Indusfood Manufacturing 2026 & FoodTech 4.0 Opens at Yashobhoomi (See 'Corp Brief') CCI approves acquisition of Krosaki Harima Corporation by Nippon Steel (See 'Corp Brief') A&C - Right to object to appointment of ineligible arbitrator cannot be taken away by mere implication: SC (See 'Legal Desk') CCI okays acquisition of additional shareholding in Roppen Transportation by MIH Investments (See 'Corp Brief') Ministry of I&B's WaveX signs MoU with FITT-IIT Delhi to boost Innovation (See 'Corp Brief') A&C - Conferment of jurisdiction on specific court or creation of public forum, though eminently significant, may not be decisive test to answer and decide whether arbitrability is impliedly barred: SC (See 'Legal Desk') Working Group discusses Regional Language AI Infrastructure and Reimagining AI Education (See 'Corp Brief') Pax Comfort and Safety enhanced with better Stations: Railways (See 'Corp Brief') IPR - Gaay Chhap had shown prior and continuous use of its marks and made out strong prima facie case of trademark infringement and passing off: HC (See 'Legal Desk') IBBI Chairperson launches IICA PGIP program Website (See 'Corp Brief') Yadav reviews Action Plans of Rajasthan and Punjab to tackle Air Pollution (See 'Corp Brief') IPR - Even if trademark is accepted and advertised and, thereafter, no objection was filed against same, Sec 19 of Trade marks Act empowers Registrar to withdraw acceptance given to said Mark before its registration: HC (See 'Legal Desk') SAIL records Highest-Ever December Sales (See 'Corp Brief') Rajiv Ranjan Singh inaugurates Smart Green Aquaculture Farm (See 'Corp Brief') PMLA - It is not the case of the respondent that the petitioner at any point of time was an accused in the investigation or he was evading arrest - Essential requisites of s.73 of CrPC not met - Non-bailable warrants issued stand cancelled: HC (See 'Legal Desk') Railways utilises 80 Percent of CAPEX in First Three Quarters (See 'Corp Brief') Ships built by GSL & other yards are floating symbols of India's sovereignty: RM (See 'Corp Brief') Misc - A litigant cannot be placed in a situation where a statutory right of appeal is rendered illusory on account of procedural or administrative impediments: HC (See 'Legal Desk') Govt announces relaxation for Deep-Tech Startups for DSIR recognition (See 'Corp Brief') ICAR directed to set up laboratory for turmeric testing in Erode (See 'Corp Brief') SEBI - Levy of penalty shall commensurate to disproportionate gain or unfair advantage or loss caused to investor: SEBI (See 'Legal Desk') Fixed-Term Employment fixed under New Labour Codes (See CORP EINSICHT) Competition Law - When opposite party is not dominant in relevant market, question of abuse of dominant position u/s 4 of Competition Act does not arise: CCI (See 'Legal Desk') NTPC Western Region-I signs MoA with Gujarat Cancer & Research Institute (See 'Corp Brief') PMLA - COVID-19 limitation extension was intended to cover all proceedings, including those under PMLA: SAFEMA (See 'Legal Desk') Coal Output surges as Captive and Commercial Mines Perform Strongly (See 'Corp Brief') IBC - Non- stamping or insufficient stamping of one of documents relied upon by creditor does not impede initiation of insolvency resolution process, which differs from enforcement action: NCLT (See 'Legal Desk') National Textiles Ministers' Conference to be held in Guwahati (See 'Corp Brief') IBC - Penalty can be levied if lapses demonstrated non-compliance with statutory and regulatory obligations incumbent on IP, undermining interests of stakeholders and integrity of insolvency process: IBBI (See 'Legal Desk')

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.