๐Ÿ“ž 9819000640 | 9819000445 | 9167058000 โœ‰๏ธ beyontecomplaince.in
Resignation of Auditor | Beyonte Compliance
Business Services ยท Corporate Changes

Resignation of Auditor

Handle auditor resignation compliantly โ€” ADT-3 filing by the outgoing auditor, board intimation, casual vacancy appointment and new auditor filing, all within statutory timelines.

  • ๐Ÿ“„ ADT-3 Filing
  • ๐Ÿข Casual Vacancy
  • ๐Ÿ‘ค New Auditor Appointment
  • โœ… Board Intimation
  • ๐Ÿ“ฌ ROC Compliance
๐Ÿ“„

Handle your auditor's resignation

Share the details. We will handle ADT-3, casual vacancy filling and all required filings.

Talk to a CS →
What We Handle

A complete auditor resignation package

๐Ÿ“„

Form ADT-3 Filing

ADT-3 filed by the resigning auditor with ROC within 30 days โ€” includes reasons for resignation.

๐Ÿ“‹

Resignation Letter

Drafting of resignation letter from the auditor to the company stating reasons and effective date.

๐Ÿข

Board Intimation

Board of Directors formally intimated of the resignation within the required timeline.

๐Ÿ‘ค

Casual Vacancy Filling

Board resolution appointing a new auditor to fill the casual vacancy within 30 days of resignation.

๐Ÿ“ฌ

ADT-1 for New Auditor

Form ADT-1 filed by the company to intimate the ROC of the new auditor appointment.

๐Ÿ“Š

AGM Ratification

Guidance on placing the casual vacancy appointment before shareholders at the next AGM for ratification.

Key Requirements

What happens when an auditor resigns

ADT-3 Within 30 Days

Resigning auditor must file Form ADT-3 with the ROC within 30 days of resignation under Section 140(2).

Resignation Letter to Company

Auditor must send a written resignation letter to the company, which must be accepted by the board.

Casual Vacancy Filled by Board

Board must fill the casual vacancy by appointing a new auditor within 30 days of the resignation.

New Auditor's Consent

The incoming auditor must give written consent and confirm they are not disqualified under Section 141.

ADT-1 for New Appointment

Company must file ADT-1 to inform ROC of the new auditor within 15 days of the board appointment.

AGM Ratification

Casual vacancy appointment must be ratified by shareholders at the next Annual General Meeting.

ℹ️

ADT-3 penalty is significant. If the resigning auditor fails to file ADT-3 within 30 days, they face a penalty of Rs 50,000 or the fee amount whichever is less, plus Rs 500 per day of continuing default. We ensure timely filing to avoid penalties.

Common Pitfalls

Common issues in auditor resignation

ADT-3 not filed within 30 daysPenalty imposed on the auditor โ€” Rs 50,000 or fee amount plus Rs 500 per day of default.
Casual vacancy not filled in 30 daysCompany operates without an auditor โ€” a serious compliance breach under Companies Act 2013.
New auditor's consent not obtainedAppointment void if incoming auditor's written consent and eligibility confirmation not obtained upfront.
ADT-1 not filed for new auditorROC not informed of the new appointment โ€” creates a discrepancy in MCA records.
AGM ratification missedCasual vacancy appointment not placed before AGM โ€” the appointment lapses and company is non-compliant.
Resignation reasons not documentedADT-3 statement of reasons incomplete โ€” ROC may query or reject the filing.
How It Works

Simple steps, no surprises

1

Resignation confirmed

Resignation letter drafted and submitted to the company โ€” effective date and reasons documented.

2

ADT-3 filed

Form ADT-3 filed by the outgoing auditor with ROC within 30 days of the resignation date.

3

New auditor appointed

Board resolution passed appointing new auditor โ€” consent obtained and ADT-1 filed within 15 days.

4

AGM ratification

Appointment placed before shareholders at next AGM for ratification โ€” resolution passed and recorded.

FAQ

Frequently asked questions

Form ADT-3 is filed by the resigning auditor with the Registrar of Companies (ROC) within 30 days of the resignation. It includes the statement of reasons for resignation and is mandatory under Section 140(2) of the Companies Act 2013.

Yes. An auditor can resign before completing the term of appointment. The auditor must file Form ADT-3 with the ROC within 30 days of resignation and also intimate the company and the C&AG (for government companies).

Yes. Resignation creates a casual vacancy which must be filled by the Board of Directors within 30 days. The appointment at the board level holds until the next AGM where shareholders ratify or appoint a new auditor.

The company must intimate the board and appoint a new auditor to fill the casual vacancy. The new auditor files ADT-1 for acceptance. The company's annual return will reflect the change in auditor.

Failure to file ADT-3 within 30 days attracts a penalty on the auditor of Rs 50,000 or the amount of fees paid, whichever is less, plus Rs 500 per day of continuing default up to Rs 5,00,000.

Handling an auditor resignation? Act within 30 days.

We handle ADT-3, casual vacancy appointment, ADT-1 and AGM ratification โ€” on time, every time.