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Inspection, Inquiry and Investigation Under The Companies Act, 2013
Inspection, Inquiry and Investigation Under The Companies Act, 2013
Investigation
under
The Companies Act, 2013
Presentation
by
CA. ANIL SHARMA
Law Enforcement under the CA, 2013
• Powers to ROC and Inspectors to make enquires,
inspections and investigations
• Sec 227:
• (b) who are or have been able to control or to materially influence the policy of
the 1[company; or].
• 2[(c) who have or had beneficial interest in shares of a company or who are or
have been beneficial owners or significant beneficial owner of a company].
• (2) Without prejudice to its powers under sub-section (1), the Central
Government shall appoint one or more inspectors under that sub-section, if the
Tribunal, in the course of any proceeding before it, directs by an order that the
affairs of the company ought to be investigated as regards the membership of
the company and other matters relating to the company,
• (a) any other body corporate which is, or has at any relevant time been the company’s
subsidiary company or holding company, or a subsidiary company of its holding company;
• (b) any other body corporate which is, or has at any relevant time been managed by any
person as managing director or as manager, who is, or was, at the relevant time, the
managing director or the manager of the company;
• (c) any other body corporate whose Board of Directors comprises nominees of the
company or is accustomed to act in accordance with the directions or instructions of the
company or any of its directors; or
• (d) any person who is or has at any relevant time been the company’s managing director
or manager or employee,
• he shall, subject to the prior approval of the Central Government, investigate into and
report on the affairs of the other body corporate or of the managing director or manager,
in so far as he considers that the results of his investigation are relevant to the
investigation of the affairs of the company for which he is appointed.
• (5) the inspector, being an officer of the Central Government, shall have
all the powers as are vested in a civil court under the Code of Civil
Procedure, 1908, while trying a suit in respect of the following matters,
namely:—
– (a) the discovery and production of books of account and other documents,
at such place and time as may be specified by such person;
– (b) summoning and enforcing the attendance of persons and examining them
on oath; and
– (c) inspection of any books, registers and other documents of the company at
any place