IShan (Article) (39 Points)
14 February 2017I incorporated a Pvt LTd Company in April, 2015, Authorised Cap 10L and
i did not file ADT1, for first auditor appointment, fine of which is 400+ 12times of 400=5200
ADT 1 for appointment of auditor, 400 + 10time=4000
MGT 7, 400+(6X400)= 2800
AOC4, 400+ 400x10 = 4400
My company did not have even a single transaction,
can i request MCA to waive my penealty on the basis of it did not start its operations and incurring heavy penealty. ?
P C Agrawal
(Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)
(8229 Points)
Replied 15 February 2017
There is no provision for waiver of payment of additional fee to ROC for late filing by any specific company. ROC some times gives exemption to all companies in case of any technical issues with MCA portal during specific period.
Studentsca
(CA Practice )
(3577 Points)
Replied 15 February 2017
Studentsca
(CA Practice )
(3577 Points)
Replied 16 February 2017
IShan
(Article)
(39 Points)
Replied 17 February 2017
I have a CA, and prepared my Fin St.. He vl be appointed when i file ADT1
Studentsca
(CA Practice )
(3577 Points)
Replied 17 February 2017
As you have a CA who will be appointed as the first auditor of your company discuss with him as paying filing fees for ADT 1 can be avoided legally. He would be knowing it. The rest you have to pay as it is unavoidable.
If he does not cooperate then we can discuss accordingly.
IShan
(Article)
(39 Points)
Replied 17 February 2017
is it possible to not file ADT1 FOR FIRST APPOINTMENT OF AUDITOR?
no need to file any form reason as given below:
VIEW: 1
– Tenure of First auditor will be upto First AGM only.
– A per Sub rule 2 of Rule 4 of The Companies (Audit and Auditor) Rules, 2014: The Notice to Registrar about appointment of auditor under fourth proviso to sub-section (1) of Section- 139 shall be in form- ADT-1.
— Sub- Section- 1 of Section- 139 talks about appointment of subsequent Auditor in AGM.
— Sub section 6 of Section 139 talks about Appointment of First Auditor given in.
As per the new companies act 2013, company is required to inform registrar of companies (ROC) in writing that auditor has been appointed by filling form ADT1 within 15 days from the meeting date in which auditor has been appointed.
However, such requirement is not applicable to the first auditors as these provisions are applicable to the auditors appointed under section 139(1) of the Companies Act, 2013 and first auditors are appointed under section 139(6) of the Companies Act 2013.
This means, filling of form ADT1 is not required for first auditor under Companies Act 2013.
VIEW: 2
It is worth noting here that only in respect of the auditors appointed under section 139(1) Company is under an obligation to give notice of appointment to the Registrar in Form No. ADT 1 through E-form GLN.2.
Therefore, in case of appointment of first auditor
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