Category: MLM Law India

  • Andhra Pradesh Money Circulation Companies Collected Rs 397 cr in Last Two Years

    Andhra Pradesh Money Circulation Companies Collected Rs 397 cr in Last Two Years

    Visakhapatnam, Andhra Pradesh money circulation business collected massive Rs 397 cr in two years span and shut down the business. People lost big chunk of their hard-earned money in these scam businesses.

    Lots of professional scamster who guarantee to make one rich overnight, vanish no quicker than they appear with grand ads and bring in lakhs of rupees from trustful people in spite of warnings by the authorities.

    “Our action is extremely tough and propels in imprisoning these offenders and attaching their residential properties,” states Deputy Commissioner of Police P Viswaprasad.

    “The RBI has stated particular interest rates. Apply logic when somebody comes to you with financially rewarding offers,” the DCP cautioned individuals. All brand-new ‘financial’ institutions will come under the scanner soon, he included.

    “The Commissioner of Police is authorised to ask for records even if no scams is identified,” he explained and included “we will act  against such offenders and suspicious characters.”.

    Names of fraudulent Companies which looted people and then vanished throughout the last 2 years is as follows:

    1. Suraksha Infra Ltd (Rs 5 crore Scam).
    2. Magic Resorts Pvt. Ltd (Rs 23 crore Scam).
    3. Raaga Avenues and Ventures (Rs 34 crore Scam).
    4. Security Investment Making Services – SIMS (Rs 300 crore Scam).
    5. Spark Resorts (Rs 20 crore Scam).
    6. Sri Chakra Gold Farms and Villas India Ltd (Rs 15 crore Scam).
    7. Akshaya gold (200 crores Scam).

    Chit fund scams, bank scams, unincorporated deposit-taking institutions, backdoor institution admissions, economic offences, fake certification racket, inferior sort of agreement works– to name a few, are a few of the white-collar offences ruling the roost now– thanks to the people’s lack of commonsense in reasoning their reliability. Exactly what matters to most consumers is the momentary delight that they would get a ‘good’ interest rate for their deposits, not realizing the shock they get when schemes operators run away.

    To get their business going these “companies” too sustain their promises and when the ‘big time’ comes, they call it a day. In spite of increase in such types of offences, the police records do not mirror the ground truth. This has been credited to the reality that most of the victims do not come forward to lodge a grievance, because of the long procedures of probe involved.

    To plug spread of such offences, the Reserve Bank of India, had in February 1984, made it necessary that RBI clearance certificate, for starting such institutions, should be published along with the ad and prospectus released by them in leading news dailies. However none of them appear to comply with this order. Under chapter III C, Section 45 S (I) of the modified RBI Act, non-banking institutions, which are not corporate bodies, are forbidden from accepting deposits. With the mushrooming of unincorporated finance bodies, the RBI in 1987 has written to all the State governments to instruct their district and police authorities to make sure effective enforcement and prosecution in suitable cases.

  • Finance Ministry for Changes in Prize Chits & Money Circulation Act

    Finance Ministry for Changes in Prize Chits & Money Circulation Act

    The department of financial services has proposed modifying the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 to make inducement to individuals for signing up with MLM pyramid, Ponzi or cumulative investment schemes an offence to plug loopholes in money churning tasks of business.

    The division under the finance ministry has proposed to place a brand-new section 3A in the Act with a change Bill for this function.

    The existing provisions of the Act ban various deceitful schemes and anyone breaching the provision is liable to be put on trial and penalized. However, it is possible that marketers of an illegal fund can take up a stand that the scheme is of a business entity which they are simple teams, who are exempt for the acts of the entity.

    To plug this loophole, the new section will ensure that individuals who are marketers in such schemes are individually prosecuted and punished if they fraudulently or dishonestly cause persons to register for or participate in such schemes.

    Besides Chits Act and Sebi Act, these schemes are presently covered under the RBI Act, 1934, the Companies Act, 1956, and state laws for protection of interest of depositors in the financial facility.

    The Chits Act covers prize chits and money circulation schemes, but there is no particular reference to multi-level marketing(mlm) schemes for items and services in the Act.

    There are particular company entities, which introduce schemes for appointing selling representatives for their items and collect registration charges from them with a more requirement that such agents have to designate even more representatives gathering registration charges from them. The reimbursement paid to the offering agents includes a share in the registration costs gathered from the new selling agents joining the scheme. Such schemes are referred to as pyramid, Ponzi or multi-level advertising and marketing schemes.