Regarding filing of adt-1 for casual vacancy

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Querist : Anonymous

Querist : Anonymous (Querist)

16 December 2017 A company’s auditor (ABC) has resigned from his post before the conclusion of the AGM and another auditor (XYZ) was appointed due to casual Vacancy for 6 months till the next AGM. Then in that AGM, XYZ Auditors were appointed again to hold office for five years. Should we file form ADT-1 twice? That is, one for casual Vacancy appointment and other for ratification of appointment for five years? Or only one ADT-1 is enough? If so how should it be done? Kindly explain and it’s urgent.Thanks in advance.

CS Dinesh kumar Gola

CS Dinesh kumar Gola (Expert)
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16 December 2017 Appointment of auditor (XYZ) in case of casual vacancy was technically Upto the conclusion of next AGM [sec.139(8)(i)], so form ADT- 1 is required to intimate the ROC about the same then XYZ is reappointed for 5 year as a fresh ( it's not the case of ratification here bcoz he was appointed Upto the conclusion of AGM only) so another ADT-1 is required to be filed within 15 days from the date of meeting in which he is so appointed.

Querist : Anonymous

Querist : Anonymous (Querist)

16 December 2017 Wow... Thanks. Didn't expect a reply so soon. Thanks a lot.

CS Dinesh kumar Gola

CS Dinesh kumar Gola (Expert)
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16 December 2017 Yes,.. you're welcome !!

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