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Whether form ADT-1 is required to be filed in case of a government company?

Section 139- Appointment of auditors.

Posted By: Nilesh patel 9 year(s) ago

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    RAMAMURTHY

The best answer would come from the Company Secretaries in Public Sector undertakings. However, as per Rule 4 of Companies (Audit and Auditors) Rules, 2014 it is observed that the filing of form applies to all companies. In the case of Government companies sub-section (7) of section 139 is explicit about appointment of auditors in Government Companies. The primary requirement is upon the CAG and if CAG does not appoint then the Board and if the Board also does not appoint, then the members can appoint. In case of Government companies, members mean the nominee holders of the President of India. Whenever such appointment is concluded, the form ADT-1 should be filed within 14 days, unless a notification under section 462 is issued by the Government exempting them from filing the said form.

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