Published on: June 16, 2021

INSOLVENCY AND BANKRUPTCY BOARD OF INDIA (IBBI)

INSOLVENCY AND BANKRUPTCY BOARD OF INDIA (IBBI)

What is in news : Seeking to enhance transparency in the insolvency process, the Insolvency and Bankruptcy Board of India (IBBI) has amended the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations.

What are the amendments:

  • A insolvency professional (IP) conducting Corporate insolvency resolution process (CIRP) must disclose all former names and registered office address(es) so changed in the two years preceding the commencement of insolvency along with the current name and registered office address of the CD, in all its communications and records.
  • IRP/RP may appoint a professional, other than registered valuers, if he is of the opinion that the services of such professional are required and such services are not available with the CD. Such appointments shall be made on an arm’s length basis following an objective and transparent process. The invoice for fee shall be raised in the name of the professional and be paid into his bank account.
  • For effective monitoring, the amendment requires the IP to file Form CIRP 8 on the electronic platform of the Board, intimating details of his opinion and determination in respect of avoidance transactions.

The Insolvency and Bankruptcy Board of India

  • It was established on 1st October, 2016 under the Insolvency and Bankruptcy Code, 2016.
  • It is a key pillar of the ecosystem.
  • It is responsible for implementation of the Code.
  • The Insolvency and Bankruptcy Code consolidates and amends the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner.