Appointment of auditor

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Ankita Srivastava (Querist)
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27 October 2015 what should be the time limit for appointment of auditor in case first financial year ends on 31 march 2015 and consist of 13 months i.e. company incorporated in march 2014.

CA NAVEEN SINGLA

CA NAVEEN SINGLA (Expert)
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27 October 2015 The First Auditor would be appointed within 30 Days of Incorporation. In your Case 1st AGM is due on 31.12.2015 but In 1st AGM Auditor for next Financial Year i.e 2015-16 would be appointed.

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Ankita Srivastava

Ankita Srivastava (Querist)
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27 October 2015 Is it necessary to file ADT 1 for First auditor? secondly due date for ROC Annual filing is 30 days aftr AGM means in January 2016 in this case? lastly intimation about appointment of second auditor is required to be intimate with in 15 days i.e. 15.01.2016?

CA NAVEEN SINGLA

CA NAVEEN SINGLA (Expert)
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27 October 2015 ADT-1 is not required for 1st Auditor. In Your case Yes Due Date is 3oth January,2016. However You would be able to file AOC-4 only and if you file ADT-1 of the Auditor for F.Y 2015-16 because The ROC would be come to know about First Auditor only after filing of ADT-1 for F.Y 2015-16.

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Ankita Srivastava

Ankita Srivastava (Querist)
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27 October 2015 it means i can take the date of AGM on 30.11.2015 and will appoint auditor in AGM, file ADT 1 till 15.12.2015 and will file ROC annual return with in december 2015.
Is it okay Sir?
I am very thankful to you Sir

Ankita Srivastava

Ankita Srivastava (Querist)
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28 October 2015 CA NAVEEN JI If we will not file ADT 1 for the first Auditor then what we should write in the Coloumn "SRN of form ADT-1" in AOC 4?
as the ADT 1 for subsequent auditor is not applicable for this year form.

Pratik Shah

Pratik Shah (Expert)
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29 October 2015 Form AOC-4 is asking for SRN of ADT-1 filed for first auditor, even though as per provisions of 139, it was not necessary to file.

If you have not filed the form adt-1 for first auditor, you won't be able to file AOC-4 till the time MCA corrects this error.

CA NAVEEN SINGLA

CA NAVEEN SINGLA (Expert)
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31 October 2015 Dear Pratik & Ankita. In case of 1st Auditor not ADT-1 is required to file but You will file the ADT-1 for Auditor Appointment in 1st AGM. The Reason is how the Department would come to know who is the 1st Auditor. This is possible only after filing of ADT-1 for the Auditor Appointment in 1st AGM.

Hope both of you are clear now

CA NAVEEN SINGLA

CA NAVEEN SINGLA (Expert)
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31 October 2015 If Deptt Accept the Form with Z99999999 as SRN then Any body can become the 1st Auditor. But for the sake of precaution AOC-4 for 1st Bal Sheet would be accepted only after filing of ADT-1 by the Co. By doing this Co. itself will intimate the ROC about the 1st Auditor and Next One if 1st Auditor is not Reapointed

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