Insolvency & BankruptcyLegal Updates

IBBI notifies IBBI (Liquidation Process) (Amendment) Regulations, 2020

IBBI Updates

On 6th January 2020 Insolvency and Bankruptcy Board of India (IBBI) has notified the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020.

 

Under the amendment, definition of “Corporate Liquidation Account” has been inserted under Regulation 2 (1) (ca) which means the Corporate Liquidation Account operated and maintained by the Board under regulation 46. Therefore, regulation 46 has been substituted.

 

Thereafter, under the amendment, proviso has been inserted under Regulation 2B (1) which 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, the amendment clarifies that 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 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. It also provides a process for a stakeholder to seek withdrawal from the Corporate Liquidation Account.

 

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, as the case may be, the asset shall become part of Liquidation Estate.

 

Click below the link to read the  IBBI (Liquidation Process) (Amendment) Regulations, 2020

 

https://www.ibbi.gov.in/uploads/legalframwork/6eda1d32cfc69cf3fbf91feff9116078.pdf

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