Category: bankruptcy
Govt suspends initiation of corporate insolvency resolution process of corporate debtor for a further period of three months from 25.09.2020 MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 24th September, 2020 S.O. 3265(E).—In exercise of the powers conferred by section 10A of the Insolvency and Bankruptcy Code, 2016 …
Use of Caveats, Limitations and Disclaimers by the Registered Valuers in Valuation Reports – IBBI Guidelines The IBBI has issued Guidelines called the Insolvency and Bankruptcy Board of India (Use of Caveats, Limitations, and Disclaimers in Valuation Reports) Guidelines, 2020. The Guidelines are issued in exercise of the …
Payment received for shares, duly issued cannot be a debt under Insolvency and Bankruptcy Code. Personal loan to Promoter/Director cannot trigger CRIP -SC ABACUS Case Law CitationABCAUS 3375 (2020) (08) SC Important case law relied upon by the parties:Innoventive Industries Ltd. v. ICICI Bank and Anr.B. K. Educational …
IBBI bans Insolvency Professional for three months for appointing unregistered valuer ABACUS Case Law CitationABCAUS 3372 (2020) (08) IBBI In a recent case, Disciplinary Committee of IBBI has banned an Insolvency Professional for a period of three months for appointing unregistered valuer Under regulation 27 of the corporate …
Limitation period for making application for initiation of CIRP is three years from date of default. IBC not a money recovery legislation for creditors – SC ABACUS Case Law CitationABCAUS 3365 (2020) (08) SC Important case law relied upon by the parties:B. K. Educational Services Pvt. Ltd. vs. …
Three Insolvency Professionals offered by interim resolution professional must be from the State/UT which has highest number of creditors. IBBI (Insolvency Resolution Process for Corporate Persons) (4th Amendment) Regulations, 2020. The Insolvency and Bankruptcy Board of India (IBBI) notified the Insolvency and Bankruptcy Board of India (Insolvency Resolution …
Determination of Liquidator Fee where realised amount not distributed or amount distributed but not realised Determination of Liquidator Fee IBBI (Liquidation Process) Regulations, 2016 require the committee of creditors to fix the fee payable to the liquidator. Where the fee has not been fixed by the committee of …
Corporate person may replace liquidator in voluntary liquidation process by appointing another insolvency professional. The Insolvency and Bankruptcy Code, 2016 enables a corporate person to initiate voluntary liquidation process if it has no debt or it will be able to pay its debts fully from the proceeds of …
Useful and important judgments for Insolvency Professionals conducting Liquidation Process giving Significant directions and observations Insolvency and Bankruptcy Board of India (IBBI) has issued a communication consisting of significant directions and observations derived from the judgments of the Adjudicating Authority (AA), the National Company Law Appellate Tribunal (NCLAT), …
LLP, registered partnership firm/company to be recognised as an insolvency professional entity only if their sole objective is to provide support services to IPs INSOLVENCY AND BANKRUPTCY BOARD OF INDIA NOTIFICATION New Delhi, the 30th June, 2020 Insolvency and Bankruptcy Board of India (Insolvency …
