Update on 13.03.2018 (Source- PIB)
“Vanishing companies” can only be listed companies; so far 161 “vanishing companies” have been traced
The Coordination and Monitoring Committee (CMC) has been constituted for those listed companies which had vanished after public issue during the years 1992 to 2005. Out of the 238 listed companies identified as “Vanishing Companies”, due to the efforts of the Ministry and law enforcement agencies, 161 such companies have been traced and 77 more companies are still in the list of Vanishing Companies. Action under the Company law as well as Criminal Law are under progress against such companies, their Directors/Promoters.
The companies that were struck-off the Register under Section 248 of the Companies Act, 2013 are not listed companies. Therefore, they do not come under the purview of the definition of “Vanishing Companies”. The Regional Stock Exchanges have been closed under the Orders of the Securities and Exchange Board of India (SEBI), which does not affect the status of the companies listed therein, except as per procedures/orders of SEBI.
The Coordination and Monitoring Committee (CMC) is still active and its 30th meeting was held on 11.07.2017.
This was stated by Shri P.P. Chaudhary, Minister of State for Corporate and Law & Justice in Rajya Sabha today.
Updated on 21.12.2012 (Source- PIB)
The Ministry of Corporate Affairs had initially identified 238 companies as vanishing companies. Out of these, names of 151 companies have since been deleted from the list as the companies started filing their Balance Sheets etc. with Registrars of Companies as well as Stock Exchanges and the criteria for treating a company as ‘vanishing’ is no longer applicable to them. Giving this information in written reply to a question in the Lok Sabha today, Shri Sachin Pilot, Minister of Corporate Affairs, said that thus, as on date, 87 companies are considered falling under the ‘vanishing’ category. The total amount of Public Issues made by these 87 companies amounted to Rs. 341.90 crore.
Shri Pilot said that FIRs have been lodged against all the 87 vanishing companies and their directors with the Police to trace their whereabouts and also to take action under Indian Penal Code (IPC). Further, prosecutions have been filed against vanishing companies and their Directors under Sections 162 and 220 of the Companies Act, 1956 for non-filing of Statutory Returns and under Sections 62/63, 68 and 628 of the Companies Act, 1956 for mis-statement in prospectus/fraudulently inducing persons to invest money/false statements made in the offer documents, etc. Promoters/directors of the vanishing companies were also debarred by Securities and Exchange Board of India (SEBI) from raising money from the public under Section 11B of the Securities and Exchange Board of India Act. Besides, details of vanishing companies and their promoters/directors have been published in the Newspapers as well as placed on the website of the Ministry (www.mca.gov.in) to facilitate the investors to come forward and lodge their complaints against vanishing companies.
