How to file ADT-1 in case of a casual vacancy?
Here, I am going to give you a simple approach of filing ADT-1 in the case of ‘Casual Vacancy’ of an auditor (pursuant to Section 139(8) of the Companies Act, 2013.
Form ADT-1 is filed by the company within 15 days from the date of appointment of the auditor.
Steps to file ADT-1 Form
Step 1: The first step is to keep the following documents/information in hand as we will require
Documents required to be attached along with Form ADT-1
- Resignation Letter and No Objection Certificate from the previous auditor.
- Board Resolution to call an Extra-Ordinary General Meeting (EGM)
- Notice for calling an EGM.
- Ordinary Resolution passed at the meeting of shareholders.
- Consent Letter and Eligibility Certificate from the new auditor.
- Appointment Letter/intimation sent to the New Auditor.
- SRN of ADT-1 of the resigning auditor (important)
Step 2: The second step would be to merge the Board Resolution, Notice, and Resolution into one PDF file.
Step 3: The third step would be to download the latest form from the MCA’s site. Forms are regularly updated by the MCA. So make sure you download the latest form available before filling it
Step 4: Filling up the common details of the company.
Step 5: Mention the dates carefully as they should be in proper order. They should be in the following order.
- At first, there should be Board Meeting and the Resolution to call the Extraordinary General Meeting.
- Afterward the notice for calling EGM (Please make sure there is a clear 21 days gap in between the date of Notice and the date of EGM. If not, then also obtain ‘Consent for Short Notice from 95% of the shareholders.
- Consent and Eligibility from the new auditor.
- Then conduct the EGM.
- Intimation sent by the company to the new auditor.
Step 6: In the case of SRN(Service Request Number) of the relevant form, please mention the SRN of ADT-1 of the ‘Resigning Auditor’
Step 7: Attach all documents carefully. Make sure the attachments are well compressed.
Step 8: Click on ‘Check Form’
Step 9: Then digitally sign the form using Digital Signature.
Step 10: Click on ‘Prescrutiny’ and upload the form on the MCA website.
Disclaimer: This is not professional advice. This article is solely meant for educational purposes. In case of doubt, please seek professional advice.