Section 211 Companies Act 2013 establishes the SERIOUS FRAUD INVESTIGATION OFFICE (SFIO). SFIO investigates fraud in companies on a reference from:
Aonly the Reserve Bank of India in matters concerning banking companies (cf. Companies Act 2013, Section 212) (cf. Companies Act 2013, Section 212)
Bonly the Auditor General of India in respect of Government companies alone (cf. Companies Act 2013, Section 212) (cf. Companies Act 2013, Section 212)
Cany individual creditor making a written application against the company (cf. Companies Act 2013, Section 212) (cf. Companies Act 2013, Section 212)
Dthe Central Government, on (a) Registrar/Inspector report, (b) special resolution by company, (c) public interest, (d) request from any Department of CG or State Government
Answer & Solution
Correct answer: D. the Central Government, on (a) Registrar/Inspector report, (b) special resolution by company, (c) public interest, (d) request from any Department of CG or State Government
1. Section 211 Companies Act 2013 establishes the SFIO; Section 212 prescribes investigation by SFIO.
2. Section 212(1): where the Central Government is of the opinion that it is necessary to investigate the affairs of a company by the SFIO — (a) on receipt of a 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 the public interest; (d) on request from any Department of the Central Government or a State Government, the Central Government may, by order, assign the investigation into the affairs of the said company to the SFIO.
2. SFIO has wide powers (arrest power for Section 447 fraud added by 2017 amendment, Sec 212(8)-(11)).
3. Hence option B is correct.
_Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 212_
Related questions
Under Section 2(46) and Section 2(87) Companies Act 2013, a 'holding company' is a companySection 271 Companies Act 2013 grounds for winding-up by NCLT do NOT include 'INABILITY TOUnder Section 102 Companies Act 2013, a statement (EXPLANATORY STATEMENT) annexed to the nUnder Section 246 Companies Act 2013 read with Section 339, the NCLT may order LIFTING OF Under Section 134(3)(c) Companies Act 2013, the BOARD'S REPORT shall include 'Extract of tProducer Companies are governed under Chapter XXI-A (Sections 378A-378ZU) inserted into thSection 380 Companies Act 2013 requires every FOREIGN COMPANY conducting business in IndiaSection 230(11) Companies Act 2013 (inserted by 2019 Amendment) deals with TAKEOVER OFFERS