Appointment of Auditors

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The auditors in the company seek to protect the shareholders’ interests. The auditor is obliged by statute to review the managers’ accounts and notify them of the company’s actual financial status. To ensure that the company is safe and stable, the Auditor gives its independent opinion to the company’s owners or shareholders.

In compliance with the Companies Act’s provisions, after incorporation of a company in the first annual general meeting, an Auditor must be appointed by the Board of Directors. The Auditor will typically hold term till the conclusion of 6th AGM or 5 years. The appointment of an Auditor can also be made for a period of 1 year, renewable at each annual general meeting.

The appointment of First Auditor of the Company must be completed by the Board of Directors within 30 days of incorporation. In case the Board of Directors fail to appoint an Auditor, the members of the company must be informed. The members will then be required to appoint an Auditor within 90 days at an Extra Ordinary General Meeting. An Auditor so appointed will hold office until the conclusion of 1st Annual General Meeting.

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Qualifications of an Auditor

– A person is eligible for the appointment as an auditor only if he is a Chartered Accountant.

– A firm is eligible for the appointment as an auditor only when the majority of its partners are Chartered Accountants practicing in India.

– In the case where a limited liability partnership firm is appointed as auditor, only the partners who are Chartered Accountants will be authorized to act and sign on behalf of the firm.

Section 139

The companies listed in Section 139 (belonging to the class or classes of companies as mentioned in the section) and Rule 5 of the companies (audit and auditor) rules, 2014, will not:

1. Appoint an individual as auditor for more than one consecutive five-year tenure;

2. Appoint an auditing firm for more than two terms of five consecutive years

Provided, the auditor who has finished his term will not be eligible for reappointment in the same company or the auditing firm who has completed a two-year tenure is not eligible for appointment in the same company for five years.

How we Work?

Step 1

Fill-up our Contact Form and Submit

Step 2

Our Expert/ Legal Professional will contact you and provide brief guidance into the related context

Step 3

All Required Documents and Details to be provided as discussed with our Expert

Step 4

Once all required documents and details are received, Our Expert will prepare and verify your application.

Step 5

Filing of E Form ADT-1

Documents Required for filing E form ADT-1

A written consent from the auditor.

Copy of Board Resolution of Company

Appointment letter to Auditor.

Name, Address, Email ID and PAN number of the Auditor or Auditor Firm.

A number of years for which the firm is appointed

NOC from old auditors (in case of New Auditors appointment)

Details of the resigning auditor firm, if any.

Our Charges

Our charges for filing of Appointment of Auditors starts from Rs. 1,999/-.

Frequently Asked Questions

1. Who Will Appoint First Auditor?

As per Section 139(6) First Auditor will be Appoint by Board of Directors of Company within 30 days of Incorporation of Company.

2. What if the Board is not able to appoint the first Auditor within 30 days of incorporation?

If the Board fails to appoint, then it shall inform the members about the same. The members shall within a period of 90 days, at an extraordinary general meeting, appoint an auditor.

3. What would be tenure of first auditor?

First auditor, appointed as above, shall hold the office till the conclusion of first Annual General Meeting the Auditor will typically hold term till the conclusion of 6th AGM or 5 years.

4. What is time limit to File ADT-1?

Company needs to file ADT-1 within 15 days from the date of appointment in Board meeting.

5. Who is an Auditor?

Any individual trained to review and verify accounting data and recognised as a Chartered Accountant (CA) under the Chartered Accountant Act 1949 is deemed to be an auditor.

6. Whether ADT-1 filing mandatory for every five years in the case of pvt ltd companies not falling under Sec 139(2)?

Yes, every company has to file form ADT-1 for the appointment of an auditor once the period of 5 years gets completed irrespective of whether the company is falling under section 139(2) of the Companies Act, 2013.

7. Types of Casual Vacancies?

As per Section 139(8): There are two type of Casual Vacancies:
1. Due to Resignation of Auditor
2. Due to any other Reasons.

8. Situations When we require to Appoint Auditor in EGM.

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