Article. Checklist on Corporate Insolvency Resolution Process- Financial Creditors

Similar documents
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI. Company Appeal (AT) (Insolvency) No. 239 of 2017

Article. Conversion of one class of shares into another class whether falls under scheme of arrangement? Niddhi Parmar

THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) BILL, 2017

THE LAWS OF THE VIRGIN ISLANDS. STATUTORY INSTRUMENT No. 45 of 2005 INSOLVENCY RULES, 2005

Article. Fraud Reporting - Time To Act Now! Arundhuthi Bose Corporate Law Services Group

WELCOME ALL MEMBERS OF NOIDA CHAPTER

Voting Results for the Second Meeting of the Committee of Creditors (CoC) of Jaypee Infratech Limited held on 17 th Oct 2018

Chapter 4 Creditors Voluntary Winding Up Application of Chapter. MKD/096/AC#

Winding up by court 568. Application of Chapter 569. Circumstances in which company may be wound up by the court

DRAFT RULES UNDER COMPANIES ACT 2013 CHAPTER XV COMPROMISES, ARRANGEMENT AND AMALGAMATIONS

A member of IITO A group of members representing a defined industry sector for which IITO has coverage

557. Hearing of proceedings otherwise than in public Power of court to order the return of assets which have been improperly transferred.

How to prepare for Limited Insolvency Examination under IBC, Some Practical Tips

Bankruptcy and Debt Advice (Scotland) Bill [AS INTRODUCED]

NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI. Company Appeal (AT) (Insolvency) No. 754 of Export-Import Bank of India & Anr.

AMENDED AND RESTATED SUPPLEMENTAL TRUST DEED. January 15, 2015

MEMORANDUM AND ARTICLES OF ASSOCIAITON OF THE ISNI INTERNATIONAL AGENCY (ISNI-IA)

THE SECURITY INTEREST (ENFORCEMENT) RULES,

COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL ARTICLES OF ASSOCIATION THE OFFICE OF THE INDEPENDENT ADJUDICATOR FOR HIGHER EDUCATION

THE INSOLVENCY AND BANKRUPTCY CODE (SECOND AMENDMENT) BILL, 2018

Insolvency and Bankruptcy Moot Competition 2017, 28-29_Oct_NLU Delhi

EXECUTOR BONDS OF SECURITY (BONDS): POLICY

LAW ON BANKRUPTCY PROCEEDINGS

1 of 16. Notified Earlier Notified on March 26, 2013 Not Notified

Introduction. Types Of Insolvency Office Holder. IOH in BA

LIMITED PARTNERSHIP ACT

Contract No.106. Copyright THE GRAIN AND FEED TRADE ASSOCIATION

Case 1:18-cv PAE Document 20-1 Filed 12/14/18 Page 1 of 13

CHAPTER II INCORPORATION AND CAPITAL OF REGIONAL RURAL BANKS

The Enforcement of Foreign Judgments Act

THE REGIONAL RURAL BANKS ACT, 1976 ARRANGEMENT OF SECTIONS

THE COMPANIES ACTS COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL ARTICLES OF ASSOCIATION STEP CHANGE IN SAFETY LIMITED GENERAL

This document has been provided by the International Center for Not-for-Profit Law (ICNL).

Constitution. Money Mob Talkabout Limited ACN A Company Limited by Guarantee

The Australian and New Zealand Forensic Science Society (South Australian Branch Inc.) CONSTITUTION

General Part of the Economic Activities Code Act 1

End User License Agreement (EULA) Savision Inc. 2017

Statutory Instrument 1998 No The Scheme for Construction Contracts (England and Wales) Regulations 1998

BANKRUPTCY (SCOTLAND) BILL

INSOLVENCY ACT, (Act No.4 of 2013) ARRANGEMENT OF SECTIONS PART I - PRELIMINARY

PROPOSAL SUBMISSION AGREEMENT

IN THE NATIONAL COMPANY LAW TRIBUNAL CHANDIGARH BENCH, CHANDIGARH

Constitution of Skate Canada Saskatchewan Inc.

Contract No.64. Copyright THE GRAIN AND FEED TRADE ASSOCIATION GENERAL CONTRACT FOR GRAIN IN BULK FOB TERMS SELLERS... INTERVENING AS BROKERS...

EXECUTOR BONDS OF SECURITY (BONDS): POLICY

THE COMPANIES ACT 2006 A COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL ARTICLES OF ASSOCIATION

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL COMPANY APPELLATE JURISDICTION. Company Appeal (AT) (Insolvency) No. 213 of 2017

Impact of enforcement of the Insolvency and Bankruptcy Code, 2016 on the sections to the Companies Act, 2013

THE INSOLVENCY ACT. (No. 18 of 2015)

The Indian Medical Council (Amendment) Act, 1993 No. 31 of 1993 (2nd April, 1993)

THE BLACK MONEY (UNDISCLOSED FOREIGN INCOME AND ASSETS) AND IMPOSITION OF TAX BILL, 2015

Appeals and Revision. Chapter XVIII

financial difficulty means a situation where company becomes or may become insolvent immediately or in the near future if the company is not

LOCAL GOVERNMENT BYLAW NOTICE ENFORCEMENT ACT

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$11.60 WINDHOEK - 26 June 2012 No. 4973

THE COMPANIES (AMENDMENT) BILL, 2011 MEMORANDUM

ACT. (Signed by the President on 9 June 2012) ARRANGEMENT OF SECTIONS PART I INTRODUCTORY PROVISIONS

THE RIGHT OF CITIZENS FOR TIME BOUND DELIVERY OF GOODS AND SERVICES AND REDRESSAL OF THEIR GRIEVANCES BILL, 2011

Statutes of 5G Infrastructure Association

THE COMPETITION (AMENDMENT) BILL, 2007

THE COMPETITION (AMENDMENT) BILL, 2007

A BILL. i n t i t u l e d. An Act to amend the Labuan Offshore Trusts Act 1996.

AIC CONTRACT NOTE FOR FERTILISERS Issued by a Member of the Agricultural Industries Confederation Limited. Buyer's Ref:... Seller's Ref:...

Advocate for Children and Young People

RULES FOR EXPEDITED ARBITRATIONS

Downloaded From

BURLINGTON NETWORK GROUP

Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes)

Estonian Central Register of Securities Act 1

SECURITY AGREEMENT :v2

THE FREEDOM OF INFORMATION ACT, Arrangement of Sections PART I PRELIMINARY

Insolvency Professionals to act as Interim Resolution Professionals and Liquidators (Recommendation) (Second) Guidelines, 2018

INSOLVENCY ACT NO. 18 OF 2015 LAWS OF KENYA

Bylaws of the Ontario Teachers Federation. We the Teachers of Ontario

CONDITIONS OF APPOINTMENT

CONTRACT FOR UNITED KINGDOM AND IRELAND GRAIN FOB TERMS

CONSTITUTION. Perth Region NRM Inc. Incorporated Under the Associations Incorporation Act 2015 Registered No. A U.

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI. Company Appeal (AT) (Insolvency) No. 154 of Mr. Senthil Kumar Karmegam

Articles of Association

STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS AND SERVICES. React Computer Partnership Ltd

AIC CONTRACT NOTE FOR FEED MATERIALS Issued by a Member of the Agricultural Industries Confederation Limited. Buyer's Ref:...Seller's Ref:...

BYLAWS OF FIELDCOMM GROUP, INC. ARTICLE 1 OFFI CES, CORPORATE SEAL, LANGUAGE, DEFINITIONS ARTICLE 2 MEMBERSHIP

Companies Act No. 10 of Certified on: / /20. INDEPENDENT STATE OF PAPUA NEW GUINEA. No. 10 of ARRANGEMENT OF SECTIONS.

(17 September 2008 to date) ELECTRICITY REGULATION ACT 4 OF 2006

Northern Iron Creditors' Trust Deed

TERMS OF REFERENCE. Issued Date: 3 January 2011

CHART AND NAUTICAL INSTRUMENT TRADE ASSOCIATION RULES AND CONSTITUTION. (As amended in October 2009)

COMPANIES BILL Unofficial version. As amended in Committee Report Stage (Seanad) on 17 th June30 th September 2014

CHAPTER XX WINDING UP

FLEXE.COM TERMS OF SERVICE. (Last Revised: June 1, 2016)

THE COMPANIES ACT 2006 PRIVATE COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL ARTICLES OF ASSOCIATION BOWLS ENGLAND.

PART 6: RESOLVING ISSUES AND PRESERVING RIGHTS

BRITISH VIRGIN ISLANDS. COMPANIES ACT i. (as amended, 2004) ARRANGEMENT OF SECTIONS. Part I - Constitution and Incorporation

Constitution Australian Eggs Limited

END-USER SOFTWARE LICENSE AGREEMENT FOR TEKLA SOFTWARE

THE COMPANIES ACTS 1985 TO 2006 COMPANY NOT HAVING A SHARE CAPITAL ARTICLES OF ASSOCIATION OF THE THE MUSEUMS ASSOCIATION

Kosovo. Regulation No. 2001/5

CHAPTER 2. Appointment of examiner

THIRD AMENDED AND RESTATED AGREEMENT FOR INDIGENT CARE SERVICES BETWEEN INDIAN RIVER COUNTY HOSPITAL DISTRICT AND INDIAN RIVER MEMORIAL HOSPITAL, INC.

The Administration of Setting up JMBs and MCs. Wisma REHDA, Kelana Jaya Thursday 14 January 2015

Transcription:

Article Checklist on Corporate Insolvency Resolution Process- Financial Creditors Corporate Law Services Group corplaw@vinodkothari.com resolution@vinodkothari.com 19 th January, 2017 Check at: http://india-financing.com/staff-publications.html for more write ups. Copyright: This document is the property of Vinod Kothari & Company and no part of it can be copied, reproduced or distributed in any manner. Disclaimer: This document is intended to initiate academic debate on a pertinent question. It is not intended to be a professional advice and should not be relied upon for real life facts.

Checklist on Corporate Insolvency Resolution Process [From the point of view of Financial Creditor] Select the Insolvency X day professional out of the list of Insolvency professional as registered with the IBBI. Take consent letter from the X+1 day selected IP to act as IRP in Form 2 of the AAA rules, 'Section 7(3) of Financial creditor, either by X+2. Rule himself or jointly, shall make 4 of the AAA application for initiating the rules, corporate insolvency resolution process against the corporate debtor in Form-1. The application shall be accompanied by the following: 1. Attachments as provided in Form 1 (Proof of claim) 2. Form 2 (Consent letter) along with Certificate confirming eligibility of the IP 'Section 7 (4) and (5) of the Code 'Section 7 (7) of The Adjudicating Officer shall, within 14 of the receipt of the application, ascertain the existence of default as evidenced by the financial creditor. Once satisfied, shall admit such application. The Adjudicating authority shall communicate the order x+2+14 or Y day (Hereinafter Y has been taken as date of Commencement of Resolution plan) Y+7 The resolution process shall commenced from the date of admission of the application.

on admission within 7 of admission to the Corporate Debtor and the Financial Creditor 'Section 16 of The Adjudicating authority Y+14 shall appoint interim resolution professional within 14 from the insolvency commencement date. 'Section 15 of Insolvency Professional Y+14+3 and shall make public Rule 6 of the announcement of the IRP Rules, corporate insolvency resolution process within 3 from the date of his appointment in Form A. The same shall be published in 2 newspapers i.e. one in English and one in regional language. The same shall also be published on the website of the Corporate debtor and the website designated by the board for the purpose. Rule 27 of the The IRP shall within 7 Within Y+7 IRP rules of his appointment, appoint 2 registered valuer to determine liquidation value of the Corporate debtor Rule 35 of the IRP rule The Registered valuer shall submit the an estimate of liquidation value computed in accordance with the rule after physically verifying the The expenses of the public announcement shall not form part of the insolvency resolution process and then same shall be borne by the applicant.

assets of the Corporate debtor 'Rule 6 (2), 7, 8 and 9 of the IRP Rules, 'rule 13 of the IRP rules, Rule 14 of the IRP rules, 'Section 21 of rule Submission of proof of claim to the interim resolution professional within 14 from the date of appointment of the Insolvency professional as IRP: By the Operational Creditors: In Form B By Financial Creditors: In Form C By Workmen and Employees: In Form D or in case of numerous employees in Form E The interim Resolution Professional shall verify every claim as on insolvency commencement date within 7 from the last date of receipt of the claim and thereupon shall maintain a list of creditor containing name of the creditor, amount claimed by them, the amount of their claim admitted and the security interest. The list of creditors shall be displayed on the website of the Company ( the same shall be presented at the first meeting of the Committee) Interim resolution professional shall after Y+14+14 i.e. Y+28 Within Within Y+28+7 Y+28+7 Within Y+14+30 Creditor shall bear Cost of proof The claims in foreign currency shall be valued in Indian Currency at the rate published by RBI The Committee shall comprise of

17 of the IRP, Collation of the claims, constitute a Committee of the creditors within 30 from the date of appointment of the resolution professional 'Rule 17 of IRP rules, Rule 19 of IRP rules, 'Rule 17 and 22 of IRP rules, Section 22 of Rule 35 of the IRP rule Interim Resolution Professional shall file a report of Constitution of Committee to the Adjudicating Authority on or before the expiry of 30 from the date of his appointment Drafting and Sending Notice of Committee Meeting by IRP to every participants (7 before the meeting) Interim Resolution Professional shall convene first meeting of the Committee within 7 of filing of report Committee may, by majority vote, appoint the IRP as RP or replace the IRP by another RP The Committee shall communicate its decision to the IRP, Corporate Debtor and to the Adjudicating authority. The Resolution professional shall finalise the liquidation value and submit the same to the Committee. Within Y+14+30 Within Y+14+30 within Y+14+30+7 i.e. Y+51 all the financial creditors. Notice may be sent by hand delivery or Post and electronic means IRP shall act as a chairperson of the meeting Quorum is 1/3 Assuming that the Company has appointed IRP as RP

Section 29 opf The Resolution professional and shall prepare Information rule 36of the memorandum in such Form IRP rules as may be prescribed Section 30 of Section 30(2) of Section 30(4) of Section 30(6) of A resolution applicant shall submit Resolution plan to the RP prepared on the basis of IM. (within 30 before the expiry of maximum period permitted to complete corporate insolvency resolution process) The RP shall verify each resolution plan received by him and thereafter shall present to the committee his approval for the Resolution plan Committee to approve the Resolution plan by a vote of not less than seventy five per cent. of voting share of the financial creditors. The RP shall submit the Resolution plan as approved by the Committee to the Adjudicating Authority Say within Y+180-30=Y+160 RP shall share the IM with the Committee after receiving and undertaking from them that they will maintain confidentiality of the IM and shall not use the same for other purpose. Section 12 of the Code provides that the CRP process shall be completed within 180 from the date of admission of the process. Resolution applicant may attend the meeting in which the resolution plan is to be considered by the Committee

Section 31 of After satisfying with the and content of resolution plan the Rule 39 of the Adjudicating Authority shall IRP rules approve the resolution plan In case the Adjudicating Authority Rejects the Resolution plan The Adjudicating Authority shall pass the order requiring the Corporate Debtor to be liquidated in the manner as prescribed in Chapter III of The Order shall be binding on the corporate debtor and its employees, members, creditors, Guarantors and other stakeholders involved in the resolution plan. To read our other resources click here