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ADT-1 Filing

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ADT-1 Filing for Appointment of Auditor in LLP

The ADT-1 form is used for the appointment of an auditor for an LLP as required under the provisions of the Limited Liability Partnership Act, 2008. The form must be filed with the Ministry of Corporate Affairs (MCA) to officially appoint an auditor for the LLP and ensure compliance with statutory auditing requirements.

Who Needs to File ADT-1?

  • LLPs that are required to appoint an auditor under the provisions of the LLP Act.
  • LLPs that have not yet appointed an auditor and need to comply with statutory auditing requirements.
  • LLPs appointing a new auditor after the resignation or removal of the previous auditor.

Benefits of ADT-1 Filing

  • Legal Compliance: Ensures that the LLP complies with the statutory requirements of appointing an auditor.
  • Timely Appointment: Helps the LLP meet its legal obligation to appoint an auditor and avoid penalties.
  • Transparency: Ensures transparency in financial reporting and auditing for the LLP.

Consequences of Non-Compliance

Failure to file the ADT-1 form within the prescribed time frame can result in penalties and legal action. The LLP may also face issues with its financial reporting, which could affect its business operations.

Documents Required for ADT-1 Filing

  • Consent letter from the appointed auditor.
  • Details of the LLP, such as name and LLPIN.
  • Resolution passed by the partners for the appointment of the auditor.
  • Any other documents as required by the Ministry of Corporate Affairs (MCA).

Step-by-Step Process for ADT-1 Filing

  • Resolution Passed: The LLP partners pass a resolution to appoint an auditor for the LLP.
  • Obtain Consent from Auditor: The appointed auditor provides their consent to be appointed as the auditor of the LLP.
  • Complete ADT-1 Form: The ADT-1 form is filled out with details of the auditor and LLP, and any other necessary documents are prepared.
  • File with MCA: The ADT-1 form is submitted electronically to the Ministry of Corporate Affairs (MCA) for approval.
  • Confirmation: The MCA processes the filing and sends a confirmation upon approval of the appointment.

Filing Lounge's Process for ADT-1 Filing

  • Initial Consultation: We assess your business situation and guide you on the appointment of an auditor for the LLP.
  • Document Preparation: We assist in preparing and verifying the required legal documents, including the resolution and auditor's consent.
  • Filing with MCA: We file the ADT-1 form on your behalf with the Ministry of Corporate Affairs (MCA) to ensure timely appointment.
  • Post-Filing Support: We provide assistance in tracking the status of the filing and obtaining confirmation from the MCA.

How Filing Lounge Can Help

Filing Lounge provides expert services to ensure smooth and compliant ADT-1 filings for the appointment of auditors in LLPs. We handle all paperwork, filings, and liaising with authorities to ensure that your filing is completed without any delays.

  • Expert Guidance: Get expert advice on the appointment of auditors and the ADT-1 filing process.
  • Comprehensive Assistance: We handle all the paperwork, filings, and coordination with the Ministry of Corporate Affairs (MCA).
  • Quick Processing: We ensure your ADT-1 filing is processed on time to meet statutory deadlines.
  • Compliance Assurance: We ensure that your ADT-1 filing is fully compliant with the relevant laws and regulations.

For more information, visit our ADT-1 Filing page.

With Filing Lounge, the ADT-1 filing process is quick, easy, and compliant with the law.

Related Guides

Documents Required For ADT -1 Filing

Proprietorship vs Limited Liability Partnership (LLP) vs Company

Features Proprietorship Partnership LLP Company
Definition A sole proprietorship is an unregistered business entity managed by a single individual. A legal contract between multiple parties to jointly manage and run a business operation. A business type that combines aspects of a partnership and the limited liability of a corporation. A registered business where owners and shareholders have limited liability.
Ownership
  • Single individual
  • Min 2 Partners
  • Max 50 Partners
  • Designated Partners: Min 2(No upper limit)
  • Min: 1 shareholder (for a private company), 7 shareholders (for a public company)
  • Max: 200 shareholders (for a private company), no upper limit (for a public company)
For One Person Company
  • Minimum: 1 individual
  • Maximum: 1 individual
Registration Time 7-10 working days
Promoter Liability Unlimited Liability Limited Liability
Documentation
  • Partnership Deed
  • PAN card of the partnership firm
  • LLP Agreement
  • Incorporation Certificate
  • PAN card of the LLP
  • MOA
  • AOA
  • Certificate of incorporation
  • PAN card of the company
Governance No specific governing law Governed by the terms outlined in the partnership deed Governed by the LLP agreement Governed by a formal structure including a Board of Directors
Transferability Business cannot be transferred Ownership transfer requires the consent of all partners as outlined in the partnership deed. Transferable Easily Transferable for public companies. In private companies, there might be some restrictions.
Compliance Requirements
  • Income tax filing if the turnover exceeds Rs. 2.5 lakhs.
  • Must file ITR 5
  • Must file ITR 5
  • File Form 11
  • Form 8
  • MCA filing
  • Auditor's appointment
  • File ITR 6

ADT-1 Filing for Appointment of Auditor FAQ's

What is ADT-1 Filing?

ADT-1 is a form submitted to the Ministry of Corporate Affairs (MCA) to inform them about the appointment of an auditor for an LLP. It is a mandatory filing under the LLP Act, 2008.

Why is ADT-1 Filing necessary?

ADT-1 filing is necessary to notify the Registrar of Companies (RoC) about the appointment of an auditor, ensuring compliance with statutory requirements for maintaining financial records and auditing the LLP’s accounts.

What documents are required for ADT-1 Filing?

The documents required for ADT-1 filing include the resolution for auditor appointment, consent letter from the appointed auditor, LLP details, and other required information as per the form.

Can ADT-1 be filed online?

Yes, ADT-1 can be filed online through the Ministry of Corporate Affairs (MCA) portal by submitting the necessary forms and documents electronically.

What is the resolution for ADT-1 Filing?

The resolution for ADT-1 filing is a formal decision passed by the partners of the LLP, agreeing to appoint an auditor for the LLP. This resolution is required to accompany the ADT-1 filing.

What happens after submitting ADT-1?

After the ADT-1 form is submitted, the Registrar of Companies (RoC) will process the filing. Once approved, the appointed auditor will be officially recognized and can commence their duties for the LLP.

Can I appoint an auditor after the LLP has been formed?

Yes, ADT-1 can be filed to appoint an auditor after the formation of the LLP. The filing should be done within 30 days of the LLP’s formation to ensure legal compliance.

What is the process for ADT-1 Filing?

The process involves passing a resolution to appoint an auditor, obtaining the consent letter from the auditor, filling out the ADT-1 form on the MCA portal, and submitting it along with the required documents.

What happens if I do not file ADT-1?

If ADT-1 is not filed, the LLP may face penalties for non-compliance, and the appointed auditor will not be formally recognized by the Registrar of Companies (RoC), potentially affecting the LLP’s financial auditing process.

How long does the ADT-1 filing process take?

The ADT-1 filing process typically takes a few days to complete once all necessary documents are in order. The approval from RoC may take a few weeks depending on processing times.

How can Filing Lounge help with ADT-1 Filing?

Filing Lounge provides comprehensive assistance with ADT-1 filing, from document preparation to submission on the MCA portal. We ensure timely and compliant filing to appoint an auditor for your LLP.

Related Business Registrations

In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.

FSSAI Registration
IE Code
Trademark Registration
Copyright Registration
Salaried Tax-filing
GST Return Filing

MCA Compliance

Each registered entity is required to meet its compliance duties at the close of each financial year. This generally includes auditing financial statements, filing income tax returns, and submitting annual forms to the Ministry of Corporate Affairs (MCA).

Compliance For Form Due date Penalty
Commencement of Business Intimation to Registrar for Commencement of Business Within 180 days from incorporation INR 50,000 on company and INR 1,000 per day on directors for each day of default
Annual KYC of Directors DIR 3 E-KYC 30th September of every year INR 5,000 for late filing
Appointment of Auditor Form ADT 1 Within 15 days of the AGM INR 300 per day (max INR 12,000)
Financial Statements Form AOC 4 Within 30 days from the AGM INR 100 per day of default
Annual Return Form MGT 7 Within 60 days from the AGM INR 100 per day of default

All Limited Liability Partnerships (LLP) in India must file annual returns with the Ministry of Corporate Affairs (MCA). FilingLounge provides affordable services to help you keep your LLP compliant.

LLP Compliance Form Due date Penalty
Annual KYC of Directors DIR 3 KYC 30th September of every year INR 5,000 for late filing
Annual Return Form 11 May 30th every year INR 100 per day of default
Statements of Accounts and Solvency Form 8 30th October every year INR 100 per day of default (minimum penalty INR 10,000)

In addition to the filings listed above, there may be other compliance requirements relevant to LLPs. To ensure all compliance needs of your LLP are met, please seek assistance from a Filinglounge Advisor.

Entity Compliance Form Due date
Private Limited Company Annual Return MGT-7 Within 60 days from the conclusion of the AGM
Financial Statements AOC-4 Within 30 days from the conclusion of the AGM
DIR-3 KYC DIR-3 KYC 30th September every year
Return of Deposits DPT-3 30th June every year
Appointment of Auditor ADT-1 Within 15 days from the conclusion of the AGM
Income Tax Return (Non-audit case) ITR-6 31st July every year
Income Tax Return (Audit case) ITR-6 30th September every year
Annual GST Return GSTR-9 31st December of the subsequent financial year
MSME Form Form 1 (MCA) half-yearly return by 31st October (April to September), & 30th April for the period October to March every year
Limited Liability Partnership Income Tax Return (Non-audit case) ITR 5 31st July every year
Income Tax Return (Audit case) ITR 5 30th September every year
Annual Return Form 11 30th May every year
Financial Statements Form-8 30th October every year

Note : There might be extra filings needed depending on your business type and activities. Talk to a FilingLounge advisor to get the right guidance for your company's compliance.