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        Corp. Laws, SEBI & IBC

        Corporate Frauds

        February 27, 2015

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        The Ministry had tested an early warning system, developed in-house, during the year 2013-14. This system was dropped on account of unsatisfactory results.

        Non-compliance with the provisions of Companies Act are identified through analysis of certain statements and returns filed by the companies and/ or complaints received in the Ministry/ Serious Fraud Investigation Office (SFIO), by the concerned Registrars of Companies and SFIO.

        During the last three years and in the current year (from 01.04.2014 to 23.02.2015), the Ministry, has ordered investigations (through SFIO) in respect of 184 companies for alleged corporate frauds as per the following details:

        Year

        No. of companies ordered for investigation

        2011-12

        13

        2012-13

        42

        2013-14

        82

        2014-15 (till date)

        47

        Total

        184

        SFIO has submitted investigation reports in respect of 102 companies during the last three years and current year. The Ministry has ordered filing of prosecutions against companies/ directors/ officers in default, as required. The relevant reports, wherever indicated, have also been shared with respective investigating agencies.

        Since its establishment in the year 2003, funds amounting to ₹ 51.39 crore have been released from budgetary sources to SFIO.

        Some of the steps taken by the Government are as under:

        Enhanced disclosure norms mandated under the Companies Act, 2013 so that investors get all relevant information from the companies;

        Definition of the term “Fraud” (along with its punishment) has been introduced in the Companies Act, 2013 for the first time;

        Serious Fraud Investigation Office (SFIO) has been granted statutory status with adequate powers under the Companies Act, 2013;

        Provisions for attachment and disgorgement of assets introduced under the Companies Act, 2013.

        Corporate fraud detection and enforcement strengthened by statutory SFIO powers and new fraud definition under Companies Act. Corporate fraud detection relies on analysis of company statements, returns and complaints, with the Ministry directing the Serious Fraud Investigation Office (SFIO) to investigate companies and produce reports that support prosecutions and inter-agency sharing. The Companies Act, 2013 strengthened enforcement by introducing a statutory definition and punishment for Fraud, granting SFIO statutory powers, mandating enhanced disclosure norms, and providing for attachment and disgorgement of assets.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Corporate fraud detection and enforcement strengthened by statutory SFIO powers and new fraud definition under Companies Act.

                              Corporate fraud detection relies on analysis of company statements, returns and complaints, with the Ministry directing the Serious Fraud Investigation Office (SFIO) to investigate companies and produce reports that support prosecutions and inter-agency sharing. The Companies Act, 2013 strengthened enforcement by introducing a statutory definition and punishment for Fraud, granting SFIO statutory powers, mandating enhanced disclosure norms, and providing for attachment and disgorgement of assets.





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                              ActsIncome Tax
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