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    Insolvency and Bankruptcy Board of India commences conduct of online valuation examinations for registration of Valuers
    Ministry has ordered investigation into the affairs of Fortis Healthcare Ltd and has assigned the same to SFIO
    Ministry of Corporate Affairs (MCA) has filed prosecution against 780 listed companies under various sections of Companies Act, 2013 due to non-filing...
    Shri P.P. Chaudhary calls for multi-polar world, says India is ready to take its well-deserved place with leading nations of the world
    107 companies and 7 LLPs under SFIO scanner in PNB fraud case
    India to host International Competition Network Annual Conference for the first time from 21st to 23rd March 2018 at New Delhi
    9,073 cases are under consideration in NCLT, including 1,630 cases of Merger and Amalgamation; 2,511 cases of insolvency and 4,932 cases under other s...
    Resolution professional doesn’t require nod of shareholders/members for insolvency resolution
    No reduction in approval of resolution plans after enactment of IBC (Amendment) Ordinance 2017
    “Vanishing companies” can only be listed companies; so far 161 “vanishing companies” have been traced
    199 companies face penalty for non-compliance of CSR norms
    NFRA to have power to impose penalty on audit firms
    Cabinet approves Establishment of National Financial Reporting Authority
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    March 31, 2018
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    Valuer registration: online valuation examinations begin enabling registration subject to prescribed qualifications, RVO course, and passing the exam.
    IBBI is commencing computer based valuation examinations for registration of Registered Valuers under the Companies (Registered Valuers and Valuation) Rules, 2017 for three asset classes. For registration, a person must have prescribed qualification and experience, be enrolled as a member of a Registered Valuer Organisation, complete the RVO conducted educational course, and pass the IBBI valuation examination; IBBI has specified the syllabus, examination format and minimum course delivery requirements.
    March 24, 2018
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    Investigation into corporate affairs ordered: SFIO assigned to probe Fortis, highlighting enhanced fraud offence and governance measures.
    An investigation into Fortis Healthcare Ltd has been ordered and assigned to the Serious Fraud Investigation Office (SFIO), which will examine all issues in their entirety and is currently in the initial stage. The announcement places this assignment against SFIO's recent caseload of company investigations, noting pending matters include quashed, withdrawn and stayed cases, and records Government measures including treating fraud as a substantive offence, strengthened corporate governance norms and use of ICT tools for detection.
    March 24, 2018
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    Non-filing prosecutions prompt enforcement action and strike-offs of inactive companies under company law provisions resulting in removals.
    Ministry of Corporate Affairs initiated prosecutions against 780 listed entities for failure to file financial statements and annual returns. RoC data for FY 2015-16 and FY 2016-17 show variations in registrations and closures. Under Section 248(1)(c), 2.97 lakh inactive companies were identified and 2,26,166 names were struck off by 31.12.2017 after following the prescribed process.
    March 21, 2018
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    International competition cooperation urged to adopt phased global antitrust cooperation and address digital economy challenges.
    The text urges strengthened international cooperation in competition law through a phased, flexible and planned approach to cross-border investigations and merger review, promoting alignment of policies to avoid inconsistent application and to integrate enforcement globally. It emphasises adapting agency tools and cooperative arrangements to address digital economy challenges-such as big data, artificial intelligence, internet-of-things and distributed ledger technologies-while maintaining a consumer welfare focus and pursuing procedural and substantive convergence among competition authorities.
    March 16, 2018
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    Corporate investigation orders target group companies and LLPs under SFIO probe linked to bank fraud.
    An SFIO inquiry has been ordered into 107 companies and 7 LLPs linked to Nirav Modi and Mehul Chinubhai Choksi under Section 212(1)(c) of the Companies Act, 2013 and Section 43(3)(c)(i) of the Limited Liability Partnership Act, 2008 in connection with the Punjab National Bank fraud; the Government ordered the probe on 17 February 2018 and the investigation is ongoing.
    March 16, 2018
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    Competition law cooperation advances as India hosts international conference to promote enforcement convergence and cross border coordination.
    India will host the International Competition Network 17th Annual Conference in New Delhi, assembling senior competition agencies, advisors and experts to promote procedural and substantive convergence in enforcement, strengthen cross border cooperation, and share strategies for effective competition law enforcement in global and digital markets. The programme includes plenary and breakout sessions on cartel enforcement, advocacy, judicial perspectives, vertical mergers, online markets and enforcement implementation.
    March 14, 2018
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    Corporate adjudication caseload: managing pending merger, insolvency and company proceedings using time-bound disposal and IT systems.
    Dissolution of the predecessor corporate adjudicatory forum has left a consolidated tribunal with a substantial caseload spanning merger and amalgamation matters, insolvency petitions and other company-act cases. Administrative emphasis is on meeting statutory timeframes under the Companies Act and the Insolvency and Bankruptcy Code through procedural reforms and extensive use of electronic information and case-management systems to expedite disposal.
    March 14, 2018
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    Resolution professional authority: no shareholder approval required during insolvency resolution plan approval under the Code.
    The procedural framework under the Code confines receipt, consideration and approval of a resolution plan to the resolution professional and the Adjudicating Authority without requiring shareholder or member approval; regulatory amendments require selection of a credible resolution plan that maximises asset value and prohibit persons whose antecedents may impair the process from submitting resolution plans.
    March 14, 2018
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    Prohibition on certain persons submitting resolution plans strengthens vetting and submission requirements under the amended insolvency framework.
    Amendments impose prohibitions on certain persons submitting resolution plans and add submission and consideration requirements to strengthen the insolvency resolution process, targeting participants whose antecedents may compromise credibility and mandating enhanced vetting by the decision-making body prior to approval.
    March 14, 2018
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    Vanishing companies classification limits regulatory reach; traced firms face coordinated company and criminal law enforcement and monitoring continues.
    Vanishing companies are limited to entities that were listed at public issue and are subject to coordinated tracing and enforcement; a dedicated Coordination and Monitoring Committee has traced a majority of identified listed vanished companies and actions under company and criminal law against those companies and their directors/promoters are underway. Companies struck off under Section 248 of the Companies Act, 2013 are excluded from the vanishing-companies definition, and closure of regional stock exchanges by SEBI does not alter listing status except per SEBI procedures.
    March 6, 2018
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    Corporate Social Responsibility compliance triggers penal action against companies under Companies Act procedural provisions when violations are found
    Permission has been granted to initiate penal action against 199 companies for non compliance with Corporate Social Responsibility obligations under the Companies Act. The statement records that there is no proposal to review the CSR implementation framework and that enforcement proceedings are commenced under the Act's enforcement provisions when CSR violations are detected.
    March 6, 2018
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    Regulatory authority power to impose penalties on audit firms follows firm registration and firm-level disciplinary procedures.
    The statutory framework is amended to vest a regulatory authority with power to impose penalties on audit firms, contingent on formal registration and subjecting firms to disciplinary procedures analogous to those for individual members, including investigation, proceedings, and sanctioning mechanisms.
    March 4, 2018
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    Independent audit regulation: NFRA to oversee audits of listed and large unlisted companies and investigate auditors.
    Establishment of the National Financial Reporting Authority (NFRA) as an independent regulator for the auditing profession with specified leadership posts, tasked with enforcing auditing standards and improving audit quality. NFRA's investigatory jurisdiction under section 132 will cover listed companies and large unlisted public companies as per thresholds in Rules, with the Central Government able to refer other entities on public interest grounds. ICAI retains its regulatory role for members generally and for audits of private limited and smaller public unlisted companies below the thresholds, QRB continues quality reviews and ICAI provides advisory input on standards to NFRA.

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