First auditor


This query is : Resolved 

(Querist)
06 February 2016 sir we appoint first auditor as per section 139(6) of companies act 2013.
and FORM ADT-1 is file under section 139(1) means for appointment of subsequent auditor.
so how we file FORM ADT-1 for appointment of first auditor.

Arpit Shah (Expert)
06 February 2016 https://taxguru.in/company-law/appointment-auditor-companies-act-2013.html

Arpit Shah (Expert)
06 February 2016 https://taxguru.in/company-law/process-appointment-auditor-companies-act-2013.html

06 February 2016 As per section 139(6) the first auditor of the company shall be appointed by the Board within 30 days of Incorporation. In case of Board’s failure, an EGM shall be called within 90 days to appoint the first auditor. The law is silent regarding from when this time limit of 90 days be reckoned, it is better to take a stricter view and interpret that the 90 days limit starts from Incorporation rather than expiry of 30 days.

06 February 2016 MCA is accepting ADT-1 for first auditor's appointed u/s 139(6).


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