FORM ADT - 1 - APPOINTMENT OF AUDITORS

This query is : Resolved

JAMES VERGHESE (Querist)
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30 March 2022 Our Form ADT - 1 is expired on 2019. Shall we file new ADT -1 form with same Auditor ??? or will expired ADT - 1 SRN applied into form AOC - 4 ???
Please note that we are under Small Company category.

Kindly guide us.

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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07 July 2024 If your Form ADT-1 (Appointment of Auditor) has expired, you'll need to appoint a new auditor and file a fresh ADT-1 with the updated details. Here are the steps you should consider:

1. **Appointment of Auditor**: Since your Form ADT-1 has expired in 2019, you should appoint a new auditor for your company. This appointment needs to be approved by the members of your company in a general meeting.

2. **Filing ADT-1**: File a new Form ADT-1 on the MCA portal with the details of the newly appointed auditor. The ADT-1 form is required to be filed within 15 days of the auditor's appointment.

3. **Small Company Status**: As a Small Company, you are required to comply with the provisions related to appointment and re-appointment of auditors as per the Companies Act, 2013. This includes filing ADT-1 whenever there is a change or renewal of the auditor's appointment.

4. **Expired ADT-1**: The expired ADT-1 cannot be renewed or extended. Each appointment of an auditor needs a fresh filing of ADT-1.

**Form AOC-4**: The expired ADT-1 (SRN) is not applicable for filing in Form AOC-4 (Annual Financial Statements). You should use the SRN of the new ADT-1 that reflects the current auditor's appointment for subsequent filings of AOC-4.

**Compliance Check**: Ensure that all filings are up to date and comply with the required timelines to avoid any penalties or non-compliance issues.

Therefore, proceed with appointing a new auditor and filing a fresh ADT-1 with the updated details. This will ensure that your company remains compliant with the statutory requirements under the Companies Act, 2013. If you have any specific concerns or need further guidance, consulting with a professional chartered accountant or company secretary would be beneficial. They can assist you with the correct filing procedures and compliance obligations specific to your company's situation.