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Company Law : (1) These rules may be called the Companies (Arrests in connection with Investigation by Serious Fraud Investigation Office) Rules...
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Company Law : NOTIFICATION NO. G.S.R. 617(E) Section 621 of The Companies Act, 1956 - Offences - Offences Against Act To Be Cognizable Only On C...
In this piece of writing, author throws light on new concept introduced under Companies Act, 2013 (the Act) regarding of Establishment of Serious Fraud Investigation Office (SFIO) by Central Government and investigation of affairs of company by established SFIO & their powers to arrest the accused. Its laid down procedure and mechanism for conducting such investigations are briefly discussed in this article.
(1) These rules may be called the Companies (Arrests in connection with Investigation by Serious Fraud Investigation Office) Rules, 2017. (2) They shall come into force on the date of their publication in the Official Gazette.
With a view to have consolidated relevant information at one place and based upon inputs from all law enforcement agencies, the Serious Fraud Investigation Office under the Ministry of Corporate Affairs has undertaken the exercise of preparing comprehensive digital database of shell companies and their associates that were identified by various law enforcement agencies.
The Serious Fraud Investigation Office (SFIO) is a fraud investigating agency in India. The SFIO is a multi-disciplinary organization and was set up by Govt. of India under Ministry of Corporate Affairs, consisting of experts in the different fields for detecting and prosecuting crimes/frauds pursuance to Government of India Resolution No. 45011/16/2003-Adm-I, dated the July 2, 2003.
SFIO was established for investigations falling with the following characteristics: (i) of complex nature with inter -departmental and multi-disciplinary ramifications; (ii) involving substantial public interest to be judged by size, either in terms of monetary misappropriation or in terms of persons affected, and;
In pursuance of sub-section (1) of section 621 of the Companies Act, 1956 (1 of 1956), the Central Government hereby authorise the following officers in the Serious Fraud Investigation Office, Ministry of Corporate Affairs, for the purposes of filing and conducting prosecution under the Companies Act, 1956, namely:- 1. Shri H.K. Pandey, Senior Assistant Director (Investigation) 2. Smt. Sunita Narula, Assistant Director (Investigation)
Keeping in view the recommendations made by Vepa Kamesam committee, it is proposed to give statutory recognition to SFIO. Besides, powers such as treating its investigation report as a report filed by a Police Officer, giving SFIO power to issue letter of requests (letter Rogatory) in cases involving companies having business/interest outside the country and definition of the term ‘fraud’ alongwith its punishment are also proposed to be included, subject to due approvals, in the revised Companies Bill for strengthening its enforcement framework.
SFIO – The Minister of State in the Ministry of Corporate Affairs Shri R.P.N. Singh today informed the Lok Sabha that keeping in view the recommendations made by Vepa Kamesam committee, it is proposed to give statutory recognition to SFIO. Besides, powers such as treating its investigation report as a report filed by a Police Officer, giving SFIO power to issue letter of requests (letter Rogatory) in cases involving companies having business/interests outside the country and definition of the term ‘fraud’ alongwith its punishment are also proposed to be included, subject to due approvals, in the revised Companies Bill for strengthening its enforcement framework.
NOTIFICATION NO. G.S.R. 617(E) Section 621 of The Companies Act, 1956 – Offences – Offences Against Act To Be Cognizable Only On Complaint By Registrar, Shareholder Or Government – Authorized Serious Fraud Investigation Officers
The Minister of State in the Ministry of Corporate Affairs Shri R.P.N. Singh today informed the Rajya Sabha that 33 cases have been investigated by SFIO during the last 3 years i.e. 2008-09, 2009-10, 2010-11 and 2011-12 (till date 05.08.2011). The Minister of State in the Ministry of Corporate Affairs Shri R.P.N. Singh today informed the Rajya Sabha since its inception on 20th May, 2009, the Competition Appellate Tribunal (CAT) has received 36 appeals against decisions of the Competition Commission of India. CAT functions out of New Delhi and has no benches outside.
