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Auditor Appointment
Preparation of Form ADT-1
Filing of Form ADT-1
Acknowledgment/Receipt of ADT-1
₹3,000.00 Original price was: ₹3,000.00.₹1,500.00Current price is: ₹1,500.00.
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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.
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Section 139 of the Companies Act governs the appointment of auditors.
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The auditor is usually appointed for a 5-year term, subject to ratification.
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Applicable To: All companies except one-person companies and dormant companies
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Type of Auditor: Chartered Accountant or CA firm
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Appointment By:
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First Auditor: By Board of Directors within 30 days of incorporation
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Subsequent Auditors: By members in AGM
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Tenure: 5 years (with annual ratification if applicable)
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📌 From the Company:
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🧾 Board Resolution for appointment of auditor
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🧾 Shareholders’ Resolution (for subsequent auditor appointment in AGM)
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🧾 Notice of AGM or Board Meeting
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🧾 Certificate of Incorporation
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🧾 PAN Card of the Company
📌 From the Auditor:
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🧷 Consent Letter from the proposed auditor under Section 139
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🧷 Eligibility Certificate under Section 141 of Companies Act, 2013
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🧷 Declaration of Non-Disqualification
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🧷 Professional Membership Details (CA Firm Registration Number)
📌 For MCA Filing:
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🗂 Duly filled Form ADT-1
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🗂 Digital Signature Certificate (DSC) of Director or Authorised Signatory
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🗂 Email ID and Mobile Number for OTP verification (if filing through a professional)
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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
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Pass a resolution to appoint the first auditor (within 30 days of incorporation), or
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Recommend the auditor for appointment/reappointment in the AGM
🔹 Step 2: Collect Auditor’s Documents
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Get written Consent Letter, Eligibility Certificate, and Non-disqualification Declaration from the proposed auditor or CA firm.
🔹 Step 3: Conduct AGM (if applicable)
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Shareholders must approve the appointment of the auditor for 5 years at the first AGM.
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Pass a shareholder resolution confirming the appointment.
🔹 Step 4: File Form ADT-1
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Log in to MCA Portal
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Fill in Form ADT-1 with details like auditor’s name, PAN, tenure, firm registration number, etc.
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Attach auditor’s documents and resolutions
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Affix DSC and submit online within 15 days of appointment
🔹 Step 5: Save Acknowledgment
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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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