Sunday 22 February 2015

India Toughens Measures on Ponzi Schemes

India has constituted a high-powered committee to recommend steps to strengthen the existing legislative and administrative framework for curbing the menace of Ponzi schemes.

Inter-ministerial Group comprising senior officials of finance, home and law ministries as well as the investigative agencies will study the existing statutory framework for dealing with unauthorized deposit taking activities and suggest ways to plug the loopholes and beef up the system.

Besides identifying legislative and administrative changes needed to plug loopholes in the system, the group has also been mandated to lay down a standard operating procedure (SOP) for processes to be followed by the lead agency and authorities which are investigating such cases.

The SOP, sources said, will ensure that prosecutors are able to nail culprits in courts without delay.

The detailed, written instructions will also help agencies achieve uniformity in their performance while investigating such cases across various jurisdictions.

Many entities are exploiting legal loopholes to cheat the public with Ponzi schemes and recommendations of the group would help government arm state and Central regulators and agencies to check such activities.

With regulatory loopholes and multiple agencies, it has been difficult to curb the menace of Ponzi, or illegal money pooling schemes.

While chit funds are regulated by state governments, collective investment schemes come under the ambit of the Securities and Exchange Board of India.

Non-banking financial companies are under Reserve Bank of India (RBI) regulations whereas companies in general fall in the regulatory framework of the corporate affairs ministry.

RBI figures show that there are more than 700 companies spread across different states against which complaints of non-payment of investors' money have been received.

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