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- Strike off by way of filing application by the Company under Section 248
- By ROC itself under Section 248 of the Act; and 2
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What are the key legislative and regulatory provisions relating to bribery and corruption in your jurisdiction
Criminal cases in Luxembourg can be settled out of court by way of jugement sur accord, which is similar to a plea agreement. The practice is relatively new and therefore not as common as in common law countries.
Whistleblowing has recently become an important topic in Luxembourg due to the Lux Leaks trial, in which employees of one of the Big Four accounting firms leaked confidential information about Luxembourg’s tax rulings to the public. The final outcome of this process will help to define the boundaries and scope of Luxembourg’s whistleblowing legislation.
The consequences of this verdict are still unclear, but the trial’s outcome is likely to have major national – and possibly international – consequences for Luxembourg businesses and businesses registered in Luxembourg more generally. The accounting firm immediately issued a press release which stated that it will continue to protect the confidentiality of its documents and files.
May order the name of the company to be restored to the register of companies. Further, the Tribunal may also pass an order and give such other directions and make such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies.
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The term ‘whistleblowing’ recently gained importance in Luxembourg due to the so-called ‘Lux Leaks trial’, in which employees from one of the Big Four accounting firms leaked confidential information about Luxembourg’s tax rulings to the public, which was then reported by a journalist. The confidential information revealed the specific tax arrangements of major global companies.
Key changes from the earlier FTE
However, whistleblowing remains a challenging issue. The Article 29 working group’s most recent provisions and recommendations are almost 10 years old. Further, the scope of this working group is limited to banking, accounting and internal and external auditing.
Companies must provide clear structures and provisions to guarantee employees their rights to report possible offences. A clear compliance policy must be established at the permanent and discrete disposal of employees who want to report an offence or fault internally.
E) Public notice by ROC: after filing application for strike off by the company, the ROC shall publish a public notice in Form STK-6 inviting objections to the proposed Strike off, if any. The objections are to be sent to the respective ROC within thirty days from the date of publication. The notice shall be placed on the website of Ministry of Corporate Affairs, published in the Official Gazette and published in a leading English newspaper and at least in one vernacular newspaper where the registered office of the company is situated.
India: Comprehensive Analysis Of Strike Off Under Companies Act, 2021
As far as is known, self-reporting is not a common practice in Luxembourg and there are no provisions in that regard. However, under Luxembourg law it is possible to negotiate a plea agreement.
The Ministry of Corporate Affairs ("MCA") vide Notification1 dated 26/12/2021 notified Section 248 to 252 of the Companies Act, 2021 ("Act") and revised the process of striking off the name of the company from the register of companies maintained by the Registrar of Companies ("ROC"). The procedure of strike off the name of company through the Fast Track Exit ("FTE") mode under the provisions of section 560 of the Companies Act, 1956 stands revised and accordingly, the "Strike Off" mode was introduced by the MCA vide said notification. The provisions relating to Strike Off provide an opportunity to the defunct companies to get their names struck off from the records of the ROC.
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B) Representation of Company: The ROC shall consider the representation of the Company if it has received the same. If the ROC is not satisfied with the representation made by the company and its directors, it may proceed further for the strike off the name of company.