Question ID :
44645
Problem faced due to Merger of CA Firms
I was Practising As A Sole Proprietor till 09-Jan-2024. thereafter my firm was merged with another partnership firm from 10-Jan-2024 till now. My Sole Proprietorship was Appointed As Auditor In Some Companies. My Query Is As A Result Of Merger, Do I Need To Resign In Those Companies By Filing Form ADT-3 And Appoint The Partnership Firm As Auditor By Filing Form ADT-1 Or I don't need to file ADT-3, Just informing board of Directors of companies is sufficient.
I kindly request your guidance on this matter, as I have sought answers from various sources but have not received a satisfactory response.
Is there any notification, guidance anything to support the view.
Posted by
ROSHAN CHHAGAN PAWAR
on
Apr 25, 2024
Filed Under
CORPORATE & OTHER LAWS
There is no notification. If there is only change in constitution of auditor firm and no change in name of firm, it is not "resignation". Hence there is no need to file ADT-3. Informing board of directors about change in constitution by submitting merger document is sufficient. But if name of auditor firm is also changed,, Form ADT-1 and ADT-3 shall be filed and the resolution shall be passed by Board of directors for appointment of new firm.
Posted by
CA. chunauti dholakia on
Apr 25, 2024
Answer ID :
85401
As in ADT 1, it ask the details of the membership and the status as Proprietor or Partners.
2. If you sign the ABS as partner of firm, as you have merged the sold proprietorship in to a Firm,
3 Hence u must file ADT3 from the Status of Sole proprietor
4.File ADT 1 to appoint the firm as Auditor of the company, then only the AOC 4 will be validated in MCA portal otherwise it will not validate the AOC 4 form while uploading the ABS.
Posted by
KUMAARAVELU. T on
May 07, 2024