Supreme Court: Compassionate Appointees Cannot Later Claim Entitlement to a Higher Post  ||  NCLAT New Delhi: Insolvency Pleas Cannot Be Admitted When Information Utility Records Show a Dispute  ||  NCLAT: Issuing Cheques For Another Entity’s Liabilities Does not Constitute Operational Debt  ||  NCLAT: SEBI Penalties Imposed After Liquidation Begins are Not Admissible as Claims  ||  NCLT Reiterates That an Auction Purchaser is Not Liable For a Corporate Debtor’s Electricity Dues  ||  Delhi HC Upholds Interim Injunction Against 'Power Flex' in Bata’s Trademark Infringement Case  ||  Calcutta High Court: Mere Presence of Alcohol in Post-Mortem Cannot Bar Compensation to Heirs  ||  Kerala High Court: Review Petition Cannot Be Entertained Against an Order Refusing Arbitration  ||  J&K High Court: Umadevi Judgment Does not Justify Perpetual Temporary Employment  ||  SC: Public Premises Act Prevails over State Rent Laws For Evicting Unauthorised Occupants    

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 2025 - All Rights Reserved