Last updated: December 16th, 2024 12:40 PM
Form ADT-1
Form ADT-1 is a crucial compliance requirement for all companies under the Companies Act, 2013. It serves as an official notice to the Registrar of Companies (ROC) about the appointment or reappointment of an auditor following the company's Annual General Meeting (AGM). This form must be filed by the company itself, not the auditor, within a specific timeframe to ensure legal compliance. Filing ADT-1 is mandatory for all companies, including newly incorporated ones, as well as when filling casual vacancies or reappointing auditors. Adhering to the due date is vital to avoid penalties. Make sure your company stays on track with its legal requirements! File Form ADT-1 hassle-free with IndiaFilings. Get in touch with us now to complete your filing and avoid any penalties.What is Form ADT 1?
Form ADT 1 is a notice that every company must submit to the Registrar of Companies (ROC) after its Annual General Meeting (AGM) to inform them about the appointment of a new auditor. According to the Companies Act, 2013, it is a legal requirement for companies to file this form each year after their AGM to officially notify the ROC about the auditor who was appointed during the meeting.Who Needs to File ADT 1 form?
The responsibility to file ADT 1 form lies solely with the company and not with the auditor. The form must be filed by: All Companies:- Listed companies
- Unlisted companies
- Public companies
- Private companies
- Other companies
Note: Filing Required for Casual Vacancy
ADT-1 is mandatory to file even when an auditor is appointed to fill a casual vacancy in the company. This ensures compliance with the legal requirements under the Companies Act, 2013.ADT 1 Due Date
- In Case of New Company Incorporation: ADT 1 Form must be filed within 15 days from the first board meeting of the company, which should be held within 30 days of incorporation, where the auditor is appointed by the board of directors. The ADT-1 due date for a new company is crucial to ensure compliance.
- For Existing Company: ADT 1 Form should be filed by the company with the Registrar of Companies within 15 days of the AGM in which the auditor was appointed or reappointed, as the case may be. The ADT 1 due date for existing companies is 15 days from the date of the AGM. For example, if the company’s AGM was held on 30th September 2024, the ADT 1 due date would be 15th October 2024.
Documents to be Attached with ADT-1
The following documents need to be attached to Form ADT 1:- Copy of the Board Resolution/Resolution Passed in the Annual General Meeting (AGM): This is the resolution passed by the Board of Directors or in the AGM, appointing or reappointing the auditor.
- Written Consent from the Auditor Regarding the Appointment: A consent letter from the auditor confirming their acceptance of the appointment.
- Certificate from the Auditor: A certificate from the auditor stating that they are not disqualified or ineligible to be appointed as an auditor under Section 141 of the Companies Act, 2013.
- Copy of the Intimation Given by the Company to the Auditor: A copy of the intimation sent by the company to the auditor regarding their appointment.
Filing Fees of MCA ADT 1 form with the Registrar of Companies
The filing fees for Form ADT 1 with the Registrar of Companies are based on the nominal share capital of the company, as follows:| Sl. No | Nominal Share Capital of the Company | Fee (INR) |
| 1 | Less than INR 1,00,000 | 200 |
| 2 | Between INR 1,00,000 and INR 4,99,999 | 300 |
| 3 | Between INR 5,00,000 and INR 24,99,999 | 400 |
| 4 | Between INR 25,00,000 and INR 99,99,999 | 500 |
| 5 | Greater than or equal to INR 1,00,00,000 | 600 |
ADT-1 Due Date and Penalty for Non-Filing
The ADT 1 due date is crucial to avoid penalties. If ADT 1 form is not filed on time, late filing will attract the following penalty fees:| Sl. No | Delay in Filing (Number of Days) | Penalty |
| 1 | Up to 30 days | 2 times of normal fees |
| 2 | More than 30 to 60 days | 4 times of normal fees |
| 3 | More than 60 to 90 days | 6 times of normal fees |
| 4 | More than 90 to 180 days | 10 times of normal fees |
| 5 | More than 180 days | 12 times of normal fees |
Procedure for E-filing of ADT-1
To e-file the ADT 1 form, companies must download the form from the MCA website, fill in the required details, and submit it electronically for auto-approval.- Download the E-Form: The ADT 1 form is available for download on the Ministry of Corporate Affairs (MCA) website. Companies can access the form for e-filing from the MCA portal.
- Complete the Form: After downloading, fill in the necessary details, including the company's name, auditor details, and the date of the Annual General Meeting (AGM) when the appointment was made.
- E-Form Auto-Approval: Once the form is submitted electronically, it is auto-approved by the system, provided all the details are accurate and complete.
- Acknowledgement: After the successful submission of Form ADT-1, the concerned authority sends an acknowledgement email to the registered email ID of the company. This confirms the successful registration of the E-form.
- Regulatory Changes: As per the Companies (Audit and Auditors) Amendment Rules, 2018, changes were made to the Companies (Audit and Auditors) Rules, 2014. In February 2018, Form ADT-1 and Form ADT-2 were replaced with new forms. The latest version of Form ADT-1 can now be downloaded from the MCA website for the current year.
SRN of Form ADT-1
The SRN of Form ADT-1 is a unique identifier that is generated once the form is successfully filed with the Ministry of Corporate Affairs (MCA). This SRN of Form ADT-1 is crucial for tracking the status of the filing or for making corrections if necessary. Upon successful submission, the SRN will be provided to the company, which serves as proof of submission. It is important to retain the SRN of Form ADT-1 for future reference, as it can be used for any follow-up actions related to the filing. By keeping track of the SRN of Form ADT-1, companies can ensure smooth and efficient compliance with legal requirements. By following these steps, companies can easily e-file Form ADT-1 and comply with the legal requirements related to auditor appointments.MCA ADT-1 Form PDF Format
In February 2018, the Ministry of Corporate Affairs (MCA) amended the Companies (Audit and Auditors) Rules, 2014, replacing the old Form ADT-1 and Form ADT-2 with updated versions. The new Form ADT-1 is now available on the MCA website for the current year. For your convenience, we have attached the MCA ADT-1 Form in PDF format for ready reference. You can download and fill out the form as required for submission.Note: Filing for First Auditor
It is generally believed that Form ADT-1 is not mandatory for the appointment of the first auditor, as Rule 4(2) of the Companies (Audit and Auditors) Rules, 2014, refers to Section 139(1) (appointment of auditors) and not Section 139(6) (appointment of the first auditor). However, it is strongly recommended</strong> to file Form ADT-1 for the appointment of the first auditor to adhere to best compliance practices.Conclusion
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