Form ADT-1 Filing in India
Form ADT-1 is an official document used to notify the Registrar of Companies (ROC) about the appointment of a company's first auditor. As per the Companies Act, 2013, every company must appoint its first auditor within thirty days from the date of incorporation. After the auditor's appointment, the company must ADT-1 Form Submission with the ROC within fifteen days.
The first auditor appointed by the company holds office until the conclusion of the first Annual General Meeting (AGM). The AGM should be conducted within nine months from the end of the fiscal year in which the company was incorporated. During the AGM, shareholders may either ratify the first auditor’s appointment or appoint a new auditor.
Appointing the first auditor can seem overwhelming for new companies. However, ensuring compliance with the Companies Act is crucial to avoid any legal consequences. Failure to ADT-1 Form Submission within the prescribed time frame may lead to penalties and fines.
Form ADT-1 - Filing Details:
ADT-1 Form is required to be filed annually to notify the Registrar of Companies about the appointment of the auditor after the Annual General Meeting (AGM) under Section 139 (1) of the Companies Act, 2013.
Key Details in Form ADT-1:
- Name and address of the appointed auditor
- Qualifications of the auditor
- The period of the auditor's appointment
- The auditor's PAN and membership number
- The date and reason for any casual vacancy (if applicable)
This filing must be completed within 15 days of the AGM to ensure compliance with statutory requirements and avoid penalties.
Requirements for Filing Form ADT-1:
To file ADT-1 Form, the following criteria must be met:
- The company must have appointed an auditor as per the provisions of the Companies Act, 2013.
- The auditor must provide written consent for the appointment and a certificate stating they are not disqualified under Section 141 of the Companies Act, 2013.
Whether you are a private, public, listed, or unlisted company, you must ADT-1 Form Submission to officially notify the ROC about the appointment of the auditor. FilingIn ensures that all steps are completed accurately and on time, guaranteeing compliance with the law.
- Legal Compliance: Ensures adherence to the Companies Act, 2013.
- Record of Appointment: Officially documents the auditor's appointment with the RoC.
- Transparency: Builds trust with stakeholders by providing auditor details.
- Avoid Penalties: Prevents fines for late filing.
- Financial Integrity: Ensures accurate and compliant financial reports.
- Good Governance: Demonstrates adherence to corporate governance practices.
Here are the key documents needed for ADT-1 Form Submission:
- Copy of the Board Resolution passed during the AGM, appointing the auditor
- Written consent from the auditor for the appointment
- A certificate from the auditor confirming they are not disqualified to be appointed as an auditor under Section 141 of the Companies Act, 2013
- Intimation provided by the company to the auditor
FilingIn offers document preparation services to ensure everything is in order for a smooth filing process.
Due Date for Filing Form ADT-1:
For newly incorporated companies, Form ADT-1 must be filed within 15 days from the date of the first board meeting, which should occur within 30 days of the company’s incorporation.
For existing companies, Form ADT-1 must be filed within 15 days after the AGM in which the auditor was appointed or reappointed. For example, if your company’s AGM took place on September 30, 2024, the filing deadline for Form ADT-1 would be October 14, 2024.
Failure to file within the prescribed time can result in penalties, and FilingIn can help ensure you avoid these fines by assisting you with timely and accurate submissions.
Penalty for Delayed Filing of Form ADT-1:
Late filing of Form ADT-1 may attract penalties as outlined below:
|
Delay (in Days)
|
Penalty Levied
|
|---|---|
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Up to 30 days
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2 times the normal fee
|
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31 to 60 days
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4 times the normal fee
|
|
61 to 90 days
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6 times the normal fee
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91 to 180 days
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10 times the normal fee
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More than 180 days
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12 times the normal fee
|
It’s essential to file Form ADT-1 within the required timeframe to avoid unnecessary penalties and fines. Let FilingIn handle the filings for you, so you can stay compliant without the stress.
Important Points Regarding Form ADT-1:
- Mandatory Filing: All companies, whether listed, private, public, or unlisted, must ADT-1 Form Submission under Section 139(1) of the Companies Act, 2013.
- Company’s Responsibility: It is the company’s responsibility, not the auditor's, to ADT-1 Form Submission.
- First Auditor Appointment: Though Rule 4(2) of the Companies (Audit and Auditors) Rules, 2014, refers only to Section 139(1) for regular auditor appointments, it is recommended that Form ADT-1 be filed for the first auditor appointment as well.
At FilingIn, we streamline the process of ADT-1 Form Submission for your company. Our expert team provides the following services:
- Document Preparation: We assist in gathering and preparing all the necessary documentation for ADT-1 Form Submission.
- Review: Our experts ensure the documents are complete and accurate, preventing any errors or omissions.
- Timely Filing: We file ADT-1 Form Submission with the ROC on your behalf, ensuring adherence to all deadlines.
- Compliance Check: We verify that all legal requirements are met, helping you avoid penalties.
- Regular Updates: Stay informed with timely updates on your filing status and any changes in legal requirements.
Choose FilingIn for a hassle-free experience in ADT-1 Form Submission and ensuring compliance with the Companies Act, 2013.
Frequently Asked Questions in India
What is Form ADT-1?
Form ADT-1 is a notification to the Registrar of Companies (ROC) regarding the appointment of an auditor by a company. It is a mandatory filing under Section 139(1) of the Companies Act, 2013, to inform the ROC about the auditor appointed for the company’s annual audit.
Who is required to file Form ADT-1?
All companies, whether public, private, listed, or unlisted, are required to file Form ADT-1 after the appointment of their auditor, including the appointment of the first auditor after the company’s incorporation.
When should Form ADT-1 be filed?
For newly incorporated companies, Form ADT-1 should be filed within 15 days from the date of the first board meeting, which must occur within 30 days of incorporation. For existing companies, it should be filed within 15 days after the Annual General Meeting (AGM) where the auditor was appointed or reappointed.
What documents are required to file Form ADT-1?
You will need the following documents:
- Board resolution passed during the AGM appointing the auditor
- Written consent from the appointed auditor
- A certificate from the auditor confirming they are not disqualified under Section 141 of the Companies Act, 2013
- Intimation provided by the company to the auditor
What happens if Form ADT-1 is not filed on time?
Failure to file Form ADT-1 on time can lead to penalties. The penalty increases with the delay, starting from 2 times the normal fee up to 12 times the normal fee for delays over 180 days.
What information is included in Form ADT-1?
Form ADT-1 includes details such as:
- Name, address, and PAN of the auditor
- Auditor’s qualifications and membership number
- Date of the auditor’s appointment
- Duration of the appointment
- Details of any casual vacancy, if applicable
Who is responsible for filing Form ADT-1, the company or the auditor?
It is the responsibility of the company to file Form ADT-1 with the ROC, not the appointed auditor. The company ensures the timely submission of the form to avoid penalties.
Can Form ADT-1 be filed for the appointment of the first auditor?
Yes, Form ADT-1 should also be filed for the appointment of the first auditor. Although the rules focus on regular appointments, it’s recommended to file Form ADT-1 for the first auditor to stay compliant with legal requirements.
What is the penalty for late filing of Form ADT-1?
The penalties for late filing of Form ADT-1 are as follows:
- Up to 30 days: 2 times the normal fees
- 31 to 60 days: 4 times the normal fees
- 61 to 90 days: 6 times the normal fees
- 91 to 180 days: 10 times the normal fees
- More than 180 days: 12 times the normal fees
Can FilingIn assist in filing Form ADT-1?
Yes, FilingIn provides expert assistance in preparing and filing Form ADT-1. Our team ensures that the necessary documents are in place, the form is accurately filled out, and submitted on time, helping you comply with all legal requirements.
