auditor
- Consent Letter from Auditor – Confirming their acceptance of the appointment
- Eligibility Certificate – Declaring the auditor meets legal requirements under Section 141
- Company’s Intimation to the Auditor – Formal communication about the appointment
- Signed Form ADT-1 Copies – Both Company to Auditor and Auditor to Company
Important Points to Remember
- The responsibility to file Form ADT-1 lies with the company, not the auditor.
- Even though Rule 4(2) of the Companies (Audit and Auditors) Rules, 2014 does not explicitly mention the first auditor’s appointment, it is advisable to file Form ADT-1 for first auditors as well to avoid compliance risks.
- Casual vacancy appointments also require Form ADT-1 filing.
Why Choose Compliance Monk?
Start your entrepreneurial journey with ease —register your private limited company through Compliance Monk today!
At Compliance Monk, we offer end-to-end assistance in private limited company registration. Our expert team ensures:
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- Hassle-free documentation and filing.
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- Timely updates and transparent communication.
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- Guidance on choosing the right business structure and name.
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- Continued support for post-registration compliance and legal obligations.
FAQs
1. What is Form ADT-1?
Form ADT-1 is a statutory form filed with the Registrar of Companies (ROC) to notify the appointment of an auditor under Section 139(1) of the Companies Act, 2013.
2. Who is required to file Form ADT-1?
All public, private, listed, and unlisted companies must file Form ADT-1 when appointing or reappointing an auditor. However, Limited Liability Partnerships (LLPs) are exempt.
3. What is the due date for filing Form ADT-1?
- For newly incorporated companies: Within 15 days of appointing the first auditor, which must be done within 30 days of incorporation.
- For existing companies: Within 15 days of the Annual General Meeting (AGM) where the auditor is appointed or reappointed.
4. What are the penalties for late filing of Form ADT-1?
Penalties vary based on the delay period and can be up to 12 times the normal filing fee for delays beyond 180 days.
5. Who is responsible for filing Form ADT-1—the company or the auditor?
The company is responsible for filing Form ADT-1, not the auditor.
6. Is Form ADT-1 required for the appointment of the first auditor?
While the Companies Act does not explicitly mandate filing for the first auditor, it is recommended to file Form ADT-1 to ensure compliance.
7. What details are required for Form ADT-1 filing?
The form requires details such as the auditor’s name, membership number, PAN, address, contact details, appointment date, and term duration.
8. What documents are required for Form ADT-1 filing?
Key documents include:
- Board resolution for auditor appointment
- Auditor’s consent letter
- Eligibility certificate under Section 141
- Company’s intimation letter to the auditor
9. Can Form ADT-1 be filed for a casual vacancy in the auditor’s position?
Yes, Form ADT-1 must be filed in case of an auditor’s appointment due to a casual vacancy.