01 June 2016
Dear Colleagues, I have a query regarding Auditor appointment, in a company, In an AGM an Auditor who is having proprietorship firm has been appointed, now after 31st March but before Date of signing of Balance sheet, the Auditor Dissolves its Proprietorship firm and enter into Partnership, now the query is whether the Auditors have to file fresh form ADT-1 for change of name in auditors firm or he can sign the Balance sheet without any intimation to ROC, and also Is company required to pass an ordinary/Special resolution for fresh appointment of same auditor in the Company. what is the correct measure in this case?
01 June 2016
I assume, the auditor has joined a separate firm and closed his proprietorship, since you have used word "dissolved".
In this case, you need to follow all the process of change of auditor. Please remember, while filing original ADT-1, Firm Regn No. (FRN) of the Auditor was given. Now since it is a separate partnership firm, its FRN is certainly different. It does not matter if the old auditor has joined partnership firm. What matters is auditor appointed is no longer in a position to sign with the same old FRN.
However, if the proprietorship has been changed to partnership, then FRN remains same and therefore no need to do anything.
06 June 2016
Our Auditor has not joined a separate firm , his proprietorship has been change to partnership and FRN is also same . i want to ask you whether ADT-1 is require for change in category of auditor or not ? Because in the last annual filling form AOC-4 we have filled category of auditor is individual and Now it is a Partnership firm with same FRN . what step should be taken in this case.
CAclubindia
