IBC 218 — Investigation of insolvency professional agency or its member or information utility

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) Where the Board, on receipt of a complaint under section 217 or has reasonable grounds to believe  that  any  insolvency  professional  agency  or insolvency  professional  or an  information  utility  has contravened any of the provisions of the Code or the rules or regulations made or directions issued by the
Board  thereunder,  it  may,  at  any  time  by  an  order  in  writing,  direct  any  person  or  persons  to  act  as  an investigating authority to conduct an inspection or investigation of the insolvency professional agency or insolvency professional or an information utility.
(2) The inspection or investigation carried out under sub-section (1) of this section shall be conducted within such time and in such manner as may be specified by regulations.
(3)  The  Investigating  Authority  may,  in  the  course  of  such  inspection  or  investigation,  require  any other person who is likely to have any relevant document, record or information to furnish the same, and such person shall be bound to furnish such document, record or information:
Provided  that  the  Investigating  Authority  shall  provide  detailed  reasons  to  such  person  before requiring him to furnish such document, record or information.
(4)  The  Investigating  Authority  may,  in  the  course  of  its  inspection  or  investigation,  enter  any building or place where they may have reasons to believe that any such document, record or information relating  to  the  subject-matter  of  the  inquiry  may  be  found  and  may  seize  any  such  document,  record  or information or take  extracts  or copies therefrom, subject to the  provisions of section 100 of the  Code of Criminal Procedure, 1973 (2 of 1974), insofar as they may be applicable.
(5)  The  Investigating  Authority  shall  keep  in  its  custody  the  books,  registers,  other  documents  and records  seized  under  this  section  for  such  period  not  later  than  the  conclusion  of  the  investigation  as  it considers  necessary and thereafter shall return the same  to the  concerned person from whose custody or power they were seized:
Provided   that   the   Investigating   Authority   may,   before   returning   such   books,   registers,   other documents and record as aforesaid, place identification marks on them or any part thereof.
(6)  A  detailed  report  of  inspection  or  investigation  shall  be  submitted  to  the  Board by  the Investigating Authority.

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