According to section 139 (1) of the New Companies Act 2013, after appointing an auditor, a company must notify the ROC in a certain way. This is accomplished through the use of Form ADT-1. Learn about Auditor Appointment form ADT-1 through this article.
What exactly is an ADT-1 form?
When a company names an auditor after its annual general meeting is over, it notifies the registrar of companies using Form ADT-1 (AGM).
This document must be filed annually following the AGM at which the auditor was appointed under Sec 139 (1) of the new Companies Act 2013.
When should MCA Form ADT-1 be submitted?
When a new company is formed, the board of directors must select an auditor and file Form ADT-1 within 15 days after the company’s initial board meeting, which must take place within 30 days of company incorporation.
Existing companies must submit Form ADT-1 to their registrar of state within 15 days of the annual meeting at which their auditor was first appointed or, if applicable, reappointment. For example, a company that holds its annual meeting on September 30th, 2021, must submit Form ADT-1 no later than October 14th, 2021.
Document Requirement for Filing ADT-Form 1
- Annual shareholder meeting resolution copy/company board resolution
- Appointment subject to receipt of Auditor’s written approval.
- Auditor’s declaration that he or she is not unqualified to serve as an auditor under section 141 of the Companies Act
- Company’s notification to the auditor in copy form
Government fee for filing Form ADT-1
| Sl.No | Share Capital Value of the Company | Fee in (Rupees) |
| 1 | Less than 1,00,000 | 200 |
| 2 | 1,00,000 to 4,99,999 | 300 |
| 3 | 5,00,000 to 24,99,999 | 400 |
| 4 | 25,00,000 to 99,99,999 | 500 |
| 5 | 1,00,00,00 or more | 600 |
| 6 | Company not having share capital | 200 |
Penalty for Delay in Filing Form ADT-1 Form
| Sl.No | Delay in Filing (No of days) | Penalty |
| 1 | Up-to 30 | 2 times of Normal Fees |
| 2 | More than 30 to 60 | 4 times of Normal Fees |
| 3 | More than 60 to 90 | 6 times of Normal Fees |
| 4 | More than 90 to 180 | 10 times of Normal Fees |
| 5 | More than 180 | 12 times of Normal Fees |
Important points to keep in mind for ADT-1 Form
- Every company, whether listed, unlisted, public, private or any other type of corporate entity, must legally submit Form ADT 1.
- The auditor is not obligated to file Form ADT 1, only the company.
- Even though the auditor has been hired for a temporary position, the company is still required to complete Form ADT 1.
- ADT 1 can be electronically submitted. The form may be obtained from the Ministry of Corporate Affairs (MCA) website.
- E-form approval is automatic
- A confirmation email is sent to the registered email ID after the competent authority has registered the E-form.
Conclusion
When it comes to the selection of an auditor for your company, Form ADT-1 is of the highest significance. Companies are required to submit these Forms within the allotted 15-day window.
With the development of technology, you can now easily file your ADT-1 Form online by hiring our team of professionals.
If you want any other guidance relating to the company annual compliance, please feel free to talk to our business advisors at 8881-069-069.
Download E-Startup Mobile App and Never miss the latest updates narrating to your business.