Summary
- The revised Form ADT-1, effective from July 14, 2025, includes an option for appointing the first auditor, raising questions about its mandatory filing under Section 139(6) of the Companies Act, 2013.
- While Section 139(6) does not expressly require filing Form ADT-1, the Institute of Company Secretaries of India (ICSI) recommends doing so as a prudent compliance practice.
- ICSI has formally sought clarification from the Ministry of Corporate Affairs regarding this ambiguity and the implications for past non-filing cases.
- The distinction between statutory obligations and recommended compliance practices remains crucial until further regulatory guidance is issued.
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