NCLAT: Resolution Plan Approved by Committee of Creditors is Binding on All Stakeholders  ||  NCLAT: In Case of Personal Guarantor, Date of Default Depends on Contract of Guarantee’s Terms  ||  Cal. HC: Cannot Label Regulatory Measures Under GST Act as Violative of Fundamental Right to Trade  ||  Cal. HC: Cannot Label Regulatory Measures Under GST Act as Violative of Fundamental Right to Trade  ||  Gau HC: Genuineness of Credit Recd by Assessee from Share Appli. Money is a Question of Fact Not Law  ||  SC: For Central Excise Tariff Act, Coconut Oil in Small Quantities Classifiable as ‘Edible Oil’  ||  SC: Court Ordering Re-Investigation Against Acquitted Accused Violates Principle of Double Jeopardy  ||  SC Urges Parliament to Secure Right of Survivorship of Tribal Women  ||  SC: NCR States to Form Teams to Monitor Compliance of GRAP Measures  ||  SC: Beneficial Laws for Women are Not Means to Chastise, Threaten the Husband    

IBBI amends the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 - (08 Apr 2022)

Insolvency

The Insolvency and Bankruptcy Board of India notified the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) (Amendment) Regulations, 2022 (Amendment Regulations) on 05th April, 2022. The Insolvency and Bankruptcy Code, 2016 read with Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 provide mechanism for voluntary liquidation of solvent corporate person.

It has been noticed that, there has been substantial delay in completion of voluntary liquidation process, though the process, in general, involve nil or negligible claims of creditors, fewer assets, if any, to be realized and few litigations, if any, to be concluded. To curtail such delay and ensure faster exit for firms, the Amendment Regulations modify timelines for some stipulated activities undertaken during the process as under:

• The liquidator shall prepare the list of stakeholders within fifteen days (against the previously stipulated forty-five days) from the last date for receipt of claims, where no claim from creditors has been received till the last date for receipt of claims.

• The liquidator shall distribute the proceeds from realization within thirty days (against the previously stipulated six months) from the receipt of the amount to the stakeholders.

• It has been further provided that, the liquidator shall endeavour to complete the liquidation process of the corporate person within two hundred and seventy days from the liquidation commencement date, where the creditors have approved the resolution under section 59(3)(c) or regulation 3(1)(c), and ninety days from the liquidation commencement date in all other cases (against the previously stipulated 12 months in all situations).

To provide summary of actions taken by the liquidator during the voluntary liquidation process, the Amendment Regulations specify a compliance certificate which is required to be submitted along with application under Section 59(7) to the Adjudicating Authority, by the liquidator. It shall facilitate the Adjudicating Authority to adjudicate dissolution applications expeditiously.

Tags : AMENDMENT   REGULATION   LIQUIDATION PROCESS  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved