Fake directors added to company in MCA data


#1

I’m no entrepreneur and have no knowledge of the legalities. My brother started a company 4 years ago and unfortunately he passed away 2 years ago. He started the company with two of his friends and the company was registered at my father’s address, after he passed away, everything was shut down. We didn’t close the company and left it as it was. Today, I ran a search for it on the MCA master data and surprisingly found that my brother and his friends are no longer listed as directors, instead there’s two guys whom we don’t know. Their names have been added 11 days ago and even weird is the fact that a AGM has been held and a balance sheet filed this year. I searched the DIN of these two guys and found that both have be listed as directors of the same TEN companies within just ‘two’ days. This appears to be some kind of fraud! What should we do? Is there any risk if we ignore this?


#2

Dear Saurabh,

Can you pls share the company CIN no with me. Will try to help you. My mail id manish.dalmia1■gmail.com

Regards,
Manish


#3

Hey,

Can you write the answer publicly? Would love to know more about this.


#4

Hi,

There is a procedure with which you can change names of director in MCA.
They need to file Form DIR - 11 and 12 with MCA for resignation of a Director and adding of a director respectively. These forms has to be signed digitally with Digital signature of autzhorized person only i.e. directors… And digital signature is issued either through Aadhar verification or PAN verification. So it looks like someone has got access of PAN your brother/friend and they have signed exactly like your brother/friend. And got the digital signature for your brother/friend. Also DIR -12 will need a CA digital signature.

There can be one more situation… There are multiple company registered with identical names. So I will suggest to cross check the company name again with CIN no…
Even if you find that there is a fraud you can reach out to MCA help desk … You will get contact details in MCA portal. They can help you further.

Also I dont have any problem sharing any info publicly. I am a Chartered Accountant and would love to support.

Regards,
Manish