NCLAT: Creditors May Choose to Proceed Against One or Multiple Guarantors as They See Fit  ||  NCLAT Delhi: Authority Can Enforce Arbitral Award Via Resolution Professional Under IBC Section 60(5)  ||  Bombay HC Rejects Plea For 'Eco-Friendly' Ganesh Idol Immersion, Upholds Citizens' Right to Clean Wat  ||  Delhi HC:WhistleblowingDoesn’t Grant Employees Immunity from Transfer Orders  ||  Delhi HC: Higher Compounding Fees Don't Apply on Second TDS Default Plea If First Was Rejected  ||  NCLAT Rules Guarantor’s Liability Can Exceed Cap Set in Guarantee Deed on Principal Borrower’s Debt  ||  NEET-UG 2025: Supreme Court Dismisses Plea Claiming OMR Sheet Tampering by Candidate  ||  SC Refuses Interim Bail to Shabir Ahmed Shah; Issues Notice on His Bail Petition  ||  SC Summons MCD Commissioner over Debris at Lodhi-Era Gumti, Asks, "Is There an Ego Issue?"  ||  SC Grants Interim Relief to YSRCP’s Pinnelli Ramakrishna Reddy in Double Murder Case of TDP Activists    

Clarification regarding submission of particulars and declaration by the insolvency professionals in the application filed by creditor(s) in Part IV of Form C of the IRP PGCD Rules- (Insolvency and Bankruptcy Board of India) (21 Dec 2023)

MANU/NMIC/0601/2023

Insolvency

Section 95 of the Insolvency and Bankruptcy Code (Code) read with Rule 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 (IRP PGCD Rules) allows the creditor to file an application for initiation of insolvency resolution process of personal guarantors to corporate debtors. The creditor may file the application either himself or jointly with other creditors or through a resolution professional (RP) in Form C of the IRP PGCD Rules.

Where the application is filed through an RP, the particulars and declaration by such RP are provided in Part IV of the Form C of the IRP PGCD Rules. In such cases, the Adjudicating Authority (AA) after confirming that there is no pendency in respect of disciplinary proceedings against the RP from the database shared by the Insolvency and Bankruptcy Board of India, appoints the proposed RP by an Order under sub-section (5) of section 97 of the Code.

In certain cases, the creditor may file the application itself recommending the name of the insolvency professional to be appointed as RP. It is hereby clarified that in such cases, the insolvency professional proposed to be appointed as RP shall also provide the particulars of and declaration in Part IV of Form C of the IRP PGCD Rules to the creditor for the consideration of the AA.

This is issued in exercise of the powers under section 196 of the Code.

Tags : CLARIFICATION   IRP PGCD RULES  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved