Annual Compliance for Companies: Form ADT-1
ADT-1 is a form filed for Appointment of Auditor of the company and is to be filed by every company within 45 days of its Incorporation and within 15 days of its Annual General Meeting, although appointment of the First Auditor is not mandatory to file with respect to rule 4(2) of Company Rules, 2014 and section 139(6) of the Companies Act 2013.
Section 139(1) of The Companies Act, 2013 made the filing of Form ADT-1 as a mandatory compliance, through form ADT-1 a company declares and informs about the Auditor appointed by them to the Registrar of Companies (ROC).
Details to be submitted through the Form ADT-1 are:
- Category of Auditor (Individual or a Firm)
- PAN No of the Auditor
- Membership No issued by the Institute of Chartered Accountants of India of new auditor
- Contact details (Address and Email id’s)
- The Period of Appointment
- Date of Appointment and AGM
- Membership No issued by the Institute of Chartered Accountants of India of retiring auditor
- In case of any casual vacancy, date and reasons of casual vacancy.
Due Dates of Filing for ADT-1
- For a newly Incorporated company form ADT-1 is to be filed within 45 days of Company formation, although it’s not mandatory
- For any running company form ADT-1 is to be filed within 15 days of AGM
- In case of any causal vacancy form ADT-1 is to be filed within 15 days of such vacancy.
Documents and Details required for filing of Form ADT-1
Following are the documents required to attach along with Form ADT-1 are:
- Copy of board Resolution passed for appointment of new auditor
- Written consent from the auditor of his willingness and eligibility regarding appointment
- Certificate from the Auditor for not being disqualified to be appointed as an auditor.
Government Fee for Form ADT-1
Government fee for filing of Form ADT-1 can be understood from the following table:
|S.No||Share Capital of the Company||Govt. Fee|
|1.||Up to Rs 5,00,000||Rs. 300|
|2.||From Rs 5,00,000 to Rs 24,99,999||Rs. 400|
|3.||From Rs 25,00,000 to Rs 99,99,999||Rs. 500|
|4.||From Rs 1,00,00,000 and above||Rs. 600|
Penalty for non-filing of ADT-1
Any delay in filing form ADT-1 imposes the penalties and is listed in the table below
|S.no||Delay in filing||Amount of Penalty|
|1.||Up to 30 days||Rs. 600 (Two times of normal form fee)|
|2.||More than 30 to 60 days||Rs. 1200 (Four times of normal form fee)|
|3.||More than 60 to 90 days||Rs. 1800 (Six times of normal form fee)|
|4.||More than 90 to 180 days||Rs. 3000 (Ten times of normal form fee)|
|5.||More than 180 days||Rs. 3600 (Twelve times of normal form fee)|
Filing of form ADT-1
- Filing of form ADT-1 is mandatory for every company
- Form ADT-1 is an e-form and available on the official website of Ministry of Corporate Affairs (MCA)
- The E-form ADT-1 is auto approved
- Once the form ADT-1 is filed, an acknowledgement email is sent on registered email of the company
- It is the duty of the company to file the form ADT-1 and not of the Auditor.