Cos 221 — Freezing of assets of company on inquiry and investigation

Companies Act, 2013

Statutory text

(1)  Where  it  appears  to  the
Tribunal,  on  a  reference  made  to  it  by  the  Central  Government  or  in  connection  with  any  inquiry  or investigation into the affairs of a company under this Chapter or on any complaint made by such number of  members  as  specified  under  sub-section  (1)  of  section  244  or  a  creditor  having  one  lakh  amount outstanding  against  the  company  or  any  other  person  having  a  reasonable  ground  to  believe that  the removal, transfer or disposal of funds, assets, properties of the company is likely to take place in a manner that is prejudicial to the interests of the company or its shareholders or creditors or in public interest, it may by order direct that such transfer, removal or disposal shall not take place during such period not exceeding three years as may be specified in the order or may take place subject to such conditions and restrictions as the Tribunal may deem fit.
(2)  In  case  of  any  removal,  transfer  or  disposal  of  funds,  assets,  or  properties  of  the  company  in contravention of the order of the Tribunal under sub-section (1), the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees and every officer  of  the  company  who  is  in  default  shall  be  punishable  with  imprisonment  for  a  term  which  may extend to three years or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both.

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