Special Fraud investigation office: UPSC Daily Important Topic | 18 September 2022

UPSC IMP TOPIC 18 SEPT 2022

Serious Fraud Investigation Office (SFIO): Concise Exam Notes

Overview

  • The Serious Fraud Investigation Office (SFIO) is a multidisciplinary organisation under the Ministry of Corporate Affairs (MCA).
  • It investigates serious corporate frauds and white-collar crimes.
  • Its headquarters is located in New Delhi.
  • It is headed by a Director in the rank of Joint Secretary to the Government of India.

Establishment and Legal Status

  • SFIO was initially established through a Government of India resolution dated 2 July 2003.
  • Initially, it did not have formal statutory status.
  • Section 211 of the Companies Act, 2013 granted statutory status to SFIO.

Composition

SFIO comprises experts from several fields, including:

  • Accountancy
  • Forensic auditing
  • Law and company law
  • Information technology
  • Investigation
  • Capital markets
  • Taxation

Major Functions and Powers

  • Investigates complex and serious corporate frauds.
  • Detects white-collar crimes involving companies.
  • Prosecutes offenders or recommends their prosecution.
  • Has the power to arrest persons for specified offences under the Companies Act, 2013.
  • Uses multidisciplinary expertise to examine financial transactions, digital evidence and corporate records.

Computer Forensic and Data Mining Laboratory

  • The Computer Forensic and Data Mining Laboratory (CFDML) was established in 2013.
  • It provides digital-forensic and data-mining assistance to SFIO officers during investigations.

When Can an SFIO Investigation Be Ordered?

Under the Companies Act, 2013, the Central Government may assign an investigation into a company’s affairs to SFIO:

  1. On receiving a report from the Registrar of Companies or an inspector under Section 208.
  2. On receiving intimation of a special resolution passed by the company requesting an investigation.
  3. When an investigation is considered necessary in the public interest.
  4. On the request of any department of the Central Government or a State Government.

Quick Revision Facts

PointFact
Full formSerious Fraud Investigation Office
Administrative ministryMinistry of Corporate Affairs
HeadquartersNew Delhi
Established2 July 2003
Statutory provisionSection 211, Companies Act, 2013
HeadDirector
Director’s rankJoint Secretary to the Government of India
Digital-forensic laboratoryCFDML
CFDML established2013
Investigation entrusted byCentral Government
Section 208Report on inspection

Exam takeaway: SFIO was created in 2003, but it received statutory status only through Section 211 of the Companies Act, 2013.

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