What is ADT-1?
Form ADT-1 is the notice used to inform the Registrar of an auditor appointment. Under Section 139(1) read with Rule 4(2), notice of appointments covered by that provision is generally due within 15 days. Section 139(6) separately governs appointment of the first auditor. ICSI guidance has stated that ADT-1 is not mandatory for the first auditor under Rule 4(2), while the revised MCA form includes a first-auditor option. Verify current MCA instructions and the facts of the appointment before filing.
Who Must File ADT-1?
Companies should determine whether Form ADT-1 is required based on the type of auditor appointment and current MCA instructions. This includes subsequent appointments under Section 139(1) and appointments to casual vacancies under Section 139(8). The first auditor is appointed under Section 139(6); ICSI guidance has stated ADT-1 is not mandatory for that appointment under Rule 4(2), although the revised MCA form includes a first-auditor option and practice may vary.
ADT-1 Due Date & Timeline
For auditor appointments under Section 139(1), Rule 4(2) generally requires notice to the Registrar within 15 days of the appointment. This should not be treated as a universal rule for every ADT-1 scenario. For a first auditor appointed under Section 139(6), ICSI guidance has stated filing ADT-1 is not mandatory under Rule 4(2), although the revised MCA form includes a first-auditor option and practice may vary. Casual vacancies also follow their applicable statutory appointment process. Confirm the current MCA form instructions and appointment facts before calculating a due date; enter the actual appointment date.
Consequences of Late Filing ADT-1
Delay in filing Form ADT-1 triggers two separate levels of statutory exposure:
1. Table B Additional Filing Fee Multipliers (Rule 12 Annexure)
Unlike annual financial returns (AOC-4 and MGT-7) which attract an uncapped ₹100 per day late fee, Form ADT-1 is an event-based form governed by Table B. The additional fee escalates based on the duration of delay as a direct multiplier of the normal base fee:
- Delay up to 15 days: 1 time the normal filing fee (1x)
- Delay 16 to 30 days: 2 times the normal filing fee (2x)
- Delay 31 to 60 days: 4 times the normal filing fee (4x)
- Delay 61 to 90 days: 6 times the normal filing fee (6x)
- Delay 91 to 180 days: 10 times the normal filing fee (10x)
- Delay beyond 180 days: 12 times the normal filing fee (12x)
2. Section 403 Condonation Requirement (> 270 Days Delay)
Under the second proviso to Section 403(1), if Form ADT-1 is delayed beyond 270 days from the statutory due date, the company cannot directly file the form through self-service checkout on MCA V3. The company must file an application in Form CG-1 with the Regional Director for Condonation of Delay before the ROC accepts the belated ADT-1.
3. Statutory Adjudication Penalties (Section 147)
Failure to appoint an auditor or contravention of Section 139 renders the company liable to a fine of ₹25,000 up to ₹5,00,000, and every officer in default liable to a fine of ₹10,000 up to ₹1,00,000. Furthermore, timely filing facilitates seamless compliance linkage in subsequent annual filings (AOC-4 & MGT-7).