Sri Tejaswi Narra (Articleship Assistant) (32 Points)
09 January 2016
Mayur Kashinpure
(Student)
(341 Points)
Replied 09 January 2016
| Originally posted by : Sri Tejaswi Narra | ||
 |
Is ADT-1 mandatory in case of appointment of first auditor? If ADT-1 is not mandatory then kindly mention the form name which is mandatory in case of first auditor appointment |  |
Section 139 of the Companies Act, 2013 is a modified version of section 224 of the Companies Act, 1956.
Harmonious interpretation of sub-section (1) of Section 139 which starts with “Subject to provisions of this chapter” and sub-section (6) of Section 139 which starts with “ Notwithstanding anything contained” would lead to a conclusion that only those provisions of sub-section (1) of section 139 would not apply to sub-section (6) which are contrary to it. 2nd, 3rd and 4th proviso to sub-section (1) of Section 139 are not contrary to provisions contained in sub section (6) of section 139 and therefore should be complied with.
Hence, intimation to Auditor (by way of letter of appointment) and Registrar of Companies (in Form ADT -1) should be given within 15 days from the date of appointment of first auditor by the Board or by the members at the extra-ordinary general meeting, as the case may be.
These are my personal views. Please refer sub section (1), (5) and (6) of section 139 of the Companies Act, 2013 and relevant rules.
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