Complain of fraud against companies – Form SCP

Complain of fraud against companies – Form SCP

The government has introduced the Form SCP (Serious Complaint Form) for reporting the serious complaints relating to the companies. The Form can be filed on the ministry of corporate affairs website.

The form can also be downloaded by the link: http://www.mca.gov.in/MinistryV2/companyformsdownload.html

And the same can be uploaded by the link: http://www.mca.gov.in/mcafoportal/showEformUpload.do

Following category of person can file the complaint:

Shareholders of the company

Investors in the company

Creditors of the company

Employees of the company

Deposit Holder of the company

Others who are not covered in above

Nature of Complaint:

Cessation of director

Management Dispute

Financial Mis-management

Removal of Director

Corporate Fraud

Accounting Fraud

Oppression of Minority Share Holders

Other which is not mentioned above

Mandatory Pieces of information and attachments:

ID Proof of the complainant.

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

Director Identification Number (DIN)

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.

Fee:

There is no fee for filing this form, As the form is to encourage the complainant for complaint related to the companies hence.

Digital Signature:

Generally, e-forms can only be filed after affixing the digital signature of the concerned person. But form SCP can be filed without digital signature.

Thousands of categories for form SCP can be filed, a few out of them are as follow:

Disqualified director continuing as director.

Accepting cash from applicants for providing the loan.

Fewer salaries paid to staff by Companies but getting their signature on the higher of the amount that actually they are receiving or taking back the amount in the form of cash after paying the salaries.

Collection GST without valid GST number.

Not issuing invoices to its customers by the companies.

Companies adopting the window dressing method to report the better result to the common public.

Deducting TDS but no depositing to the government.

Companies not following the proper accounting system.

Companies not refunding the money to its customers.

Instead of providing taxable services companies filing there returns as they are providing the exempted services.

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