2022-08-26 15:06:05

What is Form ADT-1?

Introduction

When a company appoints an auditor under obligation, acknowledge the Registrar of Companies about the appointment of an auditor, which is prescribed under section 139 (1) of the new companies act 2013. Then this time used Form ADT-1.

According to Section 139 (1) of the new Companies Act 2013, a company shall communicate to the auditor of its appointment and at the same time, a notice of such appointment has to be filed with the registrar of companies within 15 days of the appointment. According to the rules, such notice regarding the auditor appointment is required to be filled in Form ADT 1 in the MCA portal.

Form ADT-1 MCA

According to section 139 of the Companies Act, 2013 Form ADT- 1 which can be referred to as an intimation filed by every company after the inference of its Annual General Meeting with the Registrar Of Companies about the appointment of an auditor.

According to Section 139 (1) of the new Companies Act 2013, it is mandatory to file Form ADT-1 with the Registrar Of Companies as a notice of appointment of an auditor after the Annual General Meeting wherein the new auditor was named.

When should the MCA Form ADT-1 be filed?

FOR EXISTING COMPANY:-

Form ADT-1 should be filed by the company with the registrar of companies within 15 days of the Annual General Meeting in which the Auditor was appointed or reappointed.

Documents Required to be Attached with Form ADT-1

The list of the documents which need to be attached to Form ADT-1 is given following:

Copy of the Company’s Board resolution or resolution passed in the Annual General Meeting
Written consent regarding the appointment of the Auditor.
Under section 141 of the Companies Act, 2013, a certificate from the Auditor that he/she/it is not disqualified or ineligible to be appointed as an Auditor.
Copy of the intimation which is given by the company to the auditor.

Filing Fees of the MCA Form ADT-1 with the Registrar of the Companies

The filing fees of the form ADT- 1 with the registrar of companies are given below:

Sr. No.	Nominal Share Capital of the Company	Fees in (INR)
1.		200
2.	Between 1, 00, 000 and 4, 99, 999	300
3.	Between 5, 00, 000 and 24, 99, 999	400
4.	Between 25, 00, 000 and 99, 99, 999	500
5.	>Or equal to 1, 00, 00, 00	600

Due Date for filing the Form ADT-1

Form ADT-1 has to be filed with the Registrar of Companies within 15 days of the meeting after the appointment of the auditor. If the company’s Annual General Meeting was held on 30th September 2022 then Form ADT-1 has to be filed by 15th October 2022.

The Amount of Penalty is imposed on the Filing of Form ADT-1 after the due date

After the due date and filing penalty of Form ADT -1 will lead to the imposition of the penalties which are given below:

Sr. No.	Delay in Filing (In number or Days)	Penalty Livable
1.	Up to 30 days	Twice the normal fees
2.	If filing the Form ADT-1 is delayed more than 30 days but less than 60 days	4 x Normal Fees
3.	If filing the Form ADT-1 is delayed more than 60 days but less than 90 days	6 x Normal Fees
4.	If filing the Form ADT-1 takes more than 90 days but less than 180 days	10 x Normal Fees
5.	More than 180 days	12 x Normal Fees

Important Points regarding the Form ADT-1

All the companies are mandatorily required to file Form ADT -1, which is a listed, unlisted, public, private, or any other company.
The company is responsible for filing Form ADT -1, not the auditor.
When the appointment of the auditor is for a casual opening but filing the Form ADT-1 is necessary for the company.
In general, it is believed that Form ADT -1 does not be filed when the first auditor is appointed then the Form ADT-1 does not to be filed because rule 4 (2) of company rules, 2014 states under Sec 139 (1) – appointment of auditors only and not Sec 139 (6) – appointment of the first auditor. However, even the appointment of the first auditor then it should be filed the Form ADT-1.

Conclusion

It concluded that Form ADT- 1 is used when a company appoints an auditor under to obligation to acknowledge the Registrar of Companies about the appointment of the auditor which is in a prescribed manner under section 139 (1) of the new companies act 2013. every year with the Registrar Of Companies as a notice of appointment of auditor after the Annual General Meeting wherein the new auditor was named. Form ADT-1 has to be filed with the Registrar of Companies within 15 days of the meeting after the appointment of the auditor.

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