Question : Action on Non-compliance of Companies Act- 2013

(a) whether the Government has taken action against officials of various companies who had defaulted on carrying out statutory compliance required under the Companies Act, 2013;

(b) if so, the details thereof and the number of complaints received from the stakeholders and the action taken thereon;

(c) if not, the reasons therefor;

(d) whether the Government has decided to track down the beneficial owners of suspected shell companies and take penal action against them;

(e) if so, the details thereof and the progress made therein and if not, the reasons therefor; and

(f) the details of total number of directors who had been barred by the Government in the last three years and during the current financial year for committing such company law related crime?

MINISTER OF STATE FOR LAW AND JUSTICE (SHRI P. P. CHAUDHARY)
AND CORPORATE AFFAIRS

(a) to (c): Action against defaulting companies and its officials for violation of provisions of the Companies Act, 2013 is a regular feature carried on through inquiry, inspections & investigations under the Companies Act, 2013.

(d) to (e): The term suspected Shell Company has not been defined under the Companies Act, 2013. However, based on information received from various banks, the Central Government has ordered investigation on 15.11.2017 into the true ownership of 18 companies through Serious Fraud Investigation Office (SFIO) & 39 companies through Regional Directors (RDs) u/s 216 read with Section 210(1)(c) of the Companies Act, 2013.

(f): During the current financial year 2017-18 (as on 30.11.2017), the Government has identified 3,09,619 directors as disqualified u/s 164(2)(a) read with section 167(1) of the Companies Act, 2013 pertaining to the companies for which financial statements or annual returns have not been filed for a continuous period of three financial years.
*******