Introduction to Form ADT-1

In the corporate compliance landscape, the Form ADT-1 | Appointment of First Auditor plays a crucial role in ensuring financial transparency and regulatory adherence. Notifying the Registrar of Companies (ROC) of a company's employment of an auditor is a required filing under the Companies Act of 2013. The timely submission of Form ADT-1 | Appointment of First Auditor ensures that businesses remain compliant with statutory regulations, avoiding unnecessary penalties and legal consequences.

Requirements for Filing Form ADT-1

Except for government companies, all businesses created under the Companies Act of 2013 are required to designate their first auditor within 30 days of the date of establishment. In the event that the Board of Directors is unable to make the appointment, the shareholders will designate the first auditor at an Extraordinary General Meeting (EGM) within ninety days. Filing Form ADT-1 | Appointment of First Auditor with the ROC is mandatory for maintaining compliance.

Due Date to File MCA Form ADT-1

To ensure compliance with legal requirements, the following timelines must be adhered to:

• Within 30 days of the company's incorporation, the Board of Directors must choose the first auditor; if the Board is unable to do so, shareholders have 90 days to complete the appointment.
• Within 15 days of the appointment date, Form ADT-1 | Appointment of First Auditor must be submitted.

Failing to meet these deadlines may lead to penalties and legal repercussions.

Details of Auditor to be Submitted

When filing Form ADT-1 | Appointment of First Auditor, certain key details about the auditor must be provided, including:

• The auditor's name
• Membership number after appointment
• PAN and contact details of the auditor
• Auditor’s Firm Registration Number (if applicable)
• Tenure of appointment
• Consent letter and eligibility declaration by the auditor

For the form to be submitted successfully, it is essential that these details are accurate.

Required Documents for Form ADT-1 Submission

In order to submit Form ADT-1 | Appointment of First Auditor, businesses need to provide the following paperwork:

1. Board Resolution Copy – Approving the appointment of the auditor.
2. Consent Letter from the Auditor – Confirming acceptance of the appointment.
3. The auditor's declaration confirming adherence to Section 141 of the 2013 Companies Act.
4. The Ministry of Corporate Affairs' (MCA) Certificate of Incorporation (COI).
5. PAN Card of the Auditor/Audit Firm – For verification purposes.
6. Engagement Letter – Between the company and the auditor.
7. Form MGT-7 (if required) – Containing company details.

Penalty on Delayed Filing of Form ADT-1

Failure to submit Form ADT-1 | Appointment of First Auditor within the prescribed timeline attracts penalties. The company may be subject to fines imposed by the ROC, which increase based on the delay duration. Directors and officers in default may also be held accountable. The penalty structure includes:

• Delay up to 30 days: ?300 per day
• Delay beyond 30 days: Additional late fees as per MCA guidelines

Companies must make sure that filing requirements are met on time in order to prevent financial and legal repercussions.

Important Considerations for Form ADT-1

• Mandatory Filing: It is required by law to file Form ADT-1 | Appointment of First Auditor.
• Online Submission: The form must be submitted online through the MCA portal.
• Director’s Digital Signature: The form requires authentication through a Digital Signature Certificate (DSC) of an authorized director.
• Professional Certification: A company secretary, chartered accountant, or cost accountant in active practice must certify the form.
• Amendments and Rectifications: If errors are found post-filing, rectifications must be made promptly.

Filing of Form ADT-1

The step-by-step process to file Form ADT-1 | Appointment of First Auditor includes:

1. Login to MCA Portal: Access the MCA e-filing system.
2. Download Form ADT-1: Visit the MCA website to get the most recent version.
3. Fill in Required Details: Complete company and auditor details accurately.
4. Attach Supporting Documents: Upload necessary attachments, including resolutions and auditor consent.
5. Affix DSC and Verify: Apply the DSC of an authorized signatory and get professional certification.
6. Submit and Pay Fees: File the form electronically and pay the requisite fees.
7. Generate Acknowledgment: Upon successful submission, the MCA issues an acknowledgment.

Conclusion

One crucial compliance requirement that makes sure businesses follow the guidelines of the Companies Act of 2013 is the Form ADT-1 | Appointment of First Auditor. Timely filing, accurate documentation, and adherence to due dates help businesses avoid penalties and maintain their statutory obligations. Properly appointing and notifying the first auditor lays the foundation for strong corporate governance and financial transparency.