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Appointment of first auditor and e-filing of form adt 1

Studentsca (CA Practice ) (3577 Points)

22 December 2016

A private ltd. company was incorporated in May 2015 however no appointment was made as first auditor by the BoD within 30 days or in the EoGM within 90 days. Can the company appoint the first auditor now in December 2016 for the period May 2015-March 2016? If yes what are the consequences for the delay?

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8 Replies

Pratik Shah (Practising Company Secretary) (4432 Points)
Replied 23 December 2016

Obviously, it is not possible to appoint auditor for previous period.

Kindly note that an Auditor is to be appointed within 30 days by Board and within 90 days by Shareholders. However, it is not necessary to file Form ADT-1 for filing appointing First Auditor.

Studentsca (CA Practice ) (3577 Points)
Replied 24 December 2016

why shouldn't be ADT 1 be filed for appointment of first auditor.

1 Like

Pratik Shah (Practising Company Secretary) (4432 Points)
Replied 24 December 2016

Kindly check the rules. Rule 4(2) talks about filing Form ADT-1 but it gives reference of 139(1) only. It does not talk about appointment of first auditor as per 139(6).

If you go for strict interpretation, many people have an opinion for not filing adt-1 for appointing first auditor.

Thought, I always advise to file adt-1 in case of first auditor, but since your case is delayed one, I suggest not to file a form to avoid additional fees. (It is not possible to appoint auditor in current date for previous financial year.)

2 Like

Sadanand Yog Naturopathy (6 Points)
Replied 21 April 2018

My company registered on 9th January 2018 but ADT -1 not filed till now . Please guide me what can I do.

PRASHANT (CS) (60 Points)
Replied 24 April 2018

Simply either show a board meeting within 30 days from the date of incorporation of your company which is 09th January, 2018 and file Form ADT-1 with some additional fee or either show a general meeting within next 90 days after the closure of first 30 days and file Form ADT-1.

Currently you can show a general meeting and file ADT-1 without late fee.

VIBHOR (CA) (43 Points)
Replied 29 September 2018

Hi,

The private limited was incorporated on 07/03/2018 but till now no Auditor is appointed. Should I file ADT-1 now with additional late fees for appointing the auditor? Or just pass a resolution in the books and thats it? Please advise.

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 03 October 2018

ADT-1 is not required to be filed for appointment of first auditor by the Board. Board should appoint the first auditor within 30 days of incorporation. [Sec.139(6)].

Jay Rameshchandra Dholakia (Company secretary) (23 Points)
Replied 27 November 2018

Respected Sir,

But what to do when ROC has raised query regarding ADT-1 SRN for first year annual filling ??? Delhi ROC has raised query. I have inserted Z99999999. Plz Guide.

Thanking You,