Insolvency & Bankruptcy Application to Adjudicating Authority Amendment Rules 2019. Changes to Form-1 & Form-5 Applications by financial/operational creditor
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 14th March, 2019
G.S.R. 222(E).— In exercise of the powers conferred by clauses (c), (d), (e) and (f) of sub-section (1) of section 239 read with sections 7, 8, 9 and 10 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Central Government hereby makes the following rules to amend the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules 2016, namely:-
1. (1) These rules may be called the Insolvency and Bankruptcy (Application to Adjudicating Authority) Amendment Rules, 2019.
(2) These rules shall come into force from the date of their publication in the Official Gazette.
2. In the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016,-
(a) in Form 1,-
(i) for the heading, the following heading shall be substituted, namely:-
“APPLICATION BY FINANCIAL CREDITOR(S) TO INITIATE CORPORATE INSOLVENCY RESOLUTION PROCESS *UNDER CHAPTER II OF PART II/ UNDER CHAPTER IV OF PART II OF THE CODE
[*strike out whichever is not applicable]”;
(ii) in Part-II, after serial number 5, the following shall be inserted, namely:-
|
DETAILS OF THE CORPORATE DEBTOR AS PER THE NOTIFICATION UNDER SECTION 55 (2) OF THE CODE – (i) ASSETS AND INCOME |
(b) in Form 5,-
(i) for the heading, the following heading shall be substituted, namely:-
“APPLICATION BY OPERATIONAL CREDITOR (S) TO INITIATE CORPORATE INSOLVENCY RESOLUTION PROCESS *UNDER CHAPTER II OF PART II/ UNDER CHAPTER IV OF PART II OF THE CODE
[*strike out whichever is not applicable]”;
(ii) in Part-II, after serial number 7, the following shall be inserted, namely:-
|
DETAILS OF THE CORPORATE DEBTOR AS PER THE NOTIFICATION UNDER SECTION 55 (2) OF THE CODE – (i) ASSETS AND INCOME |
(c) in Form 6,-
(i) for the heading, the following heading shall be substituted, namely:-
“APPLICATION BY CORPORATE APPLICANT TO INITIATE CORPORATE INSOLVENCY RESOLUTION PROCESS *UNDER CHAPTER II OF PART II/ UNDER CHAPTER IV OF PART II OF THE CODE
[*strike out whichever is not applicable]”;
(ii) in Part-I, after serial number 8, the following shall be inserted, namely:-
|
DETAILS OF THE CORPORATE DEBTOR AS PER THE NOTIFICATION UNDER SECTION 55 (2) OF THE CODE – (i) ASSETS AND INCOME |
[F. No. 30/20/2018-Insolvency]
GYANESHWAR KUMAR SINGH, Jt. Secy.
Note: The Principal Rules were published in the Gazette of India, Part II, Section 3, Sub-section (i) vide G.S.R 1108(E) dated the 30th November, 2016.
ITAT power to pass such orders "as it thinks fit" implies a judicial discretion to be exercised within the parameters…
Mere non-deduction of TDS by the deductor on a transaction does not change the character of the transaction to make…
ICAI has extended the last date to online submit Multipurpose Empanelment Form (MEF)- 2026-27 from 29th August 2026 to 9th…
Can a demand notice be issued u/s 156 for non-payment of Dividend tax u/s 115-O, when as per assessment order…
The issue already examined and adjudicated by the quasi-judicial authority, i.e., CIT(Appeals), cannot be reopened on the same set of…
One TDS is deducted, credit has to follow, failure of deductor to deposit the amount to the credit of the…