Chapter 14

Form SH-14 of Companies Act, 2013 – Cancellation or Variation of Nomination

Cancellation or Variation of Nomination Pursuant to sub-section (3) of section 72 of the Companies Act, 2013 and rule 19(9) of the Companies (Share Capital and Debentures) Rules 2014 Read More

Section 229 of Companies Act, 2013 – Penalty for furnishing false statement, mutilation, destruction of documents

SECTION 229. PENALTY FOR FURNISHING FALSE STATEMENT, MUTILATION, DESTRUCTION OF DOCUMENTS [Effective from 1st April, 2014] Where a person who is required to provide an explanation or make a statement during the course of inspection, inquiry or investigation, or an officer or other employee of a company or other body corporate which is also under… Read More

Section 228 of Companies Act, 2013 – Investigation, etc., of foreign companies

SECTION 228. INVESTIGATION, ETC., OF FOREIGN COMPANIES [Effective from 1st April, 2014] The provisions of this Chapter shall apply mutatis mutandis to inspection, inquiry or investigation in relation to foreign companies.   Read More

Section 227 of Companies Act, 2013 – Legal advisers and bankers not to disclose certain information

SECTION 227. LEGAL ADVISERS AND BANKERS NOT TO DISCLOSE CERTAIN INFORMATION [Effective from 9th September, 2016] Nothing in this Chapter shall require the disclosure to the Tribunal or to the Central Government or to the Registrar or to an inspector appointed by the Central Government— (a)   by a legal adviser, of any privileged communication made… Read More

Section 226 of Companies Act, 2013 – Voluntary winding up of company, etc., not to stop investigation proceedings

SECTION 226. VOLUNTARY WINDING UP OF COMPANY, ETC., NOT TO STOP INVESTIGATION PROCEEDINGS [Effective from 15th December, 2016] An investigation under this Chapter may be initiated notwithstanding, and no such investigation shall be stopped or suspended by reason only of, the fact that— (a)   an application has been made under section 241; (b)   the company… Read More

Section 225 of Companies Act, 2013 – Expenses of investigation

SECTION 225. EXPENSES OF INVESTIGATION [Effective from 1st April, 2014] (1) The expenses of, and incidental to, an investigation by an inspector appointed by the Central Government under this Chapter other than expenses of inspection under section 214 shall be defrayed in the first instance by the Central Government, but shall be reimbursed by the… Read More

Section 224 of Companies Act, 2013 – Actions to be taken in pursuance of inspector’s report

SECTION 224. ACTIONS TO BE TAKEN IN PURSUANCE OF INSPECTOR'S REPORT [Effective from 1st April, 2014 except sub-section (5) which is effective from 1st, June 2016 and  sub-section (2) from 15th December, 2016] (1) If, from an inspector's report, made under section 223, it appears to the Central Government that any person has, in relation to the… Read More

Section 223 of Companies Act, 2013 – Inspector’s report

SECTION 223. INSPECTOR'S REPORT [Effective from 1st April, 2014] (1) An inspector appointed under this Chapter may, and if so directed by the Central Government shall, submit interim reports to that Government, and on the conclusion of the investigation, shall submit a final report to the Central Government. (2) Every report made under sub-section (1)… Read More

Section 222 of Companies Act, 2013 – Imposition of restrictions upon securities

SECTION 222. IMPOSITION OF RESTRICTIONS UPON SECURITIES [Effective from 1st June, 2016] (1) Where it appears to the Tribunal, in connection with any investigation under section 216 or on a complaint made by any person in this behalf, that there is good reason to find out the relevant facts about any securities issued or to… Read More

Section 221 of Companies Act, 2013 – Freezing of assets of company on inquiry and investigation

SECTION 221. FREEZING OF ASSETS OF COMPANY ON INQUIRY AND INVESTIGATION [Effective from 1st June, 2016] (1) Where it appears to the Tribunal, on a reference made to it by the Central Government or in connection with any inquiry or investigation into the affairs of a company under this Chapter or on any complaint made… Read More

Section 220 of Companies Act, 2013 – Seizure of documents by inspector

SECTION 220. SEIZURE OF DOCUMENTS BY INSPECTOR [Effective from 1st April, 2014] (1) Where in the course of an investigation under this Chapter, the inspector has reasonable grounds to believe that the books and papers of, or relating to, any company or other body corporate or managing director or manager of such company are likely… Read More

Section 219 of Companies Act, 2013 – Power of inspector to conduct investigation into affairs of related companies, etc

SECTION 219. POWER OF INSPECTOR TO CONDUCT INVESTIGATION INTO AFFAIRS OF RELATED COMPANIES, ETC. [Effective from 1st April, 2014] If an inspector appointed under section 210 or section 212 or section 213 to investigate into the affairs of a company considers it necessary for the purposes of the investigation, to investigate also the affairs of—… Read More

Section 218 of Companies Act, 2013 – Protection of employees during investigation

SECTION 218. PROTECTION OF EMPLOYEES DURING INVESTIGATION [Effective from 1st June, 2016] (1) Notwithstanding anything contained in any other law for the time being in force, if— (a)   during the course of any investigation of the affairs and other matters of or relating to a company, other body corporate or person under section 210, section… Read More

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