ADT-1 form not filled in AGM but appointed in EGM, at that time it was filled
This query is : Resolved
17 September 2022
Auditor was appointed in EGM due to casual vaccancy, at that time ADT-1 was filled for a period 2020-21 but at the time of AGM no ADT-1 was filled for ratification. In Notice the time for which auditor was appointed is mentioned till 2023. How we can ractify this mistake , as the same auditor has audited the accounts for 2021-22.
06 July 2024
To rectify the mistake of not filing ADT-1 for ratification of the auditor's appointment at the AGM for the period 2020-21, you can follow these steps:
1. **File ADT-1 for Ratification:**
- File Form ADT-1 on the MCA portal to rectify the non-filing for ratification of the auditor's appointment at the AGM. Since the auditor was appointed to fill a casual vacancy in the EGM and served until 2023 as per the notice, this should be reflected accurately.
2. **Include in Board Resolutions:**
- Ensure that the board of directors passes a resolution to rectify the non-ratification issue. This resolution should acknowledge the appointment made in the EGM, the oversight in not filing ADT-1 for ratification, and authorize the filing of ADT-1 now to regularize the auditor's appointment.
3. **Filing ADT-1 Details:**
- When filing ADT-1, provide the correct details related to the appointment period, which should align with the notice indicating the auditor's term until 2023.
4. **Communication with Registrar of Companies (RoC):**
- If required, communicate with the RoC to explain the situation and ensure they are aware of the rectification being made. Provide any supporting documents, such as board resolutions and the notice indicating the auditor's appointment period until 2023.
5. **Update in Annual Return (MGT-7):**
- Make sure to update the correct information regarding the auditor's appointment in the annual return (Form MGT-7) for the relevant financial year (2020-21).
6. **Consult with Professionals:**
- It's recommended to consult with a company secretary or a legal professional to ensure compliance with all regulatory requirements and to handle any nuances specific to your company's situation.
By following these steps, you can rectify the mistake of not filing ADT-1 for ratification and ensure compliance with company law regarding the appointment and ratification of auditors in your company.
1. **File ADT-1 for Ratification:**
- File Form ADT-1 on the MCA portal to rectify the non-filing for ratification of the auditor's appointment at the AGM. Since the auditor was appointed to fill a casual vacancy in the EGM and served until 2023 as per the notice, this should be reflected accurately.
2. **Include in Board Resolutions:**
- Ensure that the board of directors passes a resolution to rectify the non-ratification issue. This resolution should acknowledge the appointment made in the EGM, the oversight in not filing ADT-1 for ratification, and authorize the filing of ADT-1 now to regularize the auditor's appointment.
3. **Filing ADT-1 Details:**
- When filing ADT-1, provide the correct details related to the appointment period, which should align with the notice indicating the auditor's term until 2023.
4. **Communication with Registrar of Companies (RoC):**
- If required, communicate with the RoC to explain the situation and ensure they are aware of the rectification being made. Provide any supporting documents, such as board resolutions and the notice indicating the auditor's appointment period until 2023.
5. **Update in Annual Return (MGT-7):**
- Make sure to update the correct information regarding the auditor's appointment in the annual return (Form MGT-7) for the relevant financial year (2020-21).
6. **Consult with Professionals:**
- It's recommended to consult with a company secretary or a legal professional to ensure compliance with all regulatory requirements and to handle any nuances specific to your company's situation.
By following these steps, you can rectify the mistake of not filing ADT-1 for ratification and ensure compliance with company law regarding the appointment and ratification of auditors in your company.
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