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Answers
Please note that the Part of the Insolvency and Bankruptcy Code, 2016 dealing with Bankruptcy of the individual has not been notified yet.
Dear Sir,
You may follow the following procedure to get insolvency certificate:
============================================================================
The Insolvency And Bankruptcy Code, 2016 - Key Highlights
Dear Sir,
The provisions of Bankruptcy and insolvency Act may be used to get relevant certificate. The highlights of the Act are as follows followed by a link.
KEY HIGHLIGHTS
1. Corporate Debtors: Two-Stage Process
To initiate an insolvency process for corporate debtors, the default should be at least INR One Lakh (which limit may be increased up to INR One Lakh ) by the Government). The Code proposes two independent stages:
Insolvency Resolution Process, during which financial creditors assess whether the debtor's business is viable to continue and the options for its rescue and revival; and
Liquidation, if the insolvency resolution process fails or financial creditors decide to wind down and distribute the assets of the debtor.
(a) The Insolvency Resolution Process (IRP)
The IRP provides a collective mechanism to lenders to deal with the overall distressed position of a corporate debtor. This is a significant departure from the existing legal framework under which the primary onus to initiate a reorganisation process lies with the debtor, and lenders may pursue distinct actions for recovery, security enforcement and debt restructuring.
The Code envisages the following steps in the IRP:
(i) Commencement of the IRP
A financial creditor (for a defaulted financial debt) or an operational creditor (for an unpaid operational debt) can initiate an IRP against a corporate debtor at the National Company Law Tribunal (NCLT).
The defaulting corporate debtor, its shareholders or employees, may also initiate voluntary insolvency proceedings.
(ii) Moratorium
The NCLT orders a moratorium on the debtor's operations for the period of the IRP. This operates as a 'calm period' during which no judicial proceedings for recovery, enforcement of security interest, sale or transfer of assets, or termination of essential contracts can take place against the debtor.
(iii) Appointment of Resolution Professional
The NCLT appoints an insolvency professional or 'Resolution Professional' to administer the IRP. The Resolution Professional's primary function is to take over the management of the corporate borrower and operate its business as a going concern under the broad directions of a committee of creditors. This is similar to the approach under the UK insolvency laws, but distinct from the "debtor in possession" approach under Chapter 11 of the US bankruptcy code. Under the US bankruptcy code, the debtor's management retains control while the bankruptcy professional only oversees the business in order to prevent asset stripping on the part of the promoters.
Therefore, the thrust of the Code is to allow a shift of control from the defaulting debtor's management to its creditors, where the creditors drive the business of the debtor with the Resolution Professional acting as their agent.
Part III of the Insolvency and Bankruptcy Code, 2016, deals with insolvency and bankruptcy of individuals and partnership firms.
According to a statement issued by IBBI on Tuesday, the draft rules and regulations have been submitted by a working group which was formed to recommend the strategy and approach for implementation of the provisions of the Insolvency and Bankruptcy Code, 2016, dealing with insolvency and bankruptcy in respect of guarantors to corporate debtors, i.e., personal guarantors, and individuals having businesses.
http://www.mondaq.com/india/x/492318/Insolvency+Bankruptcy/The+Insolvency+And+Bankruptcy+Code+2016+Key+Highlights
To
All Registered Insolvency Professionals
All Registered Insolvency Professional Agencies
(By mail to registered email addresses and on web site of the IBBI)
Dear Madam / Sir,
Sub: Fees payable to an insolvency professional and to other professionals appointed by an insolvency professional.
Section 206 of the Insolvency and Bankruptcy Code, 2016 (Code) provides that only a person registered as an insolvency professional with the Insolvency and Bankruptcy Board of India (IBBI) can render services as an insolvency professional under the Code. Section 23 read with section 5(27) of the Code requires that an insolvency professional, who is appointed as an interim resolution professional or a resolution professional, shall conduct the entire corporate insolvency resolution process, including fast track process. In terms of section 5(13) of the Code, ‘the fees payable to any person acting as a resolution professional’ is included in ‘insolvency resolution process cost’, which needs to be paid in priority.
2. The Code of Conduct for Insolvency Professionals under the IBBI (Insolvency Professionals) Regulations, 2016 require that an insolvency professional must provide services for remuneration which is charged in a transparent manner, and is a reasonable reflection of the work necessarily and properly undertaken. He shall not accept any fees or charges other than those which are disclosed to and approved by the persons fixing his remuneration.
3. In view of the above, it is clarified that an insolvency professional shall render services for a fee which is a reasonable reflection of his work, raise bills / invoices in his name towards such fees, and such fees shall be paid to his bank account. Any payment of fees for the services of an insolvency professional to any person other than the insolvency professional shall not form part of the insolvency resolution process cost.
4. Similarly, any other professional appointed by an insolvency professional shall raise bills / invoices in his / its (such as registered valuer) name towards such fees, and such fees shall be paid to his / its bank account.
5. This circular is issued in exercise of powers under section 196 read with section 208 of the Insolvency and Bankruptcy Code, 2016.
Yours faithfully,
-Sd-
Dear Sir Thank You so much for this information but i just wants to know that as a individual can i file for bankruptcy/insolvency because i am single and i don't have any company or any asset on my name.
wants-to-file-for-bankruptcy-1527349
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Builder used Unparliamentary Language
my grant douter nandani verma class 8th or nanya verma class 5th read in sprin
Uttar Pradesh
Hi i want to register rwa in greater noida on a freehold land society .how to do
i sign a cheque 36000 its disoner before 3 month and party now police complain
I dropped pf engineering but the college is refusing the give me back my origina
Is it okay to get an affidavit notarized in another state
Property dispute
Can I issue internship certificates if my company is not registered
Accedente case
Consequences for a college to face legally?
I want to cancel my engineering admission after 1st semester
Fraud in the name of admission
Uttar Pradesh
how to vacate the house
Sc st act का झूठा fir होने पर कैसे बचे।
West Bengal
Suicide committed by my tenant's wife in my detached House.What should I do now?
Noise Pollution In Residential Area From Needless, Continuous Honking
Defected cement my lentil starts seepage within one year what should i do ?How t
Government free funeral
What if someone show fake bank statement
how to get certifed copy of deed registered in 1951 at barasat adsr
My to be husband was in a live in relationship... For more than 6 years.. things
How can I get share in my parental house (both parents expired)
Police and a Corporator harassing me...
This is related to marriage. After creating intimacy, he is not accepting me
state bihar ke aaganwadi mapping panji me animmitta bartne ke sambandh me
Ex boyfriend is torturing me and my relatives. He is not ready to leave
Sir / Madam. A commercial property was bought in my son’s name in 2019, he is af
RAJASTHAN
Builder sell flat showing plan in agreement 580 Square feet carpet Bmc approved
Society secretary digged 10 feet ground floor godown for water storage for perso
my friend not return my money . money transfer by online banking how to get
Recovery certificate is pending with DRT & bank under sarfesi act kept house auc
Secretly recording the video of a patient harrasing me during treatment
How to follow up next steps after judgement is favourable to us.
Teanat leave at half of month, how much amount should he pay half rent or full
My sister was engaged for marriage now it is broken off by the groom side.
I need to change my DOB in my educational certificates (10th, 12th, UG and PG).
Suggestion regarding guardianship
What is IPC 107 section means and what are the charges in this?
my father expired due to my boss's negligency
Regarding education loan repayment
Property related
Uttarakhand
Delhi
Break marriage after engagement
Himachal Pradesh
Near Green supermarket
Sir I have concern about agriculture land
Advise regarding Bescom connection without OC
Kerala
Tamil Nadu
I have already a pending case in Dwarka court (498, through women cell).
Land issue
cheaque dishonour
Builder asking additionally amount after registration
Typing mistake in house sale deed.
Cheque bounce case
Gujarat
Delhi
I want to marry a guy of my own caste it's a love marriage we want to marry in c
NEW DELHI
I want to take divorce.. So I want some legal advices
The venture is 2675 but land is 2600 we are getting deficict of 75sqydswhom to
Bihar
Defaulter tenants now running away.
I want to ask about family pension
Gujarat
I HAVE A OLD OFFICE FOR WHICH NOC NOT RECD SINCE 2006, IS MAINTENANCE LEGITIMAT
Seller of flat refusing to give parking
So much dust from Carpenters
Our land is registered with x survey number but we are in position with y survey
Maharashtra
Maharashtra
File complain against NGO
One of our neighbor occupied the Road which connects us to the main road.
My uncle stole my mother's phone and took out a video of my father's illness and
Our society is charging us extra money for parking
COLLEGE FEES PAID IN ADVANCE FOR ADMISSION BUT NOT TAKEN DUE TO HEALTH ISSUE LET
About raw road which is not getting permanent
Is bringing fruits for personal use from Shimla to Delhi in pvt. Car an offense
WHO ARE INCLUDED IN FAMILY DEFINATION AS PER LATEST LAW
Kerala
Hoshiarpur
Mere mom ka birth certificate nhi hai us case mai konsa document use kr sakte ha
Relative purchased a car on my name not ready to get it transferred
About money fraud
Tamil Nadu
Himachal Pradesh
Gujarat
Uttarakhand
RAJASTHAN
Went to girl room naked
Just need someone to elaborate whats written below actually means.
Want to make agreement
West Bengal
I'm not a professional lawer can I fight my own case.
Uttar Pradesh
If I'm unable to file police complain can i file RTI Or complain on C. M. Portal
assam
What is the validity period of Distance Certificate, issued by PWD ?
Delhi
Love affair
Name change procedure please tell me sir
Tamil Nadu
Hi, can I park my scooty in front of my house?.
How I can get immediate sifting from one-town to other.
Want to know how can I take my Qualification certificates.
Transfer of spouse on compessionate Ground
To get own personal rights.
Can can fight my case by own I'm mot a lawer, I'm poor.
I want to run away from pg. Broke. Can't pay next month rent. Can he file police
To get own personal rights.
To get own personal rights.
I've university certified married recombinant latter. Need to make legalize by c
How to write citation for award winning.
To get own personal rights.
Madhya Pradesh
Gujarat
Dowry case
Haryana
Delhi
DELHI
Non payment of fees abroad
Owner tenant related
GUJARAT
Legal steps against interviewer for breaching right to equality.
I have been looking after my help shop for past 24 years and after my dad's de
Domestic violence
Gujarat
What can a citizen do to make the authorities decommission mullaperiyar dam
Got in trouble for posting a picture from my old school magazine. It had names.
Uttar Pradesh
Can sale agreement done between father in law and son in law
I don't want to be a guarrantor any more. What to do?
Sir I have taken a home loan from SBI in 2017. The home loan amount which was su
rental agreeement
I was caught drinking in a standby car in my colony.
Value of pati-patra
My mother in law has a land and she decided to give this land to her daughter an
IN DHANI APP
నేను అప్పుల పాలయ్యాను నాకు ప్రాణ హాని ఉంది అప్పులవాళ్ళు నాకు రోజు ఫోన్ చేసి ఇ చం
Tamilnadu
If the criminal is dead, will the anti-corruption case continue or close?
L & L agreement executed for 11 month from 18 Feb but Tanent not paying rent.
Andhra Pradesh
Is issuing notice under surfaesi act by banks is freezed now?
Society is charging fine to tenant for keeping 20 ltr water bottles
Extra marital affair
West Bengal
What are duties and responsibility of distitrict colloector regarding issueing o
Select a State
Im a teacher and my student wants to file a case cuz im late to class
J&K Govt. advertised certain posts in December, 2020. I applied under EWS catego
Cheated by a Girl
Need to transfer Maternal house property
Maharashtra
Marriage without parents acceptance
OPP DPS SCHOOL
Sir, Me and my two sisters are being harassed and beaten by my brothers
You I am ordering an electronic musical instrument online from a dealer from Ind
I'm 13 and my parents put this camera in my bedroom
Car accident claim
Without reason suspension
Police officer not tack my petition
Employment Issue
SBI credit card settlement dispute
Not getting the committee money back
Legal advice on agricultural land
Daughter in law have any rights to stop sale the ancestral property
MY AGRI LAND TOOK BY STATE GOVT FOR PAZAR TALAV VALUE PAID CAN I SELL ITI
KARNATAKA
i am planning to buy flat in bangalore the owner stays in us and his wife is vi
obtaining Schedule 1 details of a Charitable Trust
Tamil Nadu
Karnataka
Is it legal to buy international lottery online ?
Pita pi ker paitrik jamin ko bech rahe h .us per stay chahte h kya kre
I need concession on loan for closing the loan
Enrollment in Bar Council after LLM
I want to stop vehicle activity
Is giving court case threat to someone who fraud us will it make them scare ?
Maharashtra
Need information regarding legal notice and law
Sir muze aap se kuch help chahiye.
SRA property division for inherited property not happening
Building Tax approval
Domicile
What if a student take admission in two university simultaneously.
𝑴𝒚 𝒍𝒂𝒏𝒅 𝒔𝒐𝒎𝒆𝒐𝒏𝒆 𝒖𝒔𝒆 𝒇𝒐𝒓𝒄𝒆𝒇𝒖𝒍𝒍𝒚
My Late Father made nominee to his brother in saving bank account
Refund of Heavy deposit amount
Uttar Pradesh
Maharashtra
Illegal affairs
Tenant n leave n license
Hospital parking fee
Madhya pradesh
Neighbor Rearing chickens on terrace causing sound pollution & droppings hazard