When is Form ADT-1 filed?
Form ADT-1 is filed with the Registrar within 15 days of the meeting at which the members appoint the auditor. The company files it. The board’s appointment of the first auditor does not use this form.
No. It is due within 15 days of the members’ appointment. An auditor appointed at the annual general meeting holds office until the sixth meeting, so the form is not filed again in each of the years in between.
When is the 15 days counted?
The 15 days run from the date of the appointment. An annual general meeting on 30 September makes the fifteenth day 15 October. The auditor appointed at that meeting holds office from the conclusion of that meeting until the conclusion of the sixth annual general meeting. ADT-1 is filed for that appointment. It is not filed again on 30 April of each later year. How the auditor is appointed is on the auditor page.
Does the first auditor use it?
The board appoints the first auditor within 30 days of incorporation. If the board does not, the members appoint the auditor within 90 days. The first auditor holds office until the conclusion of the first annual general meeting. The intimation in ADT-1 is for the appointment the members make. It is not filed for the board’s first appointment. Every company has a statutory audit. The form is the company’s filing for a listed company and for a private company alike.
What is attached?
The auditor’s written consent is attached. So is the auditor’s certificate that the appointment meets section 141 and that the auditor is not disqualified. The resolution of the meeting that made the appointment is attached. A casual vacancy is intimated in the same form within 15 days of the appointment that fills it. Where the vacancy arose by resignation, the members approve that appointment in a general meeting convened within three months of the board’s recommendation.
What if it is late?
The filing carries the government fee. A delay draws an additional fee. A contravention of section 139 is also punished under section 147. The company is punishable with a fine of not less than ₹25,000 and not more than ₹5 lakh. Every officer in default is punishable with a fine of not less than ₹10,000 and not more than ₹1 lakh. The financial statements that the auditor reports on are filed in AOC-4, on the AOC-4 page.
Frequently asked questions
Four questions cover 30 April, the first auditor, who files, and a casual vacancy.
Is ADT-1 due on 30 April?
No. It is due within 15 days of the members’ appointment. An auditor appointed at the annual general meeting holds office until the sixth meeting, so the form is not filed again in each of the years in between.
Does the board file it for the first auditor?
No. The board appoints the first auditor within 30 days of incorporation. That appointment is not intimated in ADT-1. If the board does not appoint, the members appoint within 90 days.
Who files the form?
The company files it. The auditor gives consent and a certificate of eligibility. The auditor does not file ADT-1.
Does a casual vacancy use the same form?
Yes. The appointment that fills a casual vacancy is also intimated in ADT-1 within 15 days. Where the vacancy is caused by resignation, the members also approve the appointment within three months.
Sources
The appointment is section 139 of the Companies Act, 2013. Notice to the Registrar is Form ADT-1 under the Companies (Audit and Auditors) Rules, 2014, filed within 15 days. A contravention of section 139 is punished under section 147.