Violation of provisions of Company Law by Companies and action taken by MCA

Violation of provisions of Company Law by Companies and action taken by MCA.

Today, Union Minister of State for Finance & Corporate Affairs, in response to a written question in the Lok Sabha informed about the action taken by the MCA on companies that have violated the provisions of the Companies Act 2013.

It was informed that 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.

Where the complaints are 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. 

As per the reply, details of Inquiries/Inspections/Investigations ordered during last two years from 2018-19 and 2019-20 were as under: 

Action taken by MCA againsnt Companies for violation of Company Law 

Section Nature of violation No. of Inquiries/ Inspection/ Investigation ordered
206(4) Business of a company carried on for a fraudulent or unlawful purpose or not in compliance with the provisions of the Companies Act 878
206(5) Circumstances warrant a direct inspection of books and papers of a company by an inspector   674
210 Investigation into affairs of the company on receipt of a report of ROC or on special resolution passed by a company requesting investigation or in public interest, or on order by a court or the Tribunal 167
212 Investigation into Affairs of Company by Serious Fraud Investigation Office 59

The House was informed 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.

It was also informed that in 660 number of cases enquiry has been conducted.  Based on the findings, prosecutions are filed under the provisions of the Companies Act, 2013.

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