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Auditor Appointment

Preparation of Form ADT-1
Filing of Form ADT-1
Acknowledgment/Receipt of ADT-1

Original price was: ₹3,000.00.Current price is: ₹1,500.00.

SKU: CM-58 Category:
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Auditor Appointment

Overview

Under the Companies Act, 2013, every company (except LLPs) is required to appoint a statutory auditor who will audit the financial statements and ensure legal and financial transparency. The appointment of an auditor ensures that a company’s books are reviewed by a professional, maintaining credibility with stakeholders and regulators.

  • Section 139 of the Companies Act governs the appointment of auditors.

  • The auditor is usually appointed for a 5-year term, subject to ratification.

    • Applicable To: All companies except one-person companies and dormant companies

    • Type of Auditor: Chartered Accountant or CA firm

    • Appointment By:

      • First Auditor: By Board of Directors within 30 days of incorporation

      • Subsequent Auditors: By members in AGM

    • Tenure: 5 years (with annual ratification if applicable)

  • 📌 From the Company:
    • 🧾 Board Resolution for appointment of auditor

    • 🧾 Shareholders’ Resolution (for subsequent auditor appointment in AGM)

    • 🧾 Notice of AGM or Board Meeting

    • 🧾 Certificate of Incorporation

    • 🧾 PAN Card of the Company

    📌 From the Auditor:
    • 🧷 Consent Letter from the proposed auditor under Section 139

    • 🧷 Eligibility Certificate under Section 141 of Companies Act, 2013

    • 🧷 Declaration of Non-Disqualification

    • 🧷 Professional Membership Details (CA Firm Registration Number)

    📌 For MCA Filing:
    • 🗂 Duly filled Form ADT-1

    • 🗂 Digital Signature Certificate (DSC) of Director or Authorised Signatory

    • 🗂 Email ID and Mobile Number for OTP verification (if filing through a professional)

3,000.00 Original price was: ₹3,000.00.1,500.00Current price is: ₹1,500.00.

as per mca sep

⏳ The appointment process is typically completed within 5-7 working days after submission of required documents.

Step 1: Hold Board Meeting
  • Pass a resolution to appoint the first auditor (within 30 days of incorporation), or

  • Recommend the auditor for appointment/reappointment in the AGM

🔹 Step 2: Collect Auditor’s Documents
  • Get written Consent Letter, Eligibility Certificate, and Non-disqualification Declaration from the proposed auditor or CA firm.

🔹 Step 3: Conduct AGM (if applicable)
  • Shareholders must approve the appointment of the auditor for 5 years at the first AGM.

  • Pass a shareholder resolution confirming the appointment.

🔹 Step 4: File Form ADT-1

  • Log in to MCA Portal

  • Fill in Form ADT-1 with details like auditor’s name, PAN, tenure, firm registration number, etc.

  • Attach auditor’s documents and resolutions

  • Affix DSC and submit online within 15 days of appointment

🔹 Step 5: Save Acknowledgment

  • After filing, download and retain the SRN (Service Request Number) and acknowledgment for record-keeping and future reference.

👉 Frequently Asked Questions (FAQs)

👉 What is the time limit for the first auditor appointment?
The first auditor must be appointed within 30 days of incorporation.

👉 Who appoints the first auditor?
The Board of Directors appoints the first auditor. If they fail, shareholders appoint the auditor within 90 days.

👉 Is Form ADT-1 mandatory for the first auditor appointment?
Yes, Form ADT-1 must be filed with the MCA to notify the appointment.

👉 What happens if a company fails to appoint the first auditor?
The company may face penalties for non-compliance.

👉 Can a director be appointed as the first auditor?
No, the auditor must be an independent professional.

👉 What is the tenure of the first auditor?
The first auditor holds office until the first annual general meeting (AGM).

👉 Is there any government fee for filing Form ADT-1?
Yes, the fee varies based on the company’s authorized capital.

👉 Can the first auditor be removed before the AGM?
Yes, but it requires approval from shareholders and the MCA.

👉 What qualifications should the first auditor have?
The auditor must be a Chartered Accountant (CA) or a CA firm.

👉 Can a company appoint an internal auditor as the first auditor?
No, internal and statutory auditors must be separate.

👉 What if the first auditor refuses to accept the appointment?
A new auditor must be appointed, and Form ADT-1 must be refiled.

📌 Compliance Requirement 📅 Due Date 📖 Remarks
First Auditor Appointment Within 30 days of incorporation 🏢 Appointed by the Board of Directors
📝 Form ADT-1 Filing Within 15 days of auditor appointment 📤 Mandatory for MCA notification
💰 ITR-6 Filing October 31 (Assessment Year) 🏦 Applicable for companies except those under Section 11
📊 AGM (Annual General Meeting) Within 6 months of financial year-end 📆 Required for private and public companies
📑 MGT-7 (Annual Return Filing) Within 60 days of AGM 🏛️ For companies with ₹10 crore+ paid-up capital
📜 AOC-4 Filing Within 30 days of AGM ✅ For financial statement submission
🚨 Non-Compliance Issue ❌ Penalty & Interest ⚖️ Consequences
Failure to Appoint First Auditor ₹25,000 – ₹5,00,000 💸 Imposed on the company & officers 🚔
⏳ Late Filing of Form ADT-1 Additional MCA Fees ⚠️ Charges vary as per government rules
🛑 Delay in ITR-6 Filing ₹5,000 Late Fee 🏛️ If filed after due date but before Dec 31
💰 Interest on Tax Due 1% per month 📈 Charged until tax is fully paid
📌 Non-Filing of AOC-4 & MGT-7 ₹100 per day 🕒 Continues until compliance is met

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