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:
- First auditor by Board of directors/members/C&AG
- Appointment/Re-appointment in AGM
- Auditor appointed in case of a casual vacancy
- Auditor appointed in case of non-reappointment/ removal of the previous auditor
- Appointment by the Tribunal
- 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.
Information is required to file form ADT-1
- Corporate Identification Number (CIN) of the company
- Nature of appointment
- Income Tax permanent account number of auditor or auditor’s firm
- Name of the auditor or auditor’s firm
- Membership Number of auditor or auditor’s firm’s registration number
- Address of the Auditor or auditor’s firm
- Period of account for which appointed
- Person vacated the office
- Membership number of auditor or Registration number of auditor’s firm who has vacated the office
- Reasons of the casual vacancy
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.
Documents to be attached with this Form.
Following is the list of documents which needs to be attached with Form ADT-1:
- Company’s Board resolution copy/resolution passed in annual general meeting
- Written consent/ Acceptance Letter from the Auditor regarding the appointment
- A certificate from the Auditor that he/she/it is not disqualified or ineligible to be appointed as an Auditor u/s 141
- Copy of the intimation given by the company to the auditor
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
- 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.
- 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.
- 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.
- 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.
- Click on check and pre-scrutiny
Now in the last step, click on check and pre-scrutiny before uploading it to MCA site.
- 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
FAQs
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
If incorrect particulars have filed in ADT-1, then the company may file ADT-1 again with correct particulars.
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.
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.
Hey,
You can file a revised ADT-1 with correct particulars, the process is similar to how the first time ADT-1 was filed.
I started company in 2019 July, first auditor is appointed for 1 year and ADT 1 is filed. Now do I need resignation from that first auditor to appoint another Auditor?
My company incorporated on 6th Mar 2020. I have not file ADT-1 for appointment of 1st Auditor till now. As it is case of 1st auditor not covering 139(1).
I am confused, please let me know:
1. whether to Leave it or file by paying penalty.
2. How can i minimise my Penalty.