Law and Practice relating to SFIO and Inspection, Investigation and Frauds
The book deals with, as its title suggests, law and procedure relating to SFIO (Special Fraud Investigation Office), inspection and investigation of a company. The concept of corporate entity was evolved to encourage and promote trade and commerce but not to commit illegalities or to defraud people. With the object to safeguard the interest of those dealing with company where the management is so conducted as to jeopardize those interests or where the company was formed for a fraudulent purpose or an unlawful object, the National Company Law Tribunal may direct the Central Government to appoint inspector(s) to investigate the affairs of the company and report. The Tribunal, thus, steps in and rectify matters when the directors of a company with their majority support conduct themselves in a manner inequitable, i.e., when their conduct is tainted with lack of probity or selfish interest as distinct from the interests of the company and of the public. What lies behind the statutory provisions is a breach of the fiduciary duties the majority is supposed to honor and the basis of the complaint itself is that there is a breach of such duties. Inspection, inquiry, and investigations are one of them, clubbed under Chapter XIV of the Companies Act, 2013.