Every company in India must have a statutory auditor from incorporation onwards under Section 139 of the Companies Act 2013. The first auditor must be appointed by the Board within 30 days of incorporation, holding office until conclusion of the first AGM. Subsequent auditors are appointed at the AGM for a tenure of five financial years, holding office from one AGM to the conclusion of the sixth AGM. The appointment is intimated to the ROC by filing Form ADT-1 within 15 days of the appointment.
Auditor eligibility is governed by Section 141 — only a Chartered Accountant in practice (or a firm whose majority partners are CAs in practice) can be appointed, subject to disqualifications around independence, indebtedness, and business relationships. Listed and certain prescribed companies must additionally comply with mandatory rotation under Section 139(2) — 5-year cap for an individual auditor and 10-year cap for an audit firm. Our Auditor Appointment Services cover the full chain — eligibility check, consent & certificate under Sec 139(1), board / EGM resolution, ADT-1 filing, casual vacancy management, rotation compliance, and ongoing audit-firm advisory.
First auditor of a newly incorporated company — appointed by the Board within 30 days of incorporation, holding office until conclusion of the first AGM.
Standard 5-year-tenure appointment of statutory auditor at AGM — holding office from one AGM to conclusion of the sixth AGM, with ADT-1 within 15 days of appointment.
Where an auditor's office becomes vacant on resignation / death / disqualification — Board appoints within 30 days, with shareholder ratification within 3 months under Sec 139(8).
Listed companies and specified prescribed companies — mandatory rotation under Sec 139(2): 5-year cap for individual auditor, 10-year cap for an audit firm; cooling-off thereafter.
For Government companies under Sec 139(5) / 139(7) — auditor appointed by the Comptroller and Auditor General (CAG), with internal compliance and ADT-1 filing.
Reappointment of an existing audit firm for a fresh 5-year term at the conclusion of the prior tenure — confirmation of eligibility, fresh consent / certificate, and ADT-1.
Mandates appointment of auditor at every AGM for a tenure of five financial years, holding office from conclusion of that AGM to conclusion of the sixth AGM.
First auditor must be appointed by the Board within 30 days of incorporation; failing which, members appoint within 90 days at an EGM — holding office till the first AGM.
Filed by the company within 15 days of appointment — captures auditor details, FRN, period of appointment, and consent / certificate annexures.
Vacancy from resignation / death / disqualification — Board fills within 30 days, shareholders ratify within 3 months; appointee holds office till next AGM.
For listed and specified companies — individual auditor: 5-year cap, audit firm: 10-year cap, with a 5-year cooling-off before re-appointment.
Only a CA in practice (or firm of CAs) can be appointed; disqualifications include body corporate (other than LLP of CAs), partnership / shareholding interest, indebtedness, and business relationship.
Before appointment, the auditor must furnish a written consent and a certificate confirming eligibility under Sec 141 and compliance with rotation / ceiling on number of audits.
Remuneration of the auditor is fixed at the meeting at which they are appointed, or in the manner determined therein — separate from reimbursements / out-of-pocket expenses.
Pre-appointment diagnostic on Sec 141 disqualifications — independence, partnership / shareholding, indebtedness, and business relationship checks for the proposed audit firm.
Drafting of the auditor's consent letter and eligibility certificate under Sec 139(1) Proviso, including ceiling-on-audits and rotation compliance.
Drafting SS-1 compliant Board resolution recommending appointment / approving first auditor, with reasoning, tenure, and remuneration framework captured.
Drafting AGM ordinary resolution (subsequent appointment) or EGM resolution (casual vacancy ratification), notice, explanatory statement, and conduct under SS-2.
End-to-end ADT-1 preparation on MCA V3 — auditor details, FRN, period of appointment, annexures, DSC, fee payment, and SRN tracking within the 15-day window.
Drafting of the auditor engagement letter — scope, deliverables, timelines, fee structure, indemnities, and termination provisions aligned with ICAI Standards on Auditing.
End-to-end casual vacancy filling — outgoing auditor's ADT-3 reading, Board appointment within 30 days, EGM ratification, ADT-1 filing, and successor onboarding.
For listed / specified companies — building the rotation calendar, 5 / 10-year cap tracking, cooling-off planning, and successor identification at term end.
SEBI LODR Reg 30 / 33 disclosures, audit-committee recommendation, stock-exchange filings, and shareholder communication around auditor appointments.
For Government companies — CAG appointment-letter coordination, engagement-letter signing, ADT-1 filing, and ongoing CAG-side reporting alignment.
Five-year-term renewal of incumbent auditor — fresh eligibility check, fresh consent / certificate, AGM resolution, ADT-1 filing, and engagement-letter refresh.
Updating Register of Auditors, MGT-7 annual return data, audit-committee charter, and audit-firm rotation MIS for ongoing compliance discipline.
Company just incorporated — first auditor must be appointed by the Board within 30 days; failing which by members in EGM within 90 days.
Existing auditor's 5-year tenure ending at the upcoming AGM — fresh appointment / reappointment to be locked in with ADT-1 within 15 days.
Auditor has resigned (ADT-3 filed) / died / become disqualified — Board to fill within 30 days, EGM ratification within 3 months under Sec 139(8).
Listed / specified company hitting the 5 / 10-year cap on auditor — successor identification, cooling-off planning, and rotation execution required.
Existing audit firm has merged, demerged, or rebranded — Sec 141 eligibility re-confirmation, fresh consent / certificate, and ADT-1 update.
SEBI LODR-driven cycle for listed company — audit committee recommendation, stock-exchange filings, and shareholder approvals to be aligned.
Government company — CAG-led appointment, internal compliance, and ADT-1 filing requiring coordination with CAG and audit firm.
Audit fieldwork imminent — engagement letter, scope, fee structure, and audit calendar to be finalised before audit kick-off.
Mapping appointment route (first / subsequent / casual vacancy / rotation), Sec 141 eligibility check, ceiling-on-audits, and rotation tracking.
Auditor consent and Sec 139(1) Proviso certificate, Board / EGM / AGM resolution drafting, and engagement-letter finalisation.
Board approval (first / casual), audit-committee endorsement (listed), AGM ordinary resolution, certified resolution, and audit-trail closure.
End-to-end ADT-1 filing on MCA V3 within 15 days, DSC affixation, fee payment, SRN tracking, and PUCL handling if any.
Engagement letter signing, audit-calendar setup, statutory register refresh, and forward rotation / reappointment calendar for the next cycle.
Partner with our secretarial-practice specialists for end-to-end auditor appointment — eligibility diagnostic, consent & certificate, board / AGM resolution, ADT-1 filing, and engagement-letter advisory for FY 2026–27.
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