Company Law

Way to complain of fraud against companies?

How to Complain of Fraud against Companies?

The government, in order to inspire better compliance of the law, has announced the form SCP (Serious Complaint Form) for reporting the serious complaints relating to non-compliance of law by the companies.

Form-SCP can be filed on the website of the ministry of corporate affairs (MCA).
Form download link – The form can be downloaded by this link:
http://www.mca.gov.in/MinistryV2/companyformsdownload.html
Form upload link – This form can be uploaded by following the link:
http://www.mca.gov.in/mcafoportal/showEformUpload.do

Who can file the form?

Following category of person can file the SCP (Serious Complaint Form):

  • Shareholders
  • Investors
  • Creditors
  • Employees
  • Deposit Holders
  • Others (It include the one who is not falling in the above list)

What is the nature of the Complaint?

  • Cessation of director
  • Management Dispute
  • Financial Mismanagement
  • Removal of Director
  • Corporate Fraud
  • Accounting Fraud
  • Oppression of Minority Share Holders
  • Other (if the complaint cannot be listed under any of the above)

Compulsory Information or attachments:

ID Proof of the complainant is compulsory.

If the problem relates to the director’s cessation then there is an additional requirement of the following information:

  • DIN of the director
  • Name of the director
  • Father’s name of the director
  • Present residential address
  • Designation (Type of director)
  • Date of cessation
  • Director’s email ID
  • Reason of cessation
  • Any other remarks with respect to the above
  • Description of the information.

The fee to pay:

This form is released to inspire the complainant to register the complaint related to the companies hence there is no fee applicable in this form.

Digital Signature (DSC):

Generally, all types of e-forms can only be filed after attaching the digital signature of the concerned person. But in this form there is no digital signature is required.
The list can go up to the numerous categories for which this form can be filed, few of them are as fellow:

  • Disqualified director continuing as director.
  • Banks accepting the cash for providing the loan to the candidates.
  • Companies paying fewer salaries to their employees but getting their signature on the higher amount of receipts or taking back the amount in the form of cash after paying the salaries to the staff.
  • Companies collecting the Goods & Services Tax without a valid GST number.
  • Companies not supplying the invoices to their customers.
  • Companies cooking the books of accounts to report a better result to the public.
  • Companies deducting the tax (TDS) but no depositing to the government.
  • Companies not following the proper accounting system as per law.
  • Companies not refunding the money to their customers in case of any return.
  • Companies providing taxable services but filing their returns as they are providing the exempted services.


References: Companies Act 2013 and relevant  Rules

 

TaxClue Team

Taxclue is an online news portal for reporting all news, articles, judgments, Circulars, orders, and notifications relating to various corporate and tax laws in India. We use the tagline ‘Simplifying Laws’. Our mission is to Simplify the Laws and make people aware of their rights and duties in relation to tax matters in order to equip them to participate in nation-building. TaxClue is a team of young professionals. We started in December 2016 with the mission of knowledge sharing. TaxClue would like to hear your valuable suggestion. Please write to our editorial team at info@taxclue.in

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