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Every statutory auditor appointed in the Annual General Meeting (AGM) by the company under Section 224(1) of the Companies Act, 1956 had to intimate the concerned Registrar of Companies (ROC) whether he/she has accepted the appointment or not as the auditor of that company. The auditor had to file form-23B intimating acceptance of his/her appointment as auditor of the respective company.
However, after introducing the Companies Act, 2013, every company must file the intimation about the appointment of an auditor as provided under the Companies Act, 2013 and its Rules. Thus, all companies must currently file the intimation of appointment of auditor in form ADT-1 under the Companies Act, 2013.
Every company must appoint auditors or an auditor at each AGM to hold the auditor office from the conclusion of the AGM till the next AGM is held. The company must give intimation of appointment to the auditor or auditors within seven days of such appointment.
The appointed auditor must file form-23B within 30 days of receiving intimation of his/her appointment from the company and inform the ROC that he/she has either accepted or refused to accept the appointment.
The Companies Act, 2013 replaced the provisions of the Companies Act, 1956. Thus, all the companies registered under the Companies Act, 1956 have to file returns as prescribed by the Companies Act, 2013. Currently, all companies have to file form ADT-1 with the ROC intimating appointment of the auditor in the AGM as per the Companies Act, 2013 and not form-23B.
Section 139(1) of the Companies Act, 2013 mandates that form ADT-1 must be filed by the company every year within 15 days of the conclusion of the AGM in which the auditor was appointed. The details to be provided in the form ADT-1 are:
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