Category: bankruptcy

President Approves Promulgation of the Insolvency and Bankruptcy Code Amendment Ordinance 2018.

President Approves Promulgation of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018.  The President today gave assent to promulgate the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018. The Ordinance provides significant relief to home buyers by recognizing their status as financial creditors.  This would give them due representation in …

Uploading E-forms on MCA 21 Portal not experience in management for registration as Insolvency Professionals

Uploading E-forms on MCA 21 Portal not experience in management for registration as Insolvency Professionals as required under IBBI (Insolvency Professionals) Regulations 2016 ABCAUS Case Law Citation ABCAUS 2347 (2018) 05 IBBI In terms of regulation 5(b) of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, …

Monitoring the performance of insolvency professionals under the Insolvency and Bankruptcy Code, 2016 -Discussion Paper

Monitoring the performance of insolvency professionals under the Insolvency and Bankruptcy Code, 2016 and the regulations made thereunder Insolvency And Bankruptcy Board Of India (IBBI) has brought a discussion paper on the subject of monitoring the performance of insolvency professionals  under the Code. The discussion paper is limited to …

Commencement of Disciplinary Proceeding under the Insolvency and Bankruptcy Code 2016-clarification

Commencement of Disciplinary Proceeding under The Insolvency and Bankruptcy Code 2016-clarification by IBBI The Insolvency and Bankruptcy Code, 2016 (Code) envisages that an insolvency professional may be appointed as interim resolution professional, resolution professional, liquidator, or a bankruptcy trustee if no disciplinary proceeding is pending against him.  The …

Resolution professional not require approval of shareholders of the corporate debtor for insolvency resolution process

Resolution professional doesn’t require nod of shareholders/members for insolvency resolution  Ministry vide its circular no. IBC/01/2017 dated 25.10.2017 clarified that Section 30 and 31 of the Code provide a detailed procedure from the time of receipt of resolution plan by the resolution professional to its approval by the …