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Form – 23B

By Mayashree Acharya

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Updated on: Oct 27th, 2023

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5 min read

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.

Applicability of Form-23B

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.

Particulars of Form-23B

  • Corporate Identification Number
  • Name and address of the company
  • Category of auditor (individual or auditor’s firm)
  • PAN, name, membership number, address and email of the auditor or auditor’s firm
  • Details of appointment as an auditor in the AGM
  • Date of receipt of intimation of auditor or auditor’s firm appointment
  • Period of accounts for which auditor or auditor’s firm is appointed
  • Verification and digital signature of the auditor

Documents Required to File Form-23B

  • Copy of the appointment intimation received from the company
  • Other optional attachments, if any

Filing Form for Appointment of Auditor Under Companies Act,2013

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:

  • Corporate Identification Number
  • Name and address of the company
  • Category of auditor (individual or auditor’s firm)
  • PAN, name, membership number, address and email of the auditor or auditor’s firm
  • Details of appointment as an auditor in the AGM
  • Date of receipt of intimation of auditor or auditor’s firm appointment
  • Period of accounts for which auditor or auditor’s firm is appointed
  • Tenure of previous appointments of the auditor or auditor’s firm in the same company
  • Date of appointment of the auditor
  • Details of whether the auditor is appointed due to casual vacancy in the auditor’s office 
  • Declaration and digital signature by the manager, CFO, CEO or company secretary

Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.
 

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Quick Summary

Under the Companies Act, 1956, auditors had to file form-23B upon appointment, but now under the Companies Act, 2013, companies must file form ADT-1 to notify the appointment of auditor at each AGM. Form-23B includes details of appointment and acceptance/refusal by the auditor, while ADT-1 requires similar information along with tenure details and declaration by a designated company official.

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