What Is Appointment or Resignation or Removal of an Auditor?

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According to the Companies Act, 2013, a statutory auditor’s appointment is a legal requirement. Here’s a brief rundown on what each of them means:

  • Appointment of Auditor: A first statutory auditor must be appointed by a company within 30 days of incorporation. Regular auditors are appointed for a 5-year term at the discretion of the shareholders.
  • Resignation of Auditor: An auditor can resign prior to serving out their term. In this case, the company is required to file ADT-3 within 30 days of the receipt of resignation.
  • Replacement of Auditor: If the company wishes to replace an auditor prior to expiry of the term, it has to take a statutory process, involving board and shareholder resolutions, and at times even earlier sanction of the Central Government.

All these changes have to be processed through legally valid resolutions, correctly framed forms, and compulsory MCA filings

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    Why Choose Legal Dalal Best for You

    •  End-to-End Legal Processing: We prepare all board/shareholder resolutions, fill up forms, collect documents, and submit ADT-1 or ADT-3 forms on your behalf.
    • 100% Companies Act Compliant: Our steps follow Sections 139 and 140 of the Companies Act, 2013—leaving no procedural oversight.
    • Quick Turnaround: We generally get filings done in 5–10 working days, subject to document readiness.
    • PAN India Reach: Whether you are based in Mumbai, Chennai, Delhi, Kolkata, or a far-flung Tier 3 town—our virtual service model has you covered.
    • Expert In-House Team: Our in-house team of 12–15 seasoned professionals guarantees absolute accuracy and privacy while processing your compliance work.

    Our Services Include

    Why Is Auditor Appointment or Resignation or Removal Significant?

    • It’s Mandatory by Law: Firms must appoint their initial auditor not later than 30 days from incorporation. Failure to do so invokes penalties, non-compliance status, and threat to the eligibility of directors.
    • Investor & Stakeholder Confidence: An appointed and independent statutory auditor assures investors, stakeholders, lenders, and clients of their trust through maintaining proper financial transparency
    • Avoid Legal Penalties: Non-filing or belated filing of e-forms such as ADT-1 (for appointment) or ADT-3 (for resignation) may invite heavy penalties from ₹300 per day onwards.
    • Valid and Accepted Audit Reports: Valid audit reports can be issued only by an officially appointed auditor for submission to the ROC (Registrar of Companies) and Income Tax Department.
    • Promotes a Clean Compliance Track: Correct documentation and on-time filings ensure that your company keeps its statutory record clean with MCA (Ministry of Corporate Affairs).

    Our Step-by-Step Process

    • Initial Consultation: We communicate with you to ascertain the type of appointment, resignation, or removal. We also go through your company’s record of compliance and the documents required.
    • Legal Drafting: We draw up the required documents such as resolutions of the board, letters of appointment, acceptance of resignation, and notices to shareholders.
    • MCA Form Filing: We submit the correct form online—ADT-1 for appointments or ADT-3 for resignations.
    • ROC Compliance Verification: Post-filing, we keep your records up to date on the MCA portal and aligned with company master data.
    • Ongoing Support: We take care of any follow-up queries or communications from the Registrar of Companies at no extra cost.

    Documents Required

    • Certificate of Incorporation
    • Company PAN and CIN
    • Digital Signatures of Directors
    • MCA Login Credentials
    • Auditor’s Consent Letter (appointment)
    • Auditor’s Resignation Letter (resignation)
    • Drafted Board Resolution Provided by Our Legal Team
    • Optional (for cases of removal):
    • Shareholder Resolution
    • Central Government Approval (if required)

    Why Legal Dalal for Auditor Appointment, Resignation & Removal?

    Auditor Appointment, Resignation & Removal with Legal Dalal is simple. Here’s the step-via-step process:
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    FAQs

    Yes. All companies are required to file ADT-1 within 15 days of the appointment of an auditor, whether it is initial appointment or reappointment.
    You are required to file ADT-3 within 30 days of the date of resignation. The company should also replace the auditor as per rules.
    Yes, but it has to be done by way of a special resolution at a general meeting and might even need the approval of the Central Government, particularly if the auditor is typically appointed for a tenure of 5 years, subject to ratification and compliance with legal provisions.
    Yes. An appointment, resignation, or removal -- whatever it is, the company needs to have official correspondence and records to remain compliant.
    Late filing incurs a penalty of ₹300 per day. Further fines could be charged based on the duration of delay and size of the company.

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