Glossary term
Show Cause Notice (SCN)
Subject: Compliance and Regulation, Regulatory Supervision and Enforcement
Also known as: Notice to Show Cause
A show cause notice is a written notice from a regulator or authority telling a person or firm what breach is alleged and asking them to explain, within a set time, why action should not be taken.
Explanation
It is the usual opening step of formal enforcement in many jurisdictions, including India, where regulators, tax and customs authorities and employers all use it. The notice states the facts, the rule said to be broken and the action that may follow, and gives a deadline for a written reply. Recipients can often ask for documents and a personal hearing. A fair hearing is the point of the document: nothing is decided before the party has been heard. The authority then considers the reply and issues an order, which may drop the case, impose a penalty or direct corrective steps. Orders can usually be appealed. Orders passed without giving the party a fair chance to reply are open to challenge, so the written reply is where a defence is built.
Example
During an inspection, a regulator finds that a lender disbursed loans without required income checks. It issues a show cause notice listing 120 accounts and giving the lender 21 days to reply. The lender submits evidence for 90 of the accounts, admits control gaps on the rest and attends a hearing. The regulator then issues a penalty order covering only the 30 accounts.
Not to be confused with
- Penalty order
- The penalty order is the final decision. The show cause notice comes first and only invites the party's explanation.