Establishment of Serious Fraud Investigation Office

(1)

The Central Government shall, by notification , establish an office to be called the Serious Fraud Investigation Office to investigate frauds relating to a company:

Proviso

Provided that until the Serious Fraud Investigation Office is established under subsection ( 1 ), the Serious Fraud Investigation Office set-up by the Central Government in terms of the Government of India Resolution No. 45011/16/2003-Adm-I, dated the 2nd July, 2003 shall be deemed to be the Serious Fraud Investigation Office for the purpose of this section.

(2)

The Serious Fraud Investigation Office shall be headed by a Director and consist of such number of experts from the following fields to be appointed by the Central Government from amongst persons of ability, integrity and experience in,—

(i)

banking;

(ii)

corporate affairs;

(iii)

taxation;

(iv)

forensic audit;

(v)

capital market;

(vi)

information technology;

(vii)

law; or

(viii)

such other fields as may be prescribed.

(3)

The Central Government shall, by notification, appoint a Director in the Serious Fraud Investigation Office, who shall be an officer not below the rank of a Joint Secretary to the Government of India having knowledge and experience in dealing with matters relating to corporate affairs.

(4)

The Central Government may appoint such experts and other officers and employees in the Serious Fraud Investigation Office as it considers necessary for the efficient discharge of its functions under this Act.

(5)

The terms and conditions of service of Director, experts, and other officers and employees of the Serious Fraud Investigation Office shall be such as may be prescribed.

Notes, amendments & references (2)

Refer rule 3 of the Companies (Inspection, Investigation and Inquiry) Rules, 2014. To view the rule, Click Here

Refer rule 4 of the Companies (Inspection, Investigation and Inquiry) Rules, 2014. To view the rule, Click Here