Nithish Engoor (COMPANY SECRETARIAL CONSULTANT) (37 Points)
20 June 2015Whether 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.
CA Priyanka Kushwaha
(Chartered Accountant)
(1072 Points)
Replied 17 September 2015
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.
karan jit singh
(Consultant)
(1299 Points)
Replied 20 September 2015
| 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
CA Priyanka Kushwaha
(Chartered Accountant)
(1072 Points)
Replied 21 September 2015
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.
Nithish Engoor
(COMPANY SECRETARIAL CONSULTANT)
(37 Points)
Replied 20 October 2015
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.
CAclubindia
