India Pharma 2026: Spotlight on Policy, Regulation, AI and CRDMO (See 'Corp Brief') MY Bharat Budget Quest 2026 reaches Grand Culmination Across 17 Zones (See 'Corp Brief') IBC - Multi-state co-operative society can invest in another company, including as resolution applicant under IBC, only if target company is either its subsidiary or engaged in same line of business: SC (See 'Legal Desk') India Pharma highlights Policy Push and Innovation Driving Sectoral Growth (See 'Corp Brief') IBC - Once moratorium is imposed, corporate debtor's pre-CIRP dues cannot be set off against deposit held by creditor: SC (See 'Legal Desk') Ministry of Labour signs MoUs with Porter and Gigin Technologies (See 'Corp Brief') FEMA - SCNs alleging contravention of provisions of FERA merit being quashed, where issued after unjustified delay of 7-10 years, more so where record retention norms generally require preservation for 5-8 years: HC (See 'Legal Desk') Medicine is not just profession, it is a commitment to service of humanity: Murmu (See 'Corp Brief') Misc - Once Freezing Authority identifies properties and forms opinion that they are acquired from illicit source of money derived from drug trafficking, burden of proof shifts entirely onto affected persons to controvert allegations: SAFEMA (See 'Legal Desk') Union Minister jighlights Nari Shakti Vandan Adhiniyam as Transformative Reform (See 'Corp Brief') Bizu Festival Celebrations highlight Cultural Pride and Policy Dialogue on Tribal Development (See 'Corp Brief') India, Kuwait emphasize Dialogue Over Conflict to Secure Energy and Trade Supplies (See 'Corp Brief') Misc - There is no right in borrower to personal hearing by banks before classifying their account as fraud account: SC (See 'Legal Desk') Manohar Lal holds Key Engagements on Infrastructure and Development Cooperation (See 'Corp Brief') CARI Bengaluru gets ISO 15189:2022 Accreditation in Biochemistry (See 'Corp Brief') NI Act - At stage of issuance of process, statutory presumption u/s 139 of NI Act cannot be dislodged in summary manner merely by contending that cheque issued was not for legally enforceable debt: SC (See 'Legal Desk') Barabanki to Bahraich Highway to become Key Cross-Border Trade Lifeline (See 'Corp Brief') Advanced Agriculture fest kicks off in Raisen in MP (See 'Corp Brief') PMLA - Sec 2(1)(u) permits attachment of any property of equivalent value, including properties acquired prior to commission of scheduled offence, which are untraceable: SAFEMA (See 'Legal Desk') NTWB welcomes Jan Vishwas Amendments (See 'Corp Brief') IPR - Controller of Patent would decide whether differences, viewed in knowledge of alleged invention, constitute steps which would have been obvious to ordinary person skilled in art and rule out hindsight approach: HC (See 'Legal Desk') Anand Kumar Pal joins MoF as Chief Cost Adviser (See 'Corp Brief') IPR - Generic disclosure does not, by itself, defeat novelty of specific disclosure; Prior art that teaches away from claimed invention cannot serve as foundation for anticipation: HC (See 'Legal Desk') India-GCC reaffirms commitment to Regional Stability (See 'Corp Brief') IPR - Prior user of trademark has superior rights over subsequent user who holds registration for same or similar mark: HC (See 'Legal Desk') India-Bahrain stresses stability, Supply Chain Resilience and Stronger Economic Ties (See 'Corp Brief') Company Law - Sourcing pre-condition deposit unlawfully from corporate funds in direct violation of Sec 185, or executing settlement agreements without effectuating actual refunds or delivering legally valid & habitable possession, is illegal: SC (See 'Legal Desk') Supreme Court Clears Path For Single Insolvency Proceedings Against Linked Group Companies (See CORP EINSICHT)

Print

Bankruptcy Board amends Insolvency Resolution Process Regulations, 2016

Published: Jul 21, 2021

By TIOLCORPLAWS News Service

NEW DELHI, JULY 21, 2021: THE Insolvency and Bankruptcy Board of India (IBBI) notified the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations, 2016 on 14th July, 2021.

The amendment regulations enhance the discipline, transparency, and accountability in corporate insolvency proceedings:

A corporate debtor (CD) may have changed its name or registered office address prior to commencement of insolvency. The stakeholders may find it difficult to relate to the new name or registered office address and consequently fail to participate in the CIRP. The amendment requires an insolvency professional (IP) conducting CIRP to disclose all former names and registered office address(es) so changed in the two years preceding the commencement of insolvency along with the current name and registered office address of the CD, in all its communications and records.

The interim resolution professional (IRP) or resolution professional (RP) may appoint any professional, including registered valuers, to assist him in discharge of his duties in conduct of the CIRP. The amendment provides that the IRP/RP may appoint a professional, other than registered valuers, if he is of the opinion that the services of such professional are required and such services are not available with the CD. Such appointments shall be made on an arm's length basis following an objective and transparent process. The invoice for fee shall be raised in the name of the professional and be paid into his bank account.

The RP is duty bound to find out if a CD has been subject to avoidance transactions, namely, preferential transactions, undervalued transactions, extortionate credit transactions, fraudulent trading and wrongful trading, and file applications with the Adjudicating Authority seeking appropriate relief. This not only claws back the value lost in such transactions increasing the possibility of reorganisation of the CD through a resolution plan, but also disincentivises such transactions preventing stress to the CD. For effective monitoring, the amendment requires the RP to file Form CIRP 8 on the electronic platform of the Board, intimating details of his opinion and determination in respect of avoidance transactions. The IBBI has specified the format of CIRP 8 through a Circular issued yesterday. This Form needs to be filed in respect of every CIRP ongoing or commencing on or after 14th July, 2021.

TIOL CORP SEARCH

TIOL GROUP WEBSITES

taxindiaonline
taxindiainternational
tioltube
TKF
TIOLawards
A TIOL Website. Copyright © 2025 TIOLcorplaws.com All rights reserved.