Rule, 2018

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 90] NEW DELHI, MONDAY, FEBRUARY 19, 2018/MAGHA 30, 1939

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 16th February, 2018

G.S.R. 174(E).—In exercise of the powers conferred by sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Audit and Auditors) Rules, 2014, namely: -

1. (1) These rules may be called the Companies (Audit and Auditors) Amendment Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Audit and Auditors) Rules, 2014, in the Annexure, for Forms ADT-1 and ADT-2, the following forms shall be substituted, namely:-

FORM NO. ADT-1

[Pursuant to section 139 of the Companies Act, 2013 and Rule 4(2) of the Companies (Audit and Auditors) Rules, 2014] Notice to the Registrar by company for appointment of auditor Refer instruction kit for Filing the form.

(c )*email id of the company

3. (a) *Whether company is falling under any class of companies as per section 139(2) O Yes O No

3. (b) Nature of appointment

4. *Whether joint auditors have been appointed O Yes O No *Number of auditor(s) appointed

(h) *Whether the appointment of auditor is within the limit of twenty companies as specified in sub-section 3(g) of section 141 O Yes O No

(i) Specify the tenure of previous appointment(s) of the auditor or auditor’s firm or its member in the same company in which audit was conducted or is functioning (excluding previous years having break of five or more years as specified in Rule 6) *Number of financial year(s) S. No. Person appointed as auditor Financial year Start date Financial year End date

7. (a) *Whether auditor is appointed due to casual vacancy in the office of auditor O Yes O No

(b) *Specify the SRN of relevant form

(c) *Person vacated the office o Individual o Auditor’s firm

(d) *Mention the membership number of auditor or Registration number of auditor’s firm who has vacated the office

(e) *Mention the date of such vacancy

(f) *Reasons of the casual vacancy Attachments List of attachments

1. Copy of the intimation sent by company;

2. *Copy of written consent given by auditor;

3. *Copy of resolution passed by the company;

4. Copy of the letter of appointment from C&AG

5. Copy of the order of the Tribunal

6. Optional attachments, if any.

Declaration I am authorized by the Board of Directors of the Company vide resolution number * dated* to sign this form and declare that all the requirements of Companies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I also declare that all the information given herein above is true, correct and complete including the attachments to this form and nothing material has been suppressed.

*To be digitally signed by *Director identification number of the director; or DIN or PAN of the manager/CEO/CFO; or Membership number of the Company Secretary Note: Attention is also drawn to provisions of Section 448 of the Companies Act which provide for punishment for false statement.

Remove Attachments DSC Box Attach Attach Attach Attach Attach Attach

FORM NO. ADT-2

[Pursuant to section 140(1) of the Companies Act, 2013 and rule 7(1) of the Companies (Audit and Auditors) Rules, 2014] Application for removal of auditor(s) from his/their office before expiry of term Refer instruction kit for details. Pre-fill

1. *(a) Corporate identity number (CIN) of the company

(b) Global location number (GLN) of company

2. (a) Name of the company

(b) Address of the registered office of the company

(c) *email ID of the company

3. *Details of the application clearly indicating the grounds for seeking removal of auditor

4. *Whether the accounts have been qualified during last three years o Yes o No o Not applicable If Yes, give details

5. *Details of opportunity given to auditor concerned for being heard

6. *Whether any civil or criminal proceedings are pending between the company and the concerned officers O Yes O No If yes, give complete details

7. (a) *Date of appointment of the concerned auditor

(b) *SRN of relevant form filed for appointment of the auditor

(c) *Category of auditor O Individual O Auditor’s firm

(d) *Membership number of the auditor or Registration number of the firm

(e) *Period for which the auditor was appointed From to

8. *Whether any special notice has been received for removal of auditors O Yes O No If yes, mention the date of receipt of notice Percentage of capital held by the members giving such notice or percentage of the number of members in case of company limited by members

9. *Whether all due audit fee has been paid to the concerned auditors O Yes O No If no mention the amount of arrears

10. Details of other services been rendered by such auditors to the company

11. *Pendency of Audit i.e. number of financial years for which audit is pending

12. *Stage of accounts of the company for each of such financial year which is yet to be approved by the Board or approved by the Board but yet to be handed over to auditors or approved by the Board, handed over to auditors but audit not yet completed or audit completed, draft report not yet given by the auditors. Financial year end date State of accounts Particulars

13. *Whether there is any dispute with regard to the Books of Accounts in the possession of auditors but not delivered back to the company O Yes O No Attachments List of attachments 1.Details of the grounds for seeking removal of auditor

2. copy of special resolution

3. Optional attachments, if any Declaration I am authorized by the Board of Directors of the Company vide resolution number * *dated to sign this form and declare that all the requirements of Companies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I also declare that all the information given herein above is true, correct and complete including the attachments to this form and nothing material has been suppressed.

*To be digitally signed by *Director identification number of the director; or DIN or PAN of the manager or CEO or CFO; or Membership number of the Company Secretary Note: Attention is also drawn to provisions of Section 448 and section 449 which provide for punishment for false statement and false evidence.

Note: The principal notification was published in the Gazette of India, Extraordinary Part II, Section 3, Sub-section (i) vide notification number

G.S.R. 246(E) dated the 31 st March, 2014 and subsequently amended vide the following notifications, namely:- Serial Number Notification Number Notification Date and Published by the Controller of Publications, Delhi-110054. DSC Box Attach Remove Attachments Attach

RAKESH SUKUL

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Companies Act, 2013