Monday, 21 April 2014

(12.13.2) Investigation



The Act affords some protection to shareholders and creditors of a company by giving powers to the central Government in certain circumstances to investigate either (i) the affairs; or (ii) the ownership of a company.

The following chart shows the powers of the Central Government to appoint one or more competent inspectors to conduct investigation of the affairs of a company (Ss.235 and 237).

                        Power of Investigation of Central Government.

               Discretionary
                  Mandatory
(i) if required by the Members, or


(ii) on the Report by the Registrar; or

(iii) on its own motion.
(i) if required by the company by special resolution; or

(ii) if required by the Court.

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