Filing of ADT-3 by the auditor with ROC

[Amit Goyal]

Dear Members

 

Section 140(2) of the Companies Act, 2013 requires the resigning auditor to intimate the Company and ROC in form ADT-3 about his resignation within 30 days. Since ADT-3 is presently not available as e-form, it has to be filed in GNL-2 both by the company and auditor.

 

Please guide how the auditor can file GNL-2 as there is no provision for auditor’s dsc.

 

Thanks & Regards

 

CA. Amit Goyal  I B.Com, FCA I

Partner I RKP Associates I Chartered Accountants

1st Floor, Sanat Trade Centre, Sevoke Road, Siliguri - 734001, W.B.

Cell: +91 93326 50005

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[Khushboo Lakar]

Dear Amit Ji,

In reference to your query, only the said company is required to file form GNL-2 with ADT-3 as an attachment. Auditor is not required separately to intimate ROC about his resignation from the company.

 

Thanks & Regards

CA Khushboo Jajodia

K Jajodia & Associates
Chartered Accountants
Ph:+91 8017450944

"Yesterday is a history,tomorrow is mystery.Today is a Gift that's why we call it a Present."

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[CA Sumit Parolia]

Sign Manually and submit with GNL-2 form

Regards,
ACA SUMIT PAROLIA
S PAROLIA & ASSOCIATES
Practicing Chartered Accountants
Kolkata

E-mail: Ca.pa...@gmail.com

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[CA Pawan Kumar Agarwal]

Dear Amitji,


In case of Resignation by Auditor, within 30 days of resignation he
has to file Form ADT-3 with the company as well as ROC in terms of
Section 140(2) of the Companies Act. 2013.
ADT-3 is available along with new Rules (Rule 8 ) under Chapter 10
which may be manually signed by him (till it is available on the MCA
site for digital signature) and one copy thereof be furnished to the
Company and the other copy be uploaded as an attachment to Form GNL-2.
MCA General Circular 09 dated 25th April 2014 prescribes for filing
some of the Forms as an attachment to Form GNL-2 till the e-forms are
made available of MCA site for upload.
Failure to disclose the reasons for resignation or to file the
prescribed form ADT-3 within due date of 30 days to any of the two
(Co. or ROC) will attract mandatory fine in the range of Rs 50000/- to
Rs 5 lacs in terms of Section 140(3).
Its true that presently GNL-2 has not been enabled for digitally
signed by auditor, he may raise a ticket with MCA in addition to
manually filing Form ADT-3 with the concerned ROC.

To prevent fine u/s 140(3), the resigning auditor may be advised to
possess evidence of filing form ADT-3 with the Company as well as ROC.

Thanking you

Pawan
9830262464

On 7 August 2014 14:40, 'Khushboo Lakar' via forum4ca

[ARANIBHAS GUPTA]

Dear Sir,
But IF CLIENT DID NOT KEEP CONTACT AND ENGAGE OTHER AUDITOR,WHAT WILL BE THE LIABILITY & RESPONSIBILITY OF PREVIOUS AUDITOR
Thanks
A.Gupta
 

> Date: Fri, 8 Aug 2014 18:32:33 +0530
> Subject: Re: [CA RUNGTA PD] Filing of ADT-3 by the auditor with ROC
> From: madanlala...@vsnl.net
> To: foru...@googlegroups.com