Frequently Asked Questions
Real buyer questions on ADT-1 filing, the 2025 Amendment Rules, the 5-year auditor term, and the ADT-1 / ADT-2 / ADT-3 distinction.
Form ADT-1 is the auditor appointment intimation filed with the Registrar of Companies under Section 139 of the Companies Act, 2013 read with Rule 4 of Companies (Audit and Auditors) Rules, 2014. It must be filed within 15 days of the appointment - whether by Board for the first auditor under Section 139(6) or by Members at the AGM for subsequent 5-year appointment under Section 139(1). For removal of auditor, the deadline extends to 30 days from the decision.
Yes. Per the Companies (Audit and Auditors) Amendment Rules, 2025 effective 14 July 2025, ADT-1 is mandatory for all first auditor appointments, including those made by the Board of Directors within 30 days of incorporation under Section 139(6). The previous Rule 4(2) exemption for first-auditor Board appointments has been removed. Most older content still says first-auditor ADT-1 is exempt - this is no longer accurate.
Under Section 139(1) of the Companies Act, 2013, an auditor appointed at the first AGM holds office from the conclusion of that AGM until the conclusion of the 6th AGM - effectively a 5-year term. Reappointment is then required for another 5 years. Under Section 139(2), audit firm rotation applies every 5 years (individual) or 10 years (firm) for listed companies and prescribed classes. Small companies and OPCs are exempt from rotation.
Required documents include the written consent of the auditor under Section 139, certificate of compliance with Section 141 conditions, board resolution (for first auditor under Section 139(6)) or AGM ordinary resolution (for subsequent appointment under Section 139(1)), auditor PAN and ICAI membership details, firm registration number, term of appointment, and active DSC of both the company signatory and the auditor.
Late ADT-1 filing attracts a multiplier-based additional fee under the Companies (Registration Offices and Fees) Rules, 2014 - 2x normal fee for up to 30 days delay, escalating to 12x for delays beyond 180 days. Section 147(1) imposes a company fine of Rs 25,000 to Rs 5 lakh and an officer-in-default fine of Rs 10,000 to Rs 1 lakh. The auditor faces a Section 147(2) fine of Rs 25,000 to Rs 5 lakh or 4x remuneration whichever is less.
ADT-1 is the auditor appointment intimation filed by the company under Section 139. ADT-2 is an application to the Central Government for removal of an auditor before expiry of term under Section 140(1) read with Rule 7. ADT-3 is the auditor's notice of resignation filed by the auditor (not the company) under Section 140(2) read with Rule 8, within 30 days of resignation. ADT-4 is the fraud reporting form filed by the auditor under Section 143(12).
Yes. ADT-1 is mandatory for every company registered under the Companies Act, 2013 - including One Person Companies and small companies under Section 2(85). Both must appoint an auditor and file ADT-1. The relief for small companies and OPCs lies elsewhere - they are exempt from mandatory auditor rotation under Section 139(2), and small companies are exempt from CARO 2020 reporting. The ADT-1 intimation itself remains mandatory.
No. Audit firm rotation under Section 139(2) applies to listed companies, unlisted public companies with paid-up share capital of Rs 10 crore or more, private companies with paid-up share capital of Rs 50 crore or more, and companies with public borrowings of Rs 50 crore or more. Small companies under Section 2(85), OPCs, and other private companies below these thresholds are exempt. Where rotation applies, individual auditor rotates every 5 years and audit firm every 10 years.
Quick Answers
What is ADT-1? Auditor appointment intimation to ROC under Section 139 of the Companies Act, 2013.
When is ADT-1 due? Within 15 days of appointment (board meeting for first auditor; AGM for subsequent appointment); 30 days for casual vacancy filling or auditor removal.
First auditor - is ADT-1 mandatory? Yes. Per Companies (Audit and Auditors) Amendment Rules, 2025 effective 14 July 2025, ADT-1 is now mandatory even for first auditor appointment by Board. The old Rule 4(2) exemption is gone.
What is the auditor term? 5 years under Section 139(1) - from conclusion of AGM until conclusion of 6th AGM. Reappointment then required.
Who is exempt from rotation? Small companies under Section 2(85), OPCs, and private companies below Section 139(2) thresholds (Rs 50 crore paid-up capital or Rs 50 crore public borrowings).
What does Patron charge? Standalone Rs 3,000 to 5,000. FREE if Patron is engaged as your statutory auditor.
Penalty for late filing? Multiplier-based additional fee (2x to 12x normal fee) PLUS Section 147 fines on company, officer, and auditor up to Rs 5 lakh.
ADT-1 form kya hai aur kab file karna hai? ADT-1 hai auditor appointment ki ROC ko intimation - Section 139 ke under. Appointment ke 15 din ke andar file karni hoti hai (board meeting ya AGM jisme bhi auditor appoint hua ho). 14 July 2025 se naya rule aaya hai - ab first auditor (jo Board appoint karta hai 30 days mein) ka bhi ADT-1 mandatory hai - pehle exempt tha. Patron Rs 3,000 se Rs 5,000 mein standalone file karta hai, ya audit engagement ke saath free bundle karta hai.
Auditor 5 saal ke liye kaise appoint hota hai? Section 139(1) ke under, first AGM mein appoint hua auditor 6th AGM tak office mein rahta hai - matlab 5 saal ka term. Iske baad reappoint karna padta hai - dobara 5 saal ke liye. Listed companies aur badi companies (Rs 10 crore+ capital) mein Section 139(2) ke under rotation lagti hai - individual 5 saal mein rotate, firm 10 saal mein. Chhoti companies aur OPC rotation se exempt hain.