Uttarakhand HC: Severity of POCSO Charges Alone Cannot Deny Juvenile Bail  ||  Madras HC Grants Anticipatory Bail to Man Accused of Watching CM Vijay's Unreleased Film Online  ||  Jharkhand HC: Interest under Employees' Compensation Act Runs From Date of Accident  ||  Bombay HC Quashes Wakf Property Mutation as Enemy Property, Mandates Due Process  ||  J&K&L High Court: Limitation Must be Decided Before Hearing Appeal Against 31-Year-Old Mutation  ||  Allahabad HC Summons UP Home Secretary Over Delay in Custodial Death Compensation Guidelines  ||  Delhi HC Differs with DPIIT Paper, Says ChatGPT Injunction Would Hurt AI Development  ||  Supreme Court: MHADA can Enforce Developer's Rehabilitation Commitments  ||  SC: Transfer of Defrauded Funds To Accused's Account Alone Cannot Warrant Clubbing FIRs  ||  Supreme Court: States with Under 1,000 Consumer Cases Can Abolish Select District Commissions    

Compliances for initiation of Voluntary Liquidation of a Financial Service Provider- (Insolvency and Bankruptcy Board of India) (13 Feb 2024)

MANU/NMIC/0053/2024

Insolvency

1. The Code provides for the voluntary liquidation process of corporate persons. However, the definition of 'corporate person' in sub-section (7) of section 3 excludes any financial service provider (FSP). Section 227 read with the Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudicating Authority) Rules, 2019 allows FSPs who have been notified by the Central Government, after consulting financial regulators, to undergo a voluntary liquidation process after obtaining prior permission of the appropriate regulator. It has been noted that some FSPs have commenced the voluntary liquidation process without notification and / or prior permission of the appropriate financial regulator.

2. Accordingly, it is hereby directed that the liquidator shall ensure that, if the corporate person falls under the category of financial service provider, it shall declare that:

(i) the category of Financial Service Providers has been notified by the Central Government under section 227 of the Code, and

(ii) the corporate person has obtained prior permission from the appropriate regulator.

Sharing of final report, Form H, and dissolution order with IBBI

3. It is hereby directed that the liquidator shall submit a copy of Form H and the final report filed before the Adjudicating Authority as per Regulation 38, and the order for dissolution to the Board to the email ID: liqvol@ibbi.gov.in.

4. This is issued in the exercise of the powers conferred under section 196 of the Insolvency and Bankruptcy Code, 2016.

Tags : COMPLIANCES   VOLUNTARY LIQUIDATION   FINANCIAL SERVICE PROVIDER  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved