Regarding adt 1 filling

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

01 February 2017 A PVT LTD COMPANY INCORPORATED IN JUNE 2015 BUT TILL DATE 31.01.2017 NOT FILLING FORM ADT 1 FOR APPOINTMENT OF FIRST AUDITOR OF COMPANY, AND ANY OTHER DOCUMENT. GUIDE US WHICH FORM ARE PROCESS FOR FILLING (ANNUAL ROC FORM), RELAXATION, CHARGES FOR NOT FILLING AND DUE DATE OF FILLING RETURN OF ABOVE FILE ETC
PLEASE GUIDE ME

Abhishek gupta

Abhishek gupta (Expert)
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01 February 2017 Not Required to file first Auditors Adt-1.
Just file File MGT-7, AOC-4 for the F-Y:15-16 and ADT-1 for appointment of Auditor in first AGM for 5 years

Querist : Anonymous

Querist : Anonymous (Querist)

01 February 2017 THANKS,

AND WHEN FILL
FORM MGT-9 ???

Abhishek gupta

Abhishek gupta (Expert)
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01 February 2017 As per my views:
MGT-7 in itself is Annual Return and MGT-9 is no more required.
Kindly refer the provisons for the same.
Thanks.

Querist : Anonymous

Querist : Anonymous (Querist)

21 March 2017 after filling form MGT 7 Status of such form is - Pending for Upload of Investor wise details and open window www.iepf.gov.in
how to solved this query? Please guide me.
and also guide for filling form MGT 14

Asha Kanta Sharma

Asha Kanta Sharma (Expert)
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20 July 2025 To address the various points in your query, let's break down the issue and provide guidance step-by-step.

1. First Auditor Appointment (Form ADT-1)
The Form ADT-1 is required to be filed for the appointment of the first auditor of the company. Since the company was incorporated in June 2015 and the first auditor appointment is yet to be done (as of January 31, 2017), you need to file Form ADT-1 without further delay.

Due Date: ADT-1 must be filed within 30 days from the date of the company's first AGM (Annual General Meeting) or within 30 days of the appointment if done outside the AGM.
Penalties/Charges for Delay: If this is filed late, there might be a penalty. The penalty can vary depending on how late the filing is, but typically it involves a late fee starting from Rs. 100 per day (for delay beyond the due date) and could go up to Rs. 100,000 depending on the length of delay and non-compliance.
2. MGT-7 (Annual Return Filing)
MGT-7 is indeed the Annual Return form, and it must be filed by every company, including PVT LTD companies, within 60 days from the date of the Annual General Meeting (AGM).

Due Date:
If the company holds an AGM in 2017 (e.g., in August), the MGT-7 will be due by October 2017 (60 days from the date of AGM).
For the fiscal year 2016-17, the AGM and filing would typically be done around August 2017, assuming the company is following the usual pattern.
Important: If the form shows a "Pending for Upload of Investor-wise Details", it suggests the IEPF (Investor Education and Protection Fund) details are required to be filled before filing the form.
MGT-9 is no longer required. The Ministry of Corporate Affairs (MCA) removed the need for MGT-9 for filing the Annual Return starting from 1st April 2017. You only need to fill MGT-7.
3. Form MGT-14 (Filing of Resolutions)
Form MGT-14 is required to file certain resolutions passed by the board or the shareholders (such as special resolutions). For example:

Form MGT-14 is required when:
A resolution regarding the appointment or removal of an auditor is passed.
A resolution related to the issue of shares, alteration in the memorandum/articles of association, etc., is passed.
Filing Process:

The due date for filing MGT-14 is within 30 days of passing the resolution.
You can upload the signed resolution in MGT-14 after the board meeting.
4. IEPF (Investor Education and Protection Fund) Compliance
If your MGT-7 form shows a "Pending for Upload of Investor-wise Details", it means the company may have unclaimed shares or dividends that need to be transferred to the IEPF.

To resolve this issue, follow these steps:

Access the IEPF Portal at www.iepf.gov.in.
Ensure that Investor-wise Details are correctly entered in the form. This includes details about any unpaid or unclaimed dividends and shares that may need to be transferred to the IEPF account.
Once you complete this, your MGT-7 filing can proceed smoothly.
5. Consequences of Non-Filing and Relaxations
Relaxations: The Ministry of Corporate Affairs (MCA) has periodically given relaxations regarding late fees and penalties for specific filing delays. However, no specific relaxation is given for delayed filings of ADT-1, MGT-7, or MGT-14 in most cases.
Charges for Non-Filing: Penalties can add up over time, and the company could face a penalty for non-compliance, which can extend beyond just financial penalties and could even affect the company's legal status in extreme cases.
Penalty for Late Filing (from the MCA website):
MGT-7: Penalty of Rs. 100 per day (up to Rs. 1,00,000).
ADT-1: Similar penalty structure as above.
Summary of Steps:
File ADT-1 for first auditor appointment, if not yet filed.
Complete IEPF details and resolve pending upload issues in MGT-7.
File MGT-7 as the Annual Return (MGT-9 is not required).
File MGT-14 if any relevant resolutions have been passed.
Ensure compliance with due dates and penalty payments for late filings.

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