CSR Conclave: 'Empowering Tribals through CSR' (See 'Corp Brief') CSIR & MEA jointly host Ambassadors from Global South (See 'Corp Brief') Nadda reaffirms India's Commitment to Eliminate TB Ahead of Global Targets (See 'Corp Brief') Ministry of Ayush and DBT announce collaborative Clinical Study on Ayurveda (See 'Corp Brief') IBC - Issues of fraud or existence of debt must be decided by insolvency tribunal, not civil court: HC (See 'Legal Desk') RBI strengthens Framework on Unauthorised Electronic Banking Transactions (See 'Corp Brief') Govt expands DEH Initiative to Boost District-Level Export Competitiveness (See 'Corp Brief') DPIIT signs MoU with leading AC company to strengthen manufacturing ecosystem (See 'Corp Brief') Two-Day Eastern Region Review Meeting of CGCA concludes (See 'Corp Brief') IPR - Minor variations in product that do not alter essential mode of operation of patented invention are considered mere engineering variations: HC (See 'Legal Desk') Paatil calls for 'Jan Bhagidari' to strengthen Water Conservation Efforts (See 'Corp Brief') IICA successfully concludes 4th Batch of Directors' Certification in Corporate Governance (See 'Corp Brief') Ministry of MSME assisting entrepreneurs in setting up of new micro enterprises (See 'Corp Brief') COFEPOSA - Dispute over rent or mesne profits for immovable property leased for commercial purposes is 'commercial dispute': HC (See 'Legal Desk') Amendments to Banking Regulation Act and MSCS Act, 2002 enhance oversight & accountability (See 'Corp Brief') MY Bharat mobilises Youth across 763 Districts for Shaheed Diwas Padyatra (See 'Corp Brief') PMLA - Even property acquired prior to commission of crime can be provisionally attached finding it falling in definition of 'proceeds of crime': SAFEMA (See 'Legal Desk') Ministry of Mines to launch 7th Tranche of Auction of Critical and Strategic Minerals (See 'Corp Brief') Jal Mahotsav 2026 gives momentum to 'Jal Sanchay se Jan Bhagidari' (See 'Corp Brief') Ministry of Mines to organise National DMF Summit 2026 (See 'Corp Brief') PMLA - High Court of Delhi lacked territorial jurisdiction to hear appeal filed against Appellant based in Kolkata; GST registration at Delhi, occasional hearings before Delhi Bench of NCLT do not establish that appellant ordinarily operates in Delhi: HC (See 'Legal Desk') Union Minister chairs 90th Meeting of Standing Committee of National Board for Wildlife (See 'Corp Brief') India achieves 1 billion Tonne Coal Production Milestone Again (See 'Corp Brief') Capital Market - SEBI's regulations are framed to protect rights of stakeholders in securities market, and violation of its regulations being matter of public law, can't be condoned by private resolution of shareholders: SC (See 'Legal Desk') PDUNASS conducts DoPT-Sponsored Training Programme (See 'Corp Brief') Govt introduces Credit Guarantee Scheme for Microfinance Institutions-2.0 (See 'Corp Brief') 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.