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ADT-1 Form : Appointment of Auditor

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Laxmi Navlani

ADT-1 Form
Compliances
Start & Run Business
Last updated on May 6th, 2021

ADT-1 is filed with the registrar of companies (ROC) as per section 139 (1) of Companies Act 2013 on MCA Website. ADT-1 needs to be filed within 15 days from the date of appointment of the Auditor. It needs to be filed by the company and not appointed Auditor. Appointment of the auditor can happen for the following reasons:

  1. First auditor by Board of directors/members/C&AG
  2. Appointment/Re-appointment in AGM
  3. Auditor appointed in case of a casual vacancy
  4. Auditor appointed in case of non-reappointment/ removal of the previous auditor
  5. Appointment by the Tribunal
  6. Others

For example, if the company’s AGM was held on 30 September 2019, then Form ADT 1 has to be filed by 15 October 2019.

Moreover, All the companies are mandatorily required to file Form ADT 1, be it a listed, unlisted, public, private, or any other company.

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Information is required to file form ADT-1

Form ADT 1 appointment of auditor

When to File Form ADT-1?

IN CASE OF NEWLY INCORPORATED COMPANY:- Company has to file Form ADT-1 within 15 days from the date of first board meeting which is required to be held in within 30 days of incorporation in which auditor is appointed by the board of directors of the company.

IN OTHER CASES:- Form ADT-1 should be filed by the company with the registrar of companies within 15 days of the date of AGM in which Auditor was appointed or reappointed as the case may be. For example, if the company’s AGM was conducted on 30 September 2020, then the company should file Form ADT-1 by 15th October 2020.

In general, it is believed that Form ADT 1 does not need to be filed when the first auditor is appointed because, rule 4 (2) of Company Rules, 2014 states the Sec 139 (1) – appointment of auditors only and not the Sec 139 (6) – appointment of the first auditor. However, it is a good practice to file Form ADT 1 for the appointment of the first auditor too.
Tip
In general, it is believed that Form ADT 1 does not need to be filed when the first auditor is appointed because, rule 4 (2) of Company Rules, 2014 states the Sec 139 (1) – appointment of auditors only and not the Sec 139 (6) – appointment of the first auditor. However, it is a good practice to file Form ADT 1 for the appointment of the first auditor too.

Documents to be attached with this Form.

Following is the list of documents which needs to be attached with Form ADT-1:

Fees for filing Form ADT-1

The filing fees of form ADT 1 with the registrar of companies are as follows:

Nominal Share Capital of the Company

Fees

< INR 1,00,000

200 Rs

Between 1,00,000 and  4,99,999

300 Rs

Between 5,00,000 and 24,99,999

400 Rs

Between 25,00,000 and 99,99,999

500 Rs

> or equal to 1,00,00,00

600 Rs

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)

Moreover, E-form has an auto-approve system

Concerned Authority sends an acknowledgment email on the registered email ID on the successful registration of the E-form

You can follow below steps to file form ADT-1

Time needed: 3 minutes.

  1. Download form ADT1

    Download form ADT-1 from MCA site. Please do not download from any other website as those forms may not be the recent updated one.

  2. Fill up the required details with respect to Company & Auditor

    Fill up all those details as asked for in the form. If you have collected above information then it will be easier for you to fill the form.

  3. Attach Appointment letter, Consent Letter & Resolution

    Attach scanned copies of appointment letter sent by the company, consent letter given by auditor, and certified copies of resolution for an appointment.

  4. e-Sign Form with DSC

    Sign form ADT-1 with authorized director’s valid digital signature certificate. Please remember company auditor is not required to sign the form.

  5. Click on check and pre-scrutiny

    Now in the last step, click on check and pre-scrutiny before uploading it to MCA site.

  6. Upload Form

    Go to MCA site and Upload your form after logging in to your account.

Penalty imposed on late Filing of Form.

Delay in Filing Form (in no. of days)

Penalty

Up to 30 days

Twice the Normal Fees

More than 30 days but less than 60 days

4 x Normal Fees

More than 60 days but less than 90 days

6 x Normal Fees

More than 90 days but less than 180 days

10 x Normal Fees

More than 180 days

12 x Normal Fees

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

Download forms from MCA website
Form ADT-1 can be downloaded for the existing year from the MCA website
Download
Download forms from MCA website
Form ADT-1 can be downloaded for the existing year from the MCA website
Download

FAQs

Does ADT 1 need to be filed for the first auditor?

Filing of form ADT-1 is not mandatory for the first auditor if a company’s auditor is appointed for the first year after its incorporation. The requirement of filing form ADT-1 is mentioned in Section 139(1) of the Companies Act 2013.
However, it is a good practice to file Form ADT 1 for the appointment of the first auditor too

Can we file a revised ADT 1?

If incorrect particulars have filed in ADT-1, then the company may file ADT-1 again with correct particulars.

For how many years an Auditor can be appointed?

Auditor can be appointed in an AGM of a company for 5 years. The company can file a single ADT–1 for the appointment of an auditor for 5 consecutive years.

  • nagakumar says:

    Can you please let me know the process for rectifying the form ADT-1 filed with MCA.

    As i’ve been informed by other Professionals that the rectification of ADT-1 is not allowed unless, it is done by submitting an affidavit with concerned ROC.

    but the above FAQ is stated that rectification can be done by filing revised form with necessary changes.

    so, please clarify as in my case, retiring auditor name was wrongly mentioned in the Resolution, and the form was filed in oversight and the error was observed later, and now we would like to rectify the same.

    Hence, please guide me with the process.

    • Aakash Lalchandani says:

      Hey,

      You can file a revised ADT-1 with correct particulars, the process is similar to how the first time ADT-1 was filed.