Action initiated to control fraudulent companies



Quick Summary
The Ministry of Corporate Affairs (MCA) is taking action against fraudulent companies, despite the term not being explicitly defined in the Companies Act, 2013. Union Minister of State for Finance & Corporate Affairs, Shri Anurag Singh Thakur, stated that investigations are ordered against companies accused of fraud and assigned to the Serious Fraud Investigation Office (SFIO) and Regional Directors (RDs). The MCA has also implemented e-governance projects and simplified company registration processes to enhance transparency and efficiency.

The term 'Fraudulent Company' is not defined in the Companies Act, 2013. However, Ministry of Corporate Affairs (MCA) through the Registrar of Companies (ROC) CRC at Manesar registers new companies by following due process of law.

This was stated by Shri Anurag Singh Thakur, Union Minister of State for Finance & Corporate Affairs, in a written reply to a question in Rajya Sabha today.

The Minister stated that in order to simplify the process of registration of new companies, MCA had taken various steps such as SPICe form was introduced to reduce the procedures, time and cost required for incorporation of a company to great extent. Since 23rd February 2020, the SPICe form has been replaced by a new generation integrated incorporation form christened SPICe+ web form which offers 10 services by three Central Government Ministries, the Maharashtra State Government and six public & private sector Banks, thereby reducing the number of procedures required to start business in India.  MCA has been implementing a holistic end-to-end e-Governance project named 'MCA21' for discharging its statutory functions since March, 2006 to bring transparency, speed and efficiency in the functioning of the Government.

Giving more details, the Minister said, MCA is aware of the corporate frauds reported in the last five years. Based on the complaints, investigations have been ordered from time to time against the companies which were allegedly involved in fraud and assigned to Serious Fraud Investigation Office (SFIO) and Regional Directors (RDs). The details of number of companies against whom Investigations ordered and assigned to SFIO and RDs during the last 5 Financial Years are as under:

Action Against Fraudulent Companies in India

Financial year

No. of investigations ordered and assigned to SFIO

No. of investigations ordered and assigned to RDs

No of Cases

No of Companies

No of Cases

No of Companies

2015-16

21

184

3

3

2016-17

25

111

2

2

2017-18

22

226

52

117

2018-19

33

414

27

126

2019-20

26

326

33

100

FAQ :

The term 'Fraudulent Company' is not explicitly defined in the Companies Act, 2013.

New companies are registered by the Ministry of Corporate Affairs (MCA) through the Registrar of Companies (ROC) CRC at Manesar, following due legal process.

The MCA introduced the SPICe form and subsequently the SPICe+ web form, which integrates multiple services from government ministries and banks, significantly reducing the procedures, time, and cost for incorporating a company.

The MCA orders investigations into companies allegedly involved in fraud based on complaints, assigning these cases to the Serious Fraud Investigation Office (SFIO) and Regional Directors (RDs).

Alleged corporate fraud cases are investigated by the Serious Fraud Investigation Office (SFIO) and Regional Directors (RDs).




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