Form adt-1 for previous appointments

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Querist : Anonymous

Querist : Anonymous (Querist)

19 July 2014 In our company for FY 2013-14, Auditor is appointed in AGM and the same has intimated to Auditor. But Auditor has failed to file his appointment to ROC. Now no Form 23B is available on MCA portal to intimate his appointment to ROC.
1)How this intimation has to be given to ROC???
2) According to provisions of Companies Act,2013, Company has to intimate Auditor appointment to ROC in Form No. ADT-1.

What is the solution for this situation. Is ADT-1 has to be filed with ROC by Company. or is there any mode to intimate to ROC.

Ankur Garg

Ankur Garg (Expert)
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21 July 2014 Auditor Form 23B has been replaced by Form ADT.1

I have observed that many companies have not filed form 23B last year for FY 2013-14 when they appoint Auditor in the AGM and now they are worried what to be filled in form 23AC and 23ACA in place of SRN No. of form 23B. I have analyzed this issue and my opinion is mentioned below.

“Kindly appreciate that Form 23B has been discontinued by MCA now. So for Annual filing forms like 23AC and 23ACA for the FY 2013-14, it would not be possible to fill SRN of 23B, if you have not filed form 23B last year in respect of FY 2013-14.

As per section 224(1) of Companies Act, 1956, ideally Form 23B should have been filed last year by the Auditor after appointment of Auditor for FY 2013-14 in the AGM.

However, now as per new rule prescribed in section 139(1), Auditor appointed at the AGM is to be intimated by the Company to the ROC within 15 days of appointment through filing of form ADT.1. Form ADT.1 is to be filed through E-form GLN.2. Kindly refer MCA General Circular No. 9/2014 dated April 25, 2014.

So now in place of filing form 23B for FY 2013-14, one can file form ADT.1 through E-form GLN.2 with late fee in respect of FY 2013-14. In this case you can very much use the SRN of form GLN.2 filed in respect of FY 2013-14 when you prepare form 23AC and 23ACA for FY 2013-14.”

This is my personal understanding.

Thanks
CS Ankur Garg

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Ankur Garg

Ankur Garg (Expert)
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Querist : Anonymous

Querist : Anonymous (Querist)

21 July 2014 Ankur Sir,

1) How can the late fee be paid while filing these pending auditor appointments??

2) Will system automatically calculate the delay by taking the consideration of Date of event (auditor appointment date)

3) Since there is option to filling the year to which auditor is being appointed, how the MCA will take this appointment for the respective year

4)What to be filled in the 6th column of GNL-2(relating to section under which document is being filed)

Pl clarify me in the above questions