Rough stage faced by FTIL
because of government
actions
Agenda
ACTIONS TAKEN BY GOVERNMENT
QUESTIONS RAISED BY MCA
CLEAN- CHIT TO CULPRITS
RESTRICTED INVESTIGATION
EOW OFFICER ASSERTED TO
MEDIA
ACTIONS TAKEN BY GOVERNMENT
 Company Law Board (CLB) is ready to
make judgment to take over and replace
existing Board of FTIL.
 Ministry of Corporate Affairs (MCA) filed a
petition against FTIL to replace the FTIL
Board
 Board of FTIL are also waiting for their
judgment which was postponed on May
15 to June 30.
QUESTIONS RAISED BY MCA
This move by MCA raised some unsettling
questions-
•Is the government trying to super cede the
company board using section 397 of the
Companies Act, 1956 so that it would not face
any opposition while merging the company with
NSEL under section 396 of the Companies
Act?
•Does the government’s argument before the
CLB that the current board of FTIL is trying to
“scuttle any attempts made to carry out
amalgamation between FTIL and NSEL” hold
CLEAN-CHIT TO CULPRITS
• Defaulters and Brokers involved in
money swindling commotion on NSEL
platforms.
• No investigations have been made
into the serious allegations that the
brokers ran funding schemes by
lending huge money to their trading
clients.
• Trading Clients PAN cards were
RESTRICTED
INVESTIGATION• Even after the arrest of three top brokerage
officials, the scope of investigation is yet to be
expanded to include issues related to money-
laundering.
Geojit
Comtrade’s
whole-time
director CP
Krishnan,
Anand Rathi
Commodities
managing
director Amit
Rathi
India InfoLine
Commodities
vice president
Chintan Modi
EOW OFFICER ASSERTED TO
MEDIA
• When examined, fictitious payments were
shown by brokers in book of accounts
presenting sale of commodities.
• Investigators also found large scale
market capturing practices by unique
client code modification by brokers and
illegal dealings through clients accounts
without the latter’s knowledge and
consent.
• The investigation was under Rajvardhan
Sinha, the then additional commissioner of
Conclusion
• On March 1, the board of FTIL passed a
resolution to strongly oppose the MCA
petition, claiming that it was a “clear attempt
by the ministry to render it ineffective and in
fact, defeat FTIL’s challenge and opposition
to the proposed amalgamation of NSEL with
FTIL.”
• Immediately, MCA moved CLB seeking
extraordinary powers under Section 397 to
supercede FTIL’s board by removing its
existing members and appointing government
nominees.
• The investigative agencies have already
• It should be noted that FTIL had appointed
a newly elected Board in late 2014;
promoter Jignesh Shah and some other
related members had stepped down
making way for professionals across
domains.
• Wanton government action of this sort is
appalling. The ministry has paid little or no
regard at all to the thousands of
stakeholders of FTIL. Such as blatant and
arbitrary knee jerk reaction would have a
Thank you

Rough Stage faced by FTIL because of governemnet actions

  • 1.
    Rough stage facedby FTIL because of government actions
  • 2.
    Agenda ACTIONS TAKEN BYGOVERNMENT QUESTIONS RAISED BY MCA CLEAN- CHIT TO CULPRITS RESTRICTED INVESTIGATION EOW OFFICER ASSERTED TO MEDIA
  • 3.
    ACTIONS TAKEN BYGOVERNMENT  Company Law Board (CLB) is ready to make judgment to take over and replace existing Board of FTIL.  Ministry of Corporate Affairs (MCA) filed a petition against FTIL to replace the FTIL Board  Board of FTIL are also waiting for their judgment which was postponed on May 15 to June 30.
  • 4.
    QUESTIONS RAISED BYMCA This move by MCA raised some unsettling questions- •Is the government trying to super cede the company board using section 397 of the Companies Act, 1956 so that it would not face any opposition while merging the company with NSEL under section 396 of the Companies Act? •Does the government’s argument before the CLB that the current board of FTIL is trying to “scuttle any attempts made to carry out amalgamation between FTIL and NSEL” hold
  • 5.
    CLEAN-CHIT TO CULPRITS •Defaulters and Brokers involved in money swindling commotion on NSEL platforms. • No investigations have been made into the serious allegations that the brokers ran funding schemes by lending huge money to their trading clients. • Trading Clients PAN cards were
  • 6.
    RESTRICTED INVESTIGATION• Even afterthe arrest of three top brokerage officials, the scope of investigation is yet to be expanded to include issues related to money- laundering. Geojit Comtrade’s whole-time director CP Krishnan, Anand Rathi Commodities managing director Amit Rathi India InfoLine Commodities vice president Chintan Modi
  • 7.
    EOW OFFICER ASSERTEDTO MEDIA • When examined, fictitious payments were shown by brokers in book of accounts presenting sale of commodities. • Investigators also found large scale market capturing practices by unique client code modification by brokers and illegal dealings through clients accounts without the latter’s knowledge and consent. • The investigation was under Rajvardhan Sinha, the then additional commissioner of
  • 8.
    Conclusion • On March1, the board of FTIL passed a resolution to strongly oppose the MCA petition, claiming that it was a “clear attempt by the ministry to render it ineffective and in fact, defeat FTIL’s challenge and opposition to the proposed amalgamation of NSEL with FTIL.” • Immediately, MCA moved CLB seeking extraordinary powers under Section 397 to supercede FTIL’s board by removing its existing members and appointing government nominees. • The investigative agencies have already
  • 9.
    • It shouldbe noted that FTIL had appointed a newly elected Board in late 2014; promoter Jignesh Shah and some other related members had stepped down making way for professionals across domains. • Wanton government action of this sort is appalling. The ministry has paid little or no regard at all to the thousands of stakeholders of FTIL. Such as blatant and arbitrary knee jerk reaction would have a
  • 10.