Comment on the following statements : Investigation by Serious Fraud Investigation Office under Section 212 of Companies Act, 2013 can be initiated by Central Government.
CS Executive · Company Law · PYQS · December 2021
Comment on the following statements : Investigation by Serious Fraud Investigation Office under Section 212 of Companies Act, 2013 can be initiated by Central Government.
Answer & Explanation:
Yes, it is very rightly mentioned that investigation into the affairs of the company by Serious Fraud Instigation Office (SFIO) can be initiated by Central Government but is not done always on its own, rather on receipt of report/ resolution or request in this context. Section 212 of the Companies Act, 2013 provides that the Central Government is of the opinion, that it is necessary to investigate into the affairs of a company by the Serious Fraud Investigation Office- (a) on receipt of report of the Registrar or Inspector under section 208; (b) on intimation of a special resolution passed by a company, that its affairs are required to be investigated; (c) in public interest; (d) on the request of any Department of Central Government or State Government. The Central Government may, by order, assign the investigation into the affairs of the said company to the Serious Fraud Investigation Office and its Director, may designate such number of inspectors, as he may consider necessary for the purpose of such investigation. The Investigating Officer shall have the power of the inspector under section 217 of the Companies Act, 2013. As per sub section (5) of section 212 of the Companies Act, 2013 it shall be responsibility of the company and its officers and employees, who are or have been in employment of the company shall be responsible to provide all information, explanation, documents and assistance to the Investigating Officer as he may require for conduct of the investigation. Where the investigation into the affairs of a company has been assigned by the Central Government to Serious Fraud Investigation Office, it shall conduct the investigation in the manner and follow the procedure provided in this Chapter; and submit its report to the Central Government within such period as may be specified in the order. The Central Government if so directs, the Serious Fraud Investigation Office shall submit an interim report to the Central Government.
Topics: Investigation and Inspection
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