Section and Provisions
ADT-3 is required to be filed under Section 140(2) of the Companies Act, 2013, and Rule 8 of the Companies (Audit and Auditors) Rules, 2014.
ADT-3 is required to be filed under Section 140(2) of the Companies Act, 2013 and Rule 8 of the Companies (Audit and Auditors) Rules, 2014 which are reproduced for your reference.
Section 140:
(2) 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 about his resignation.
Rule 8:
Resignation of auditor. For sub-section (2) of section 140, when an auditor has resigned from the company, he shall file a statement in Form ADT-3.
Purpose
Auditors resigning from the company shall file within 30 days from the date of resignation, a statement in Form ADT-3 with the registrar.
Key Information:
The Form is available on the MCA version 2.
The ADT-3 will be processed in STP mode.
Documents Required:
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Resignation letter
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Optional attachments, if any.
Timeline
Auditors resigning from the company shall file within 30 days from the date of resignation, a statement in Form ADT-3 with the registrar.
Fees
Nominal Share Capital |
Fee applicable |
Less than 1,00,000 |
Rupees 200 per document |
1,00,000 to 4,99,999 |
Rupees 300 per document |
5,00,000 to 24,99,999 |
Rupees 400 per document |
25,00,000 to 99,99,999 |
Rupees 500 per document |
1,00,00,000 or more |
Rupees 600 per document |
Additional Fees
Period of delays |
All forms |
Up to 30 days |
2 times of normal fees |
More than 30 days and up to 60 days |
4 times of normal fees |
More than 60 days and up to 90 days |
6 times of normal fees |
More than 90 days and up to 180 days |
10 times of normal fees |
More than 180 days |
12 times of normal fees |
Key Considerations
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Provide the Reasons for resignation and if there are any other facts relevant to the resignation.
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Provide the Date of resignation of the auditor or auditor’s firm.