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Appointment & Re-Appointment of Auditor in AGM

1,500/-*
  • Drafting of Documents including AGM Resolution, Appointment Letter & Consent From Auditor
  • Filing of Form ADT-1

Appointment of Auditor in case of Casual Vacancy

2,500/-*
  • Drafting of Documents including Board Resolution, Notice of EGM, EGM Resolution, Apointment Letter & Much More
  • Filing of Form ADT-1
  • Statutory Fees including Additional Fees, Penalty in course of Filing of ADT-1 is not included in the above amount.
  •  Any advice given to the Client is only an opinion based on our knowledge of the Client’s particular circumstances.
  • The client will be responsible for verifying the information contained in such returns and/or filings prior to approving/signing such return/filing. 
  • Fees Should be paid according to conversation held between the Legal Parivar Team and Client. 

FORM ADT-1

Appointment of First Auditor

First Auditor of the company (other than a government company) shall be appointed by Board of Directors within 30 days from the date of registration of the company. If Board of Directors fails to appoint within 30 days, members of the company shall appoint the first auditor within 90 days at an extraordinary general meeting.

When a company appoints an auditor, it is mandatory to notify the Registrar of Companies (ROC) in accordance with Section 139(1) of the Companies Act 2013. This involves using Form ADT-1 to communicate the appointment to the auditor and simultaneously filing a notice of the appointment with the ROC within 15 days of the appointment, as specified by the rules.

Appointment/ Re-Appointment of Auditor

At the First Annual General Meeting (AGM), designate an individual or a firm as the auditor, with their tenure extending from the conclusion of that meeting until the conclusion of the 6th AGM.

After 6th AGM of Appointment of the auditor, Re-Appointment is necessary the previous Auditor may also be Re-Appointed at AGM or New Auditor may be Appointed.

Form ADT-1 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. For example, if the company’s AGM was conducted on 30 September 2024, then the company should file Form ADT-1 by 14th October 2024.

Appointment in case of Casual Vacancy

Casual vacancy arises due to resignation of previous auditor, death, unsound mind, or for any reason previous auditor vacant the office.

Steps for Appointing Auditor in Casual Vacancy:

  • Obtain ADT- 03 from previous auditor (Resignation letter).
  • Obtain written consent confirming his or her eligibility from proposed auditor for such appointment.
  • Intimate the proposed auditor with copy of board resolution and appointment letter. 
  • Conduct board meetings within 30 days of resignation, inviting all directors and discuss the matters regarding resignation of previous auditor and appointment of new auditor.
  • Issue a notice for an Extraordinary General Meeting (EGM) at least 21 days prior to the scheduled date.
  • Conduct the EGM to formally approve the appointment of the proposed Auditor.
  • Fill form ADT-1 on MCA portal.

    Appointing an auditor in case of casual vacancy is to be done within 3 Months from the date of resignation of previous auditor. And the auditor appointed in such a case may hold office till the conclusion of that year’s AGM. In that AGM Board may decide to appoint that auditor for further 5 years or may appoint a new auditor.

Penalty For Non-Filing of Form ADT-1