Every business must audit all their business transactions as per their applicability by an authorized auditor. When a company appoints an auditor, it must notify the ROC regarding the appointment following the rules prescribed by the company’s act 2013.
What is ADT 1 form?
A company’s auditor is appointed or reappointed after their Annual General Meeting (AGM). Through Form ADT 1, the ROC is intimated of the company’s new auditor. This Form is a mandatory requirement every year after the AGM’s conclusion. It should be submitted to the ROC without fail. This procedure is listed in Sec 139 (1) of the new Companies Act 2013.
Due date for ADT 1 form
Following the Annual General Meeting, the ADT 1 Form should be compulsorily filed with the ROC within 15 days. Form ADT 1 for a newly incorporated company must be submitted within 15 days of the first board meeting. The first board meeting must be held within 30 days of establishment. The board of directors designates the company’s auditor after the first board meeting.
Documents required filing ADT 1 form
A few other documents should also be filed along with Form ADT; they are:
- A Copy of the intimation sent to the auditor by the company
- A copy of the written consent from the auditor
- A copy of the resolution of the BOD/members regarding the appointment
- A copy of the appointment letter from C & AG in case of a government company
Fees for filing ADT 1 form
The nominal share capital of the firm decides the fees for filing the Form. In the case of The Nominal Share capital amounting to,
- For an amount less than 1 lakh, the fees are capped at 200.
- For an amount between 1 lakh to 5 lakhs, the fees are capped at 300.
- For an amount between 5 lakhs to 25 lakhs, the fees are capped at 400.
- For an amount between 25 lakhs to 1 crore, the fees are capped at 500.
- For an amount exceeding 1 crore, the fees are capped at 600.
ADT 1 Penality
In case of delay or failure in filing the Form,
- The penalty shall be twice the amount of regular fees up to 30 days,
- For the period between 30 to 60 days, the penalty shall be four times the standard fees.
- For the period between 60 to 90 days, the penalty shall be six times the regular fees.
- For the period between 90 to 180 days, the penalty shall be ten times the regular fees.
- For a period exceeding 180 days, the penalty shall be twelve times the regular fees.
Important points regarding ADT 1 form
- Form ADT 1 may be filed online via the Ministry of Corporate Affairs website.
- Filing Form ADT 1 is compulsory for all the Private/Public/One Person/Listed/Unlisted/ and any other Company.
- The auditor is not responsible for filing this Form. The company is responsible for filing the Form.
- If deemed necessary, the Form may be filed even for the appointment of the company’s first auditor.
- Earlier, the old Form 23B was filed by the auditor. Form ADT 1 is the revised Form instead of Form 23B.
- The authorities will send an acknowledgment to the company’s registered email ID to notify the successful registration of the Form.
- Even in the case of a casual appointment of the auditor, ADT 1 Form must be filed.
- The e-form uploaded online will be auto-approved
- The company must mention the SRN number of the ADT 1 Form while filing its AOC-4.
E-filing of ADT 1 Form
ADT 1 form is available on the Ministry of Corporate Affairs (MCA) website. It can be filled out online or can be downloaded from the website.
Details required of the auditor
- Auditor Category
- PAN of auditor
- Membership Number of auditor
- Auditor FRN
- Address/ Email ID of Auditor
- Period of appointment
- Date of Appointment of the Auditor
- Date of AGM
- Tenure of the last auditor
- Additional details regarding the vacancy
- SRN from ADTR-3
- FRN of the previous auditor
- Reason and date of a casual vacancy
Filing of the ADT 1 Form is compulsory for all registered companies in India, including public/private/listed/unlisted entities. Provide relevant details and details regarding documents and fees. Hefty penalties will be imposed for delay or failure of filing.
ADT 1 Form FAQs
Is ADT 1 form needs to be filled every year?
Yes, ADT 1 form needs to be filled every year after conclusion of AGM and appointment of auditor with registrar of companies.
What are the late fees for ADT 1 form?
Penalty of delay in filing ADT 1 form are as follows
Up to 30 days – 2 times the normal fees
Between 30 – 60 days – 4 times the normal fees
Between 60 – 90 days – 6 times the normal fees
Between 90 – 180 days – 10 times the normal fees
Can we file ADT 1 form without filing the INC 20A form?
According to MCA a company cannot file any type of form without filing the INC 20A form with ROC.
Who is required to file ADT 1 form?
ADT 1 form must be filled by every company to inform the ROC regarding the appointment of auditor.
Can ADT 1 form be revised?
Yes, you can file a new ADT 1 form with correct information if any incorrect information is filled previously.
Is ADT 1 form mandatory for OPC?
It should not be filed in case of appointment of first auditor. However an OPC would require to fill ADT 1 form in case of subsequent appointment of auditor.
Is ADT 1 form required for LLP?
No, ADT 1 form doesn’t needs to be filled in case of LLP as it is only applicable to companies.
Can ADT 1 be filled without ADT 3?
As ADT 3 form is only required to filed if your ex-auditor has given a resignation. If they have not given any resignation there is no need to file ADT 3 form.