bankruptcy

Temporary Surrender and Revival of Professional Membership of Insolvency Professional-Circular

Temporary Surrender and Revival of Professional Membership of Insolvency Professional-Circular

Insolvency and Bankruptcy Board of India

7th Floor, Mayur Bhawan, Connaught Place, New Delhi – 110001

CIRCULAR

No. IBBI/IP/021/2019

2nd May, 2019

To

All Registered Insolvency Professionals
All Recognised Insolvency Professional Entities
All Registered Insolvency Professional Agencies
(By mail to registered email addresses and on website of the IBBI)

Dear Madam / Sir,

Sub: Temporary Surrender and Revival of Professional Membership of an Insolvency Professional.

Regulation 10 of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 (IP Regulations) read with clause 26 of the Schedule to the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016 (Model Bye-Laws Regulations) provide for temporary surrender and revival of professional membership by an Insolvency Professional (IP).

2. Temporary surrender of professional membership creates inconveniences where the IP is:

(a) conducting a process – corporate insolvency resolution, corporate liquidation, individual insolvency resolution and individual bankruptcy – under the Code;

(b) is acting as an authorised representative representing any class of financial creditors;

(c) is included in the panel under ‘Insolvency Professionals to act as Interim Resolution Professionals or Liquidators (Recommendation) Guidelines, 2018’ or similar Guidelines,

(d) is included in the panel under ‘the Guidelines for Appointment of Insolvency Professionals as Administrators under the Securities and Exchange Board of India (Appointment of Administrator and Procedure for Refunding to the Investors) Regulations, 2018’ or similar Guidelines; or

(e) is acting as an Administrator under ‘the Guidelines for Appointment of Insolvency Professionals as Administrators the Securities and Exchange Board of India (Appointment of Administrator and Procedure for Refunding to the Investors) Regulations, 2018’ or similar Guidelines.

3. It is, therefore, advised that the Insolvency Professional Agency (IPA) shall not ordinarily accept temporary surrender of professional membership of an IP in cases under Para 2.

4. It is further advised that the following forms may be used to process acceptance of temporary surrender and revival of professional membership of an IP:

a. Form A: Application by an IP to IPA for temporary surrender;

b. Form B: Intimation to the Board on acceptance of temporary surrender by the IPA;

c. Form C: Letter of acceptance of temporary surrender by the IPA to IP;

d. Form D: Application by an IP for revival of his professional membership;

e. Form E: Intimation to the Board on revival of professional membership by the IPA; and

f. Form F: Letter of revival of professional membership by the IPA to IP.

5. This circular is issued in exercise of the powers conferred under clause (aa), (g) and (p) of sub-section (1) of section 196 of the Insolvency and Bankruptcy Code, 2016 in consultation with the Insolvency Professional Agencies.

Yours faithfully,

-Sd-
(Dilip Arjun Khandale)
Deputy General Manager
dilip.khandale@ibbi.gov.in

Encl.: Annexure I – VI for Form A – F

Share

Recent Posts

  • Income Tax

Heavy rains & yellow alert was a valid reason for ITAT to allow adjournment

Heavy rains & yellow alert was a valid reason for ITAT to consider adjournment application In a recent judgment High…

1 hour ago
  • bar-council

Bar Council of India notifies Rules on Enrolment and Practice of Foreign Nationals

Bar Council of India Rules on Enrolment and Practice of Foreign Nationals, 2025 Bar Council of India has notified Rules…

4 hours ago
  • GST

When e-way bill generated prior to detention order, there was no intention to evade tax

When e-way bill generated prior to detention order, there could not be an intention to evade payment of tax. In…

6 hours ago
  • Income Tax

Once AO accepts books of account, he cannot treat a part of sale as unexplained – ITAT

Once the AO has accepted the trading results, he cannot thereafter selectively treat a part of the sale proceeds as…

7 hours ago
  • Income Tax

Assessment was void as instead of notice u/s 148 AO issued notice u/s 142(1)

Assessment framed u/s 144 by issue of notice u/s 142(1) was void as time limit for filing ITR u/s 139(4)…

9 hours ago
  • CA CS CMA

CA accused of forgery by advising investment in a firm gets bail by Allahabad High Court

Chartered Accountant accused of forgery and misappropriation of fund by advising investment in a particular firm gets bail  In a…

23 hours ago