How Register the Management Dispute with Registrar of Companies
Hey there! Have you been facing some management disputes within your company lately? Do you know how to register the management dispute with the registrar of companies? It’s important to address these conflicts promptly and effectively to ensure the smooth functioning of the business. Luckily, the Registrar of Companies provides a platform for registering disputes and seeking resolution through legal procedures. Let’s dive to look more in detail.
Who Can File a Complaint under the Companies Act?
Limited Liability Partnerships (LLPs) and companies that are formed within their respective states and Union Territories must be registered with the Registrars of Companies (ROC), who are appointed pursuant to Section 396 of the Companies Act 2013 (previously known as Section 609 of the Companies Act, 1956). In accordance with the Act’s provisions, they are also in charge of ensuring that the entities obey the law. Upon payment of the prescribed fee, public members may inspect these offices, whose purpose is to maintain the registry of records of the companies enrolled with them. The Central Government administers these institutions through their respective Regional Directors. Companies may submit a complaint to ROC or the Ministry of Corporate Affairs in the event of certain defaults.
Any person with a grievance against a company or an investor may submit a complaint to the Company Registrar or the Ministry of Corporate Affairs.
How Do I File a Complaint against a Company in ROC?
Required steps for filing a complaint.
- While filling out this online form on the MCA website, the company’s Corporate Identification Number (CIN) must be entered.
- On the MCA website, navigate to MSA Services > Complaints, where you will find an option labelled Create Investor Complaint. Selecting this option will yield the Investor Complaint Form. Complete the required fields and submit your complaint online.
- First and foremost, an aggrieved individual should submit a complaint to the company’s Investor Grievance Cell. It is quite common for investors or the company to respond infrequently to these complaints. It is not a problem; if you do not receive a response, follow the steps below to escalate your issue. The most effective method is to submit a formal complaint to the Ministry of Corporate Affairs (MCA).
- One must complete the form according to the instructions and provide all required information.
- Once the form has been filled out, the Check Form and Pre-Scrutiny must be completed. During this process, the individual must have a suitable internet connection and be connected to the MCA21 portal.
- Then, using the registered user login id, check in to the MCA21 portal.
- Once authenticated into the MCA21 portal, upload the Investor Complaint Form using the E- form upload features under the E- Forms tab.
- After submitting the form, the complainant must record the Service Request Number for future reference.
How and where to register a complaint if a person is harmed by fraud committed by a firm or a person associated with it?
If a company’s fraud harms someone, they can file a complaint with the Service Fraud Investigation Office. The government established the Serious Fraud Investigation Office (SFIO), a multi-disciplinary organisation, to investigate corporate fraud in response to the recent stock market scam, vanishing companies, and major failures of non-banking financial institutions. The Organization was founded and had been operating since October 1, 2003.
The SFIO typically investigates only instances characterised by the following characteristics:
- complexity, as well as having cross-departmental and multi-disciplinary implications;
- Significant participation of public interest to be measured by the scale, either in terms of monetary misappropriation or number of people affected, and;
- The likelihood of an investigation leading to or contributing to significant reform in systems, laws, or procedures.
- Investigations into significant fraud cases submitted to the Department of Company Affairs are under the purview of the SFIO.
No particular laws or acts govern the operation and jurisdiction of SFIO. As a result, the Companies Act of 1956 governs its operation. SFIO operates under the governance of the Companies Act of 1956. Any corporation can be subject to examination under section 235 or 237, as requested by the Central Government, the Tribunal, Corporation Law Board, or Court. The Companies Act of 2013 has since guided SFIO and expanded investigations to cases with “Public Interest” and requests from Central/State Government agencies.
How Do I Send a Legal Notice to a Company?
An advocate sends a legal notice on behalf of their client; however, sending a legal notice through an advocate is not required. An individual can send a legal notification without the assistance of an advocate. Furthermore, it is not required to submit a legal notice because there is no explicit provision/enactment of a law that makes issuing a legal notice a mandatory procedure before filing a suit. A legal notice is given to seek a settlement. The purpose of the legal notice is to either accept or reject the settlement to pursue a civil suit or legal remedies.
Legal Notice Contents in India
- A summary of the relevant facts.
- Plaintiff seeks relief from each named defendant.
- A brief description of the legal foundation for the requested relief.
In India, you can follow the below-mentioned steps to file a legal notice to a company.
Step 1: A professional attorney or the plaintiff may draft the legal notice.
Step 2: The notice must be self-addressed and sent to the individual against whom the plaintiff has grievances.
Step 3: The reasons for submitting the legal notice must be specific and clear.
Step 4: It’s important to mention prior discussions about the notice’s reason.
Step 5: Offer the recipient reasonable time to resolve the issue through negotiations or by taking the desired action.
Step 6: Reasonable time should also be provided for the notice’s response.
Step 7: The notification should be registered via AD post. In addition, the plaintiff must retain a duplicate receipt from the post office.
FAQs: How to Register the Management Dispute with the Registrar of Companies
How do I register a complaint against a company in India?
In India, you can complain against a company by going to the right consumer court or calling the National Consumer Helpline. If the company has broken any laws or rules, you can also complain to the Ministry of Corporate Affairs or the Securities and Exchange Board of India (SEBI).
How do I file a legal case against a company?
To file a legal case against a company, you must hire a lawyer to write and file the necessary legal papers, such as a plaint or petition, in the right court or tribunal. The process and steps may differ depending on the type of case and the court where it is being filed.
Can we file a case against the organisation?
Yes, you can sue a group if you have a good reason. But you must follow the right legal steps and get the information you need to prove your case.
What legal actions can a company take?
A company can protect its interests and defend itself against legal claims in several ways. For example, it can file a counterclaim or ask for an order to stop certain actions or behaviours. They can also hire lawyers to defend them in court or look for other ways to settle their disagreements, like mediation or arbitration.
How much does it cost to send legal notice to a company?
The cost of sending a legal notice to a company can vary based on things like the complexity of the case and the fee charged by the lawyer or law firm handling the matter. But it’s important to remember that sending a legal notice is usually just the first step in a legal process, and if you want to pursue the issue further, you may have to pay more money.
Don’t let internal conflicts within your company hamper its growth and success. Filing a management dispute with the Registrar of Companies can help you resolve such issues legally and efficiently. So, gather the necessary documents and follow the proper procedures to seek legal remedies and keep your business running smoothly.
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