Auditor resignation and casual vacancy, ADT-3 and ADT-1

Compliance Pack

Auditor resignation and casual vacancy, ADT-3 and ADT-1

What this means, checked by a CA

When your auditor resigns, the auditor must tell the ROC in ADT-3 and the company must appoint a new auditor quickly and file ADT-1. We coordinate both sides, get the new auditor's consent and eligibility certificate, draft the board and general meeting papers and file ADT-1 so your annual filings are not held up.

₹2,499

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  • Delivered in 3 working days after the resignation letter and new auditor's consent
  • Due: ADT-3 by the auditor within 30 days of resignation; board fills the vacancy within 30 days; members approve within 3 months; ADT-1 within 15 days of appointment

How we do it: IDFD

Every case runs through the same four steps: Information, Discussion, Forms, Deliverables. You see each one ticked as it happens.

InformationWhat we need from you · 7 items
  1. Auditor's resignation letter with reasons

    Mandatory ADT-3 attachment

  2. Date of resignation

    Starts 30 day clocks

  3. New auditor consent letter

    Required before appointment

  4. New auditor eligibility certificate

    Sec 141 and limits check

  5. Board resolution filling vacancy

    Attached to ADT-1

  6. Earlier ADT-1 SRN of outgoing auditorOptional

    Asked in casual vacancy ADT-1

  7. Audit committee recommendation, if requiredOptional

    Sec 139(11) companies only

DiscussionWhat we discuss · 5 items
  1. Did the auditor actually resign mid-term, or is the auditor just not seeking reappointment at the AGM, or has the auditor died?

    ADT-3 applies only to resignation

  2. Is the outgoing auditor cooperating and will they file ADT-3?

    Company cannot file it for them

  3. Which financial year's audit is pending, and how close is the AGM?

    Timing of new appointment and AOC-4

  4. Does the company need an audit committee, or is it audited by the CAG?

    Changes who appoints

  5. Who is the proposed new auditor and are they within audit limits?

    Eligibility certificate

FormsForms we file · 5 items
  1. Outgoing auditor files ADT-3 with reasons and the resignation letter

    Where: https://www.mca.gov.in. Due: Within 30 days of resignation

  2. Get consent and eligibility certificate from the new auditor

    Where: Internal. Due: Before the board meeting

  3. Board meeting fills the casual vacancy and calls a general meeting

    Where: Internal. Due: Within 30 days of resignation

  4. File ADT-1 for the new auditor with resolution, consent and certificate

    Where: https://www.mca.gov.in. Due: Within 15 days of appointment

  5. General meeting approves the appointment by ordinary resolution and fixes fees

    Where: Internal. Due: Within 3 months of the board's appointment

DeliverablesWhat you get · 3 items
  1. ADT-3 SRN (from the outgoing auditor)

    When: When auditor files

  2. ADT-1 SRN and approval

    When: Same day to a few days

  3. Board and general meeting resolutions

    When: Within the statutory windows

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