BASICS OF INTERNAL INVESTIGATION | LAWWISER | #QUICKBYTES

03/08/2023 Corporate & Commercial, Intellectual Property, Labour & Employment By LawWiser
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We have often heard the term internal investigations. In this video, let’s understand what does that mean and some basic information related to it.

Internal investigation is a formal inquiry conducted within a organisation. These are basically conducted to confirm or refute suspected wrongdoing within the company. Through these investigations it is check if any laws, regulations or any internal policies have been violated.

 

It has become a necessity to conduct proper investigations for global companies with rise in such offences.

Some of the most common forms of potential wrongdoing in the workplace that leads to investigations are –

Violating workplace policies, committing fraud, employment disputes, theft, getting involved in unfair competition, embezzlement, doing harassments, legal or regulatory violations, discrimination, doing misconduct and much more.

 

The process involved in conducting internal investigation involves – Planning, selection of a responsible team, data collection & review and then finally presenting investigation report.

 

But for conducting a proper investigation one must keep in mind- the purpose and goal for conducting that particular investigation within the organisation, main issues and questions arisen out of dispute, possible evidences and a process to preserve , collect & analyse such evidence, understanding the relevant laws and company policies involved, tools and resources needed and also the timeline for conducting it.

 

Selecting proper investigation teams with prior experience is also very crucial. Some of the teams involved in internal investigations are-

Internal Human Resources Team, Internal compliance and security teams, In-house legal teams and others.

There are several authorities that deal with such investigations that involves white collar crimes and corruption.

 

The Serious Fraud Investigation Office (“SFIO”) constituted under the Ministry of Corporate Affairs, is the pioneer in conducting investigations in cases of fraud in companies. The SFIO would commence an investigation: on the report of the Registrar; in matters involving public interest; on request by the State/Central Government or any department thereof; on a special resolution being passed by a company necessitating the fact that the affairs of the company required investigation.

 

Additionally, there are several other regulators and authorities statutorily empowered to conduct investigations, some of which are enlisted below: Securities and Exchange Board of India, which regulates the securities market. Central Vigilance Commission under the Prevention of Corruption Act.

 

Additionally, there are several other regulators and authorities statutorily empowered to conduct investigations- Securities and Exchange Board of India, which regulates the securities market. Central Vigilance Commission under the Prevention of Corruption Act.

 

Stay Tuned!

 

We have more videos lined up surrounding internal investigations.

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