What is Report on inspection made? What is Search and seizure? What is Investigation into affairs of company? Section 208,209 and 210 of Indian Companies Act 2013

Report on inspection made, Search and seizure and Investigation into affairs of company are defined under Section 208, 209 and 210 of Indian Companies Act 2013. Provisions under these Sections are:

Section 208 of Indian Companies Act 2013 "Report on inspection made"

The Registrar or inspector shall, after the inspection of the books of account or an inquiry under section 206 and other books and papers of the company under section 207, submit a report in writing to the Central Government along with such documents, if any, and such report may, if necessary, include a recommendation that further investigation into the affairs of the company is necessary giving his reasons in support.

 

Section 209 of Indian Companies Act 2013 "Search and seizure"

(1) Where, upon information in his possession or otherwise, the Registrar or inspector has reasonable ground to believe that the books and papers of a company, or relating to the key managerial personnel or any director or auditor or company secretary in practice if the company has not appointed a company secretary, are likely to be destroyed, mutilated, altered, falsified or secreted, he may, after obtaining an order from the Special Court for the seizure of such books and papers, -

(a) enter, with such assistance as may be required, and search, the place or places where such books or papers are kept; and

(b) seize such books and papers as he considers necessary after allowing the company to take copies of, or extracts from, such books or papers at its cost.

(2) The Registrar or inspector shall return the books and papers seized under subsection

(1), as soon as may be, and in any case not later than one hundred and eightieth day after such seizure, to the company from whose custody or power such books or papers were seized:

Provided that the books and papers may be called for by the Registrar or inspector for a further period of one hundred and eighty days by an order in writing if they are needed again:

Provided further that the Registrar or inspector may, before returning such books and papers as aforesaid, take copies of, or extracts from them or place identification marks on them or any part thereof or deal with the same in such other manner as he considers necessary.

(3) The provisions of the Code of Criminal Procedure, 1973 relating to searches or seizures shall apply, mutatis mutandis, to every search and seizure made under this section.

Section 210 of Indian Companies Act 2013 "Investigation into affairs of company"

(1) Where the Central Government is of the opinion, that it is necessary to investigate into the affairs of a company, -

(a) on the receipt of a report of the Registrar or inspector under section 208;

(b) on intimation of a special resolution passed by a company that the affairs of the company ought to be investigated; or

(c) in public interest, it may order an investigation into the affairs of the company.

(2) Where an order is passed by a court or the Tribunal in any proceedings before it that the affairs of a company ought to be investigated, the Central Government shall order an investigation into the affairs of that company.

(3) For the purposes of this section, the Central Government may appoint one or more persons as inspectors to investigate into the affairs of the company and to report thereon in such manner as the Central Government may direct.

What is Forms of, and procedure in relation to, certain applications? Section 201 of Indian Companies Act 2013

What is Compensation for loss of office of managing or whole-time director or manager? Section 202 of Indian Companies Act 2013

What is Appointment of key managerial personnel? Section 203 of Indian Companies Act 2013

What is Secretarial audit for bigger companies? What are the Functions of company secretary? Section 204 and 205 of Indian Companies Act 2013

What is Power to call for information, inspect books and conduct inquiries? What is power to Conduct of inspection and inquiry? Section 206 and 207 of Indian Companies Act 2013

What is Report on inspection made? What is Search and seizure? What is Investigation into affairs of company? Section 208,209 and 210 of Indian Companies Act 2013

What is Establishment of Serious Fraud Investigation Office? Section 211 of Indian Companies Act 2013

What is Investigation into affairs of Company by Serious Fraud Investigation Office? Section 212 of Indian Companies Act 2013

What is Investigation into company’s affairs in other cases? Section 213 of Indian Companies Act 2013

What is Security for payment of costs and expenses of investigation Firm, body corporate or association not to be appointed as inspector? Section 214 and 215 of Indian Companies Act 2013

What is Investigation of ownership of company? What is Procedure, powers, etc., of inspectors? Section 216 and 217 of Indian Companies Act 2013

What is Protection of employees during investigation? Section 218 of Indian Companies Act 2013

What is Power of inspector to conduct investigation into affairs of related companies, etc Seizure of documents by inspector? Section 219 and 220 of Indian Companies Act 2013

 

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