Union Minister jighlights Nari Shakti Vandan Adhiniyam as Transformative Reform (See 'Corp Brief') Bizu Festival Celebrations highlight Cultural Pride and Policy Dialogue on Tribal Development (See 'Corp Brief') India, Kuwait emphasize Dialogue Over Conflict to Secure Energy and Trade Supplies (See 'Corp Brief') Misc - There is no right in borrower to personal hearing by banks before classifying their account as fraud account: SC (See 'Legal Desk') Manohar Lal holds Key Engagements on Infrastructure and Development Cooperation (See 'Corp Brief') CARI Bengaluru gets ISO 15189:2022 Accreditation in Biochemistry (See 'Corp Brief') NI Act - At stage of issuance of process, statutory presumption u/s 139 of NI Act cannot be dislodged in summary manner merely by contending that cheque issued was not for legally enforceable debt: SC (See 'Legal Desk') Barabanki to Bahraich Highway to become Key Cross-Border Trade Lifeline (See 'Corp Brief') Advanced Agriculture fest kicks off in Raisen in MP (See 'Corp Brief') PMLA - Sec 2(1)(u) permits attachment of any property of equivalent value, including properties acquired prior to commission of scheduled offence, which are untraceable: SAFEMA (See 'Legal Desk') NTWB welcomes Jan Vishwas Amendments (See 'Corp Brief') IPR - Controller of Patent would decide whether differences, viewed in knowledge of alleged invention, constitute steps which would have been obvious to ordinary person skilled in art and rule out hindsight approach: HC (See 'Legal Desk') Anand Kumar Pal joins MoF as Chief Cost Adviser (See 'Corp Brief') IPR - Generic disclosure does not, by itself, defeat novelty of specific disclosure; Prior art that teaches away from claimed invention cannot serve as foundation for anticipation: HC (See 'Legal Desk') India-GCC reaffirms commitment to Regional Stability (See 'Corp Brief') IPR - Prior user of trademark has superior rights over subsequent user who holds registration for same or similar mark: HC (See 'Legal Desk') India-Bahrain stresses stability, Supply Chain Resilience and Stronger Economic Ties (See 'Corp Brief') Company Law - Sourcing pre-condition deposit unlawfully from corporate funds in direct violation of Sec 185, or executing settlement agreements without effectuating actual refunds or delivering legally valid & habitable possession, is illegal: SC (See 'Legal Desk') Supreme Court Clears Path For Single Insolvency Proceedings Against Linked Group Companies (See CORP EINSICHT)

SFIO tasked with 59 probes in last two years: MoS

Published: Sep 15, 2020

By TIOLCORPLAWS News Service

NEW DELHI, SEPT 15, 2020:The Ministry of Corporate Affairs (MCA) has information of the companies which have violated the provisions of Company Law. This was stated by Mr Anurag Singh Thakur, Union Minister of State for Finance & Corporate Affairs, in response to a written question in the Lok Sabha yesterday.

MCA either directly or through Regional Directors (RDs)/ Registrar of Companies (ROCs) receive complaints against companies from public (Individual/entities), from other Ministries etc., which are examined and action is taken as per the provisions of the Companies Act, 2013 which includes ordering and conducting Inquiries, Inspections or Investigations in terms of section 206(1),(4),(5), section 210 and section 212 of the Companies Act, 2013 respectively as the case may be on merits of each case in complaints of such nature involving fraud which require multi-disciplinary action, where large public interest and huge money transactions are involved are assigned to the Serious Fraud Investigation Office (SFIO) by the MCA. 

In his written reply, Mr Thakur gave details of Inquiries/Inspections/Investigations ordered during last two years from 2018-19 and 2019-20 as under:

No of Inquiry ordered u/s 206 (4)

No of Inspection ordered u/s 206 (5)

No of Investigation ordered u/s 210

No of Investigation ordered u/s 212 for SFIO

878

674

167

59

Shri Thakur said that the reasons for ordering Inquiries/Inspections/Investigations varies from case to case such as frauds, non-compliance of the provisions of the Companies Act, non-refund of deposit received from public under the Companies Act, complaints received from other Ministries, Forwarding the complaints filed by the banks on borrowings by the companies and on the basis of orders of Hon'ble Court/Tribunal.

There are 660 number of cases in which enquiry has been conducted.  Based on the findings, prosecutions are filed under the provisions of the Companies Act, 2013, the Minister said.

TIOL CORP SEARCH

TIOL GROUP WEBSITES