New Delhi: The Insolvency and Bankruptcy Board of India has amended the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016. A notification to this effect was issued on June 14, 2022.
The amendment provides the operational creditors to furnish extracts of Form GSTR-1, Form GSTR-3B and e-way bills, wherever applicable along with the application filed under section 9 of the Insolvency and Bankruptcy Code, 2016. These additional sets of documents can be used as evidence of transactions with the corporate debtor, debt and default easing the process of admission. These documents will also be submitted as part of the claims submitted to the resolution professional to help the collation of claims. Further, creditors filing applications under section 7 or 9 of the Code are required to furnish details of their PAN and Email ID to ensure smooth correspondence.
In order to improve information availability, the amendment places a duty on the corporate debtor, its promoters or any other person associated with the management of the corporate debtor to provide the information in such format and time as sought by the resolution professional.
The amendment places a duty on the creditors to share information regarding the assets and liabilities of the corporate debtor, the financial statements and other relevant financial information from their records and available reports to help the resolution professional in the preparation of the information memorandum and relevant extracts from the transaction or forensic audit reports to aid the resolution professional in the preparation of the avoidance application.
The amendment also addresses the issue of treatment of avoidance applications filed with the Adjudicating Authority after the closure of the corporate insolvency resolution process (CIRP). It provides that the resolution plan shall provide for the manner in which such applications will be pursued after the approval of the resolution plan and the manner in which the proceeds, if any, from such proceedings shall be distributed. It includes a definition of significant difference in valuations during CIRP and enables the committee of creditors to make a request to the resolution professional regarding the appointment of a third valuer.
– global bihari bureau
