Do we need to file ADT1 for first auditor of the Company

Do we need to file ADT1 for first auditor of the Company : I have faced this query many times that Do we need to file ADT-1 for first auditor of the Company. The answer to this is no, we don’t need to file Form ADT-1 for first auditor of the Company.

Do we need to file ADT1 for first auditor of the Company

Legal Text

Section 139(6) of Company Act 2013 talks about Appointment of First Auditors of the newly incorporated company :

(6) Notwithstanding anything contained in sub-section (1), the first auditor of a company, other than a Government company, shall be appointed by the Board of Directors within thirty days from the date of registration of the company and in the case of failure of the Board to appoint such auditor, it shall inform the members of the company, who shall within ninety days at an extraordinary general meeting appoint such auditor and such auditor shall hold office till the conclusion of the first annual general meeting.

Sub Rule 2 of Rule 4 of Chapter X The Companies (Audit and Auditors) Rules, 2014 talks of filing ADT1 in case of Appointment of Auditor :

(2) The notice to Registrar about appointment of auditor under fourth proviso to sub-section (1) of section 139 shall be in Form ADT1.

Fourth proviso to sub-section (1) of section 139 is as follows :

Provided also that the company shall inform the auditor concerned of his or its appointment, and also file a notice of such appointment with the Registrar within fifteen days of the meeting in which the auditor is appointed.

Conclusion :

Following conclusions can be drawn from above mentioned provisions :

• Form ADT1 is required to be filed under fourth proviso to sub-section (1) of section 139.
• Where as the First Auditor of the Company are appointed under Section 139(6) of Company Act 2013.
• Thus in light of above mentioned provisions it can be concluded that we don’t need to file Form ADT1 for appointing first auditor of the Company.

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