Kerala HC: Revisional Power U/S 263 Not Invocable When AO Grants Sec 32AC Deduction After Inquiry  ||  J&K&L HC: Section 359 BNSS Doesn’t Limit High Court’s Inherent Power U/S 528 to Quash FIRs  ||  Bombay HC: BMC Ban on Footpath Cooking via Gas/Grill Doesn’t Apply to Vendors Using Induction  ||  Madras HC: Buyer Not Liable for Seller’s Tax Default; Purchase Tax Can’t Be Imposed under TNGST Act  ||  Kerala HC: Oral Allegations Alone Insufficient to Sustain Bribery Charges Against Ministers  ||  Delhi HC: CCI Cannot Levy Interest Retrospectively Before Valid Service of Demand Notice  ||  Delhi HC: VC Rules Don’t Shield PMLA Accused From Physically Appearing Before ED in Probe  ||  SC: If Complaint Reveals Cognizable Offence, Magistrate May Order FIR Registration U/S .156(3) CrPC  ||  SC: Private Buses Can’t Operate on Inter-State Routes Overlapping Notified State Transport Routes  ||  Delhi HC: Writ Petition Not Maintainable Against Provisional Attachment When PMLA Remedy Exists    

IBBI amends the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 - (07 Jan 2020)

Insolvency

The Insolvency and Bankruptcy Board of India (IBBI) notified the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020 on 6th January 2020. The amendment clarifies that, a person, who is not eligible under the Code to submit a resolution plan for insolvency resolution of the corporate debtor, shall not be a party in any manner to a compromise or arrangement of the corporate debtor under Section 230 of the Companies Act, 2013. Further, a secured creditor cannot sell or transfer an asset, which is subject to security interest, to any person, who is not eligible under the Code to submit a resolution plan for insolvency resolution of the corporate debtor.

The amendment provides that a secured creditor, who proceeds to realise its security interest, shall contribute its share of the insolvency resolution process cost, liquidation process cost and workmen’s dues, within 90 days of the liquidation commencement date. It shall also pay excess of realised value of the asset, which is subject to security interest, over the amount of its claims admitted, within 180 days of the liquidation commencement date. Where the secured creditor fails to pay such amounts to the Liquidator within 90 days or 180 days, the asset shall become part of Liquidation Estate. A Liquidator shall deposit the amount of unclaimed dividends, if any, and undistributed proceeds, if any, in a liquidation process along with any income earned thereon into the Corporate Liquidation Account before he submits an application for dissolution of the corporate debtor.

The Board shall nominate custodian of the Corporate Liquidation Account and no proceeds shall be withdrawn without his approval. Any amount deposited into the Corporate Liquidation Account in pursuance of the regulation, which remains unclaimed or undistributed for a period of fifteen years from the date of order of dissolution of the corporate debtor and any amount of income or interest received or earned in the Corporate Liquidation Account shall be transferred to the Consolidated Fund of India. A stakeholder, who claims to be entitled to any amount deposited into the Corporate Liquidation Account, may apply to the Board for an order.

Tags : LIQUIDATION PROCESS   REGULATION   AMENDMENT  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved