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ROC ADT 3

ROC ADT 3

What is ADT 3 ?

 

The auditor who has resigned from the company shall file within a period of thirty days from the date of resignation, a statement in the prescribed form with the company and the Registrar, and in case of companies referred to in sub-section (5) of section 139, the auditor shall also file such statement with the Comptroller and Auditor-General of India, indicating the reasons and other facts as may be relevant with regard to his resignation.

 

When has to file?

 

Form ADT-3 is to be filed for resignation by auditor from the company as an auditor within 30 days of resignation.

 

Who has to file?

An auditor who resigns from his office of auditor of the company is required to file form ADT-3 within 30 days from the date of his resignation on MCA portal and with the company. Moreover, the responsibility to file ADT-3 lies with auditor not the company.

 

The auditor has to state the following in the E-form ADT-3:

 

  • The date of resignation will be the date written in the resignation letter.
  • The auditor has to state the exact reasons for resigning. These are written in the resignation letter as well as the form ADT-3.
  • Other facts relevant to resignation can be anything which is necessary for the company as well as the ROC to know with regard to the resignation.
  • Since this form is a declaration by the auditor, therefore has to be signed by the auditor only.

Sequence of events for Resignation of Existing Auditor and appointment of New auditor will be as follows:

 

For the Company

 

  • Receive the Resignation Letter alongwith Form ADT-3 from the resigning Auditor.
  • Call a Board Meeting for acceptance of the resignation.
  • Call a Board Meeting for filing the Casual Vacancy and approve the notice for EGM.
  • Hold the EGM and approve the Auditor’s Appointment.
  • Now file Form No.MGT-14 for the filing of the Resolution passed at EGM
  • File ADT-1 for new Auditor’s Appointment.

For Resigning Auditor

 

  • File ADT-3 alongwith resignation letter with company.
  • File ADT-3 alongwith resignation letter and reasons for resignation with ROC.
  • The 30 days time for filing ADT-3 with the ROC starts from the date of resignation i.e the date written in the resignation letter.

 

The fee for filing ADT-3 depends on the nominal share capital of the Company: