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Thread: Close Corporation - Membership Dispute

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    Close Corporation - Membership Dispute

    Greetings everyone.

    I trust the help I seek, I shall find it here.

    I have a problem whereby in 2007 my brother-in-law helped register close corporation for me. The CC is in my name as 100% member. The company have been operational whereby my brother-in-law being the Project Manager for the company and others.

    In 2014, I realized i'm not benefiting from the income generated by my CC and I used certain funds from the account, bad mistake. I was told that due to my actions, I used the money which was supposed to pay tax to SARS thus the company shall not be able to operate any longer. I have then since been trying to get my company back in my hands but I was told the Accountant still needs to do the bookkeeping. I agreed because I did not have all the documentation of the company.

    I have recently realized that the reason behind them not returning my company back to me is that:
    1. The CK1 names have been amended, resigning me from the company and making my brother-in-law an active member on the CK2, 100% without my consent.
    2. The company is still operational and having contracts, working whereas I was told the company is not in operation.

    I would like to know what steps I should take to regain my CK1 because I have never signed any consent to have my membership amended nor gave anyone the right to do so. I went to the SAPS to open a case of fraud and the officer failed to help me saying "I should lodge a complaint at CIPC", I have been trying to call 086 100 2472 but the cue to answering my call seems way longer to hold.

    Please help

    Thank you in advance

  2. #2
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    1) you need an attorney, very quickly. somebody recommended with commercial speciality.

    2) would imagine that the police would be involved at some point if there is evidence of some fraud

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    Fill out a CoR135.1 form and email it to CoR135.1complaints@cipc.co.za

    I have attached a formCoR135_1 (1).pdf

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    Good day CLIVE

    I just filled the form and mailed it to CIPC.. I thank you

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    Good day

    I am still trying to seek help regarding this issue. I contacted the Commercial Crimes Unit at SARS but still nothing is done. I have ran out of ideas and money on how to apprehend those that forged my signatures and removed me as a member on my companies. The legal subscription i had they told me they dont cover business matters. I opened the case with the police station but that is how far it has went.

    Could anyone help me on how to get justice.

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    Diamond Member Justloadit's Avatar
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    I think that the only way to get justice, is that you go see an attorney, and institute a fraud case against the other members.

    This is going to cost you much money and time. Being reliant on the police to make the case for you, will be a waste of time, simply because it is very low on their priority list. The fact that you have reported the case at the police station is the first step in the right direction. If you do not have definitive proof, then I am afraid you may have a problem resolving the case.

    The first step is to see the attorney, who will advise you.
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
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    Site Caretaker Dave A's Avatar
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    Did CIPC not respond to your complaint?
    The trouble with opportunity is it normally comes dressed up as work.

  9. #8
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    Hi Dave. I did lodge a complaint at CIPC

    At CIPC their response was that the amendement which was done complied with their requirements thus all documentation needed was submitted. So since my case is of identity theft and forged signature, it is purely a fraud matter that should be handled by the SAPS as they say it falls outside their mandate.

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    Hi - Try this - open up a new identity on efiling in your own name - in the setup - add details of the existing cc as a shared entity - Give yourself administrator access and delete the book keeper - You may then be able to access the cc records - Fo assistance on it, set up an online efiling "help u" call during the process - The SARS agent will help you to do it - Don't go into the personal story - just do the process for shared access.

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