Supreme Court tells Parsvnath Developers to Comply with Haryana RERA Orders or Face Jail  ||  Supreme Court: Article 142 Cannot Override a Concluded and Acted-Upon Settlement Between Parties  ||  SC Grants One-Time Relief, Allows Law Students to Take Exams Despite Attendance Shortage  ||  SC Grants One-Time Relief, Allows Law Students to Take Exams Despite Attendance Shortage  ||  Supreme Court: Murder Inside a Vehicle Does Not Qualify For Motor Accident Compensation  ||  Supreme Court: Section 50 NDPS Act Inapplicable to Recovery from Articles Carried by Accused  ||  J&K&L High Court: Death of Sole Accused Brings Disproportionate Assets Attachment Case to an End  ||  Calcutta High Court: Child Marriage Allegation Alone Cannot Justify Ordering a POCSO FIR  ||  Calcutta High Court: Trial Courts Can't Compel Mediation in Mutual Consent Divorce Cases  ||  Kerala High Court Orders DGP to Set Up Special Squads Across Districts for Hit-and-Run Cases    

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