Ratification of appointment of auditor

Whether a company need to file ADT-1 upon ratifying the appointment of auditor every year u/s 139 of Cos Act 2013? 

Kindly provide resolution of ratification of appointment of auditor.

Replies (4)

No filing of Form ADT 1 is not required every year. If the Auditors have been appointed for five years then filing of Form ADT 1 is required only once witin 15 days after the First AGM in which they are appointed for five years. However, in every AGM subsequent to such appointment, a resolution for ratification of the appointment is required to be passed in AGM till completion of five years. This is confirmed from Ministry of Corporate Affairs as well.

Originally posted by : Priyanka
No filing of Form ADT 1 is not required every year. If the Auditors have been appointed for five years then filing of Form ADT 1 is required only once witin 15 days after the First AGM in which they are appointed for five years. However, in every AGM subsequent to such appointment, a resolution for ratification of the appointment is required to be passed in AGM till completion of five years. This is confirmed from Ministry of Corporate Affairs as well.

please mention the MCA notification in supporting of your comment

No such notification exists, however, this has been informed by MCA officials. As well as there will be no relevance of five years appointment if the same filing would be needed to be repeated every year instead of the fact that no fresh appointment is being done. Please note that a resolution for the ratification of appointment in every AGM after the appointment shall needs to be passed.

But the Kerala ROC officials direct us to file ADT-1 even for ratification. And there is no any exemption notification or circular.

And while filing AOC-4 for FS we have to give SRN of ADT-1 filed and may be in next year while we use the same SRN there may be chances of rejection. So we have filed the ADT-1.

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