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

  • GST

ITC can’t be denied on ground that supplier’s registration was cancelled subsequently

ITC can’t be denied on ground that supplier’s registration was cancelled subsequently when supplier had filed GSTR-1 and GSTR-3B for…

12 hours ago
  • Income Tax

Amount of Rs. 6 lakh claimed as gift received from parents in law not unreasonably high – ITAT

Amount of Rs. 6 lakh claimed to have been received as gift from parents in law not an excessively or…

14 hours ago
  • GST

GST exemption upheld on renting of residential dwelling as hostel to students & professionals

Assessee was entitled to GST exemption on renting of residential dwelling as hostel to students and working professionals In a…

16 hours ago
  • RBI

RBI increases number of free and basic minimum facilities in BSBD accounts

RBI increases number of basic minimum facilities to be offered in a Basic Savings Bank Deposit (BSBD) account, free of…

18 hours ago
  • Income Tax

Imparting education in gemmology, jewellery arts, designs qualifies for exemption u/s 11

Conducting courses in gemmology, jewellery arts, jewellery design amounts to imparting of education entitling assessee benefit of exemption u/s 11…

21 hours ago
  • GST

Special procedure under Delhi GST Act for rectification of order for wrong ITC availment

Special procedure notified under Delhi GST Act 2017 for rectification of order confirming demand for wrong availment of ITC. Lt.…

23 hours ago