ADT – 1
ADT – 1
Compliance of ROC Work
1. Filing of MSME Return
2. Filing of DPT-3
3. Director KYC
4. ADT-1
5. AOC-4
6. MGT-7…etc various things
ADT-1
ALL YOU NEED TO KNOW ABOUT ADT 1
Form ADT-1 is a form filed with the Registrar of Companies (RoC) in India under the provisions of the Companies Act, 2013. This form is specifically related to the appointment of an auditor for a company. Here’s what you need to know about filing Form ADT-1:
Purpose of Form ADT-1:
1. Appointment of Auditor:
– The primary purpose of Form ADT-1 is to inform the RoC about the appointment of an auditor for a company.
2. Mandatory Filing:
– It is mandatory for a company to file Form ADT-1 whenever there is a change in the auditor, either due to the appointment of a new auditor or the reappointment of the existing one.
Key Points about Form ADT-1:
1. Timeline for Filing:
– Form ADT-1 must be filed within 15 days from the date of the annual general meeting (AGM) at which the auditor is appointed or reappointed.
2. Applicability:
– Form ADT-1 is applicable to all companies, including private companies, public companies, and one-person companies.
3. Digital Signature:
– The form must be digitally signed by a director or manager or secretary of the company
4. Documents to be Attached:
– Depending on the situation, relevant documents such as the resolution for appointment or reappointment of the auditor may need to be attached to Form ADT-1.
5. Auditor's Consent:
– The form may require the written consent of the auditor, indicating their willingness to be appointed or reappointed.
6. Professional Certification:
– The form may also require certification by a practicing chartered accountant or a company secretary.
Procedure for Filing Form ADT-1:
1. Prepare the Resolution:
– Draft and pass a resolution for the appointment or reappointment of the auditor in the annual general meeting.
2. Gather Documents:
– Gather the necessary documents, including the resolution, auditor’s consent, and any other relevant documents.
3. Digital Signature:
– Ensure that the form is digitally signed by a director or manager or secretary of the company.
4. File Online:
– File Form ADT-1 online through the Ministry of Corporate Affairs (MCA) portal. The filing is done electronically
5. Pay Applicable Fees:
– Pay the requisite fees for filing the form. The fee structure may vary based on the authorized capital of the company.
Penalties for Non-Compliance:
1. Late Filing Penalties:
– Failure to file Form ADT-1 within the stipulated time may attract penalties. It’s important for companies to adhere to the filing deadlines.
Importance under the Companies Act, 2013:
1. Statutory Requirement:
– Filing Form ADT-1 is a statutory requirement under the Companies Act, 2013. Non-compliance may result in penalties and legal consequences.
2. Regulatory Compliance:
– This form ensures that companies comply with the regulatory framework by informing the RoC about changes in the appointment of auditors.
It’s important to note that regulatory requirements may change, and it’s advisable to check the latest notifications and guidelines issued by the Ministry of Corporate Affairs for the most accurate and current information regarding Form ADT-1.