Form ADT-3 is a statutory document mandated by Section 140(2) of the Companies Act, 2013, and Rule 8 of the Companies (Audit and Auditors) Rules, 2014. It is essential for auditors who resign from a company to file this form within 30 days from the date of their resignation.
Legal Obligations
As per Section 140(2) of the Companies Act, an auditor resigning from a company must submit a statement, using Form ADT-3, to the company and the Registrar. In cases of companies specified in subsection (5) of section 139, the auditor is also required to file this statement with the Comptroller and Auditor-General of India. This statement should detail the reasons and relevant facts surrounding the resignation.
Due Date for Filing ADT-3
The due date for filing the resignation notice by the auditor is within 30 days from the date of the auditor’s resignation.
Filing Fee Structure:
| Nominal Share Capital | Fee Applicable |
|---|---|
| Less than ₹1,00,000 | ₹200 |
| ₹1,00,000 to ₹4,99,999 | ₹300 |
| ₹5,00,000 to ₹24,99,999 | ₹400 |
| ₹25,00,000 to ₹99,99,999 | ₹500 |
| ₹1,00,00,000 or more | ₹600 |
| A company without share capital | ₹200 per document |
Additional Fees and Period of Delays:
| Period of Delays | Additional Fees |
|---|---|
| Up to 30 days | 2 times the normal fees |
| More than 30 days and up to 60 days | 4 times the normal fees |
| More than 60 days and up to 90 days | 6 times the normal fees |
| More than 90 days and up to 180 days | 10 times the normal fees |
| More than 180 days | 12 times the normal fees |
Compliance with these statutory regulations is crucial for auditors resigning from companies to ensure the timely and accurate submission of Form ADT-3, along with the requisite fees, as per the Companies Act.
