Application for removal of Auditor (ADT-2)
*The price is exclusive of any amount payable to Government/Regulatory Authorities and GST.
This Service is for making an Application to ROC in Form ADT-2 for removal of auditor(s) from his/their office before expiry of term
Services covered :
- Filing the Form.
- Preparing Documents to be uploaded along with the form.
- Uploading the form.
Document Required :
1) Details of the grounds for seeking removal of auditor.
2) Optional attachments, if any.
What are the forms required to be filed?
Which companies are required to file this Form?
What is the purpose of this Form?
An application by the company seeking approval from the Regional Director/ Registrar of Companies for Removal of Auditor from the office before the expiry of the term of office.
What are the process of removal of auditor By Tribunal or on an application made by Central Government ?
A present auditor of a company has directly or indirectly acted in a fraudulent manner or abetted or colluded in any fraud by or in relation to the company or its directors or officers than the Tribunal may direct the company to change its auditors. In this case, the central government makes an application. Therefore, the Tribunal should also agree with the requirement of change of auditor.
Thus, the Tribunal should within 15 days of receipt of the application pass an order that the auditor shall not function and the central government may appoint another auditor in his place. Auditor against whom Tribunal passes an order for removal shall not be eligible for appointment in any company for 5 years. Moreover, 5 years shall initiate from the date of the final order. Further, in such cases both the audit firm and partner concerned will be jointly and severally liable.
What are the Governing Laws of this form?
Section 140(1) of the Companies Act, 2013 and rule 7(1) of the Companies (Audit and Auditors) Rules, 2014.
What form ADT-2 should specify ?
1.Ground of seeking removal of auditor.
2.Whether the accounts have been qualified during last three years.
3.Date of appointment of auditor and SRN of notice of such appointment.
4.Status of payment of Audit Fees.
SRN number of filing ADT-1 is a requirement for getting approval of central government,
So, companies have to file ADT- 1 before uploading ADT- 2.
What are the process of removal of Auditors using Form ADT-2 ?
1.Board has to Conduct a board meeting to pass a resolution for the removal of auditors,
2.Company mandatory have to give a reasonable opportunity of being heard to Auditor.
3.Apply for Central government approval within 30 days from date of passing board resolutions in Form ADT-2 as an attachment to Form RD1.
4.After getting approval, the company has to conduct a general meeting within 60 days from the date of approval to pass a special resolution approving central government’s approval.
What is the filing fees for this form?
Application made - Other than OPC & Small company - OPC & amp; Small company
By a company having an authorized share capital of: a) Up to Rupees 25,00,000 - 2000 - 1000.
Above Rupees 25,00,000 but up to Rupees 50,00,000 - 5000 - 2500.
Above Rupees 50,00,000 but up to Rupees 5,00,00,000 - 10000 - N/A.
Above Rupees 5,00,00,000 but up to Rupees 10 crore or more - 15000 - N/A.
Above Rupees 10 crore - 20000 - N/A.
By a company limited by guarantee but not having a share capital - 2000.
By a company having a valid license issued under section 8 of the Act (Section 8 Company) - 2000.
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