prakash (Company Secretary) (1352 Points)
31 August 2014Dear All,
As per section 139 of the Companies Act, 2013, Auditors are appointed in AGM for term of five consecutive years subject to ratification of shareholders in AGM therafter, whether the company requires to file ADT 1 with ROC only at the time of appointment or requires to file ADT 1 even for ratification by shareholders thereafter?
I feel, company requires to file ADT 1 at the time of appointment only, not required to file for ratification.
your views are solicited on this subject.
Abhishek
(CA)
(60 Points)
Replied 31 August 2014
i think the same bcz as per fouth proviso of section 139(1) ".......and also file a notice of such appointment with the registrar within fifteen days of the meeting in which the auditor is appointed."
as the proviso required the information to be filed after the appointment only not after the ratification. hence in my view ADT-1 need to be filed only at the time of appointment.
RoHaN k
(CA & CS)
(308 Points)
Replied 01 September 2014
Yes agree with abhishek. ADT-1 is to be filed within 15 days from the date of appointment and it is specificaly mentioned under section 139, it need not to be file at every ratification.
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