illegal money pooling schemes ,safety to investors GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS LOK SABHA U...
illegal money pooling schemes ,safety to investors
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
UNSTARRED QUESTION NO. 4709
ANSWERED ON MONDAY THE 23rd MARCH, 2020
CHAITRA 3, 1942 (SAKA)
ILLEGAL MONEY POOLING SCHEMES
4709. Dr. SHASHI THAROOR:
Will the Minister of CORPORATE AFFAIRS
be pleased to state:
(a) Whether the Ministry has introduced measures to provide safety to investors from illegal money pooling schemes and to clamp down on illicit fund raising activities:
(b) If so, the details thereof and if not, the reasons therefor;
(c) The details of amendments made to the Companies( Incorporation) Rules, 2014 and Investor Education and Protection Fund (IEPF) Authority (Accounting, Audit, Transfer and Refund) Rules, 2016 for transparency in approving the names for companies and protection of the interests of investors;
(d) Whether the Ministry is about to integrate Artificial Intelligence into operations of its e- governance service MCA-21; and
(e) If so, the details thereof and if not, the reasons therefor?
THE MINISTER OF STATE FOR FINANCE
AND CORPORATE AFFAIRS
(SHRI ANURAG SINGH THAKUR)
(a)& (b): Investor Education and Protection Fund (IEPF Authority) has been set up under Section 125 of the Companies Act, 2013 with the objective of promoting investor education, awareness, protection and to make refund of claim to the investors. The IEPF Authority organizes Investor Awareness Programmes (IAPs) through the Professional Institutes and CSC e-Governance Services India Limited, with the objective of creating awareness amongst the Investors as a part of its mandate. Apart from this, awareness creating messages are disseminated from time to time through print and electronic media. Details of IAPs conducted during the last 3 years is as under:-
|Financial Year||By Professional Institutes||By CSC e-Governance||Total|
|2019 - 20||
Besides, the IEPF Authority has also entered into Memorandum of Understanding with various organisations like India Post Payment Bank, Nehru Yuva Kendra Sangathan and various Banks with the objective of creating awareness among the investors. Section 125(3)(c) of the Companies Act 2013 provides for distribution of any disgorged amount among eligible and identifiable applicants for shares or debentures, shareholders, debenture-holders or depositors who have suffered losses due to wrong actions by any person, in accordance with the orders made by the Court which had ordered disgorgement. Further section 125 (3)(d) also provides for reimbursement of legal expenses incurred in pursuing class action suits under sections 37 and 245 by members, debenture holders or depositors as may be sanctioned by the National Company Law Tribunal.
(c): Companies (Incorporation) Rules, 2014 have been amended vide GSR No. 357(E) dated 10.05.2019 to bring more clarity to the rules related to name availability by inclusion of illustrations in the rules, providing a clear test to determine as to whether the applied name resembles too nearly with the name of an existing company and bringing more clarity in the rule related to general names / descriptive names and trademark applicability with the help of many illustrations that have been given to explain the different scenarios. Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Rules 2016 have been amended vide GSR No. 571(E) dated 14.08.2019 to simplify the process of refund of claims filed with the IEPF Authority. The amended rules provide for authentication of identity of claimant through online verification of PAN, e-verification of claim by the Nodal Officer of the Company and online processing of claim by the IEPF Authority.
(d)& (e): Currently Version 2 of the MCA 21 system is operational. MCA 21 Version 3 envisages various areas such as Helpdesk Solutions, e-Consultation Module, Security and Threat Management for utilizing the capabilities of Artificial Intelligence and Machine Learning.
Source : LOK SABHA
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