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Auditor's appointment

Gudipati Roja (Audit manager) (131 Points)

03 December 2018

Good evening,

For one of our client auditor's appointment has not been done for FY:2017-18 IN A.G.M. i.e., not filed ADT-1, but financials for that year has been filed and same auditor's are continuing then what are the course of actions available now,

As per Sec-139(10) of Co.Act,2013 if auditor's are not appointed in AGM then existing auditor's can continue.Do that mean ADT-1 need not be filed for FY 2017-18.and now is it enough if it is filed for FY 2018-19. If so what is the SRN no. that is to be filled in AOC-4 for FY 2017-18.

Please suggest me if there is any other alternative available.

Thanks in advance.

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7 Replies

Nabin Raj Uprety (Manager @ CA Parmeswaran & Co. ) (168 Points)
Replied 03 December 2018

As per 2013 companies act, auditor is appointed for 1st AGM till conclusion of 6th AGM. So there is no need to file separate ADT-1 for every year, if same Auditor is continuing as an Auditor. ADT1 filed on 1st year will be enough till conclusion of the 6th AGM. Only when there is a change in Auditor one needs to file ADT-1.

Gudipati Roja (Audit manager) (131 Points)
Replied 04 December 2018

Tq Nabin ji for reply...but in this case term of 5 yrs expired in FY 2016 17 itself.So in that AGM auditor has not been appointed for FY 2017-18

Nabin Raj Uprety (Manager @ CA Parmeswaran & Co. ) (168 Points)
Replied 04 December 2018

Existing auditor will continue to be Auditor in this case when no CA is appointed in AGM., however one should check the disqualification of auditor, further more we should check whether the Rotation for Auditor is applicable in this case of not, if yes he cannot hold the office by statue.

Gudipati Roja (Audit manager) (131 Points)
Replied 04 December 2018

Do that mean ADT-1 need not be filed for FY 2017-18.and now is it enough if it is filed for FY 2018-19. If so what is the SRN no. that is to be filled in AOC-4 for FY 2017-18.

Nabin Raj Uprety (Manager @ CA Parmeswaran & Co. ) (168 Points)
Replied 04 December 2018

SRN number can be Z999999.

kapil gupta (217 Points)
Replied 04 December 2018

Hello gudipati
You have asked a querry for which companies Act 2013 is silent.
According to sec 139(10) if no auditor appointed then existing auditor shall continue
It has not prescribed further that HOW AND IN WHAT MANNER AND IN WHAT TIME NEW AUDITOR SHALL BE APPOINTED.
So refering to your question
SITUATION #1
If your AOC-4 can be filed without SRN no. of ADT-1 then file it in financial year 2018-19 as and when you appoint new audiotr
SITUATION#2
and if not, then appoint the new auditor as per 139(8) i.e. casual vacancy by board of director withing 30 days of AGM as 139(10) is silent on method of appointment and then file ADT-1 ASAP.So in that case you will get your SRN no.
Further check for any new circualar on mca.gov.in.
I have answered this question to the best of my knowledge and belief .
Hopefully this answer will satiate your querry
THANKS.