Page 1 of 44 INSOLVENCY AND BANKRUPTCY BOARD OF INDIA 7th Floor, Mayur Bhawan, Connaught Place, New Delhi – 110 001 CIRCULAR No. IBBI/CIRP/94/2026 02nd June, 2026 To All Registered Insolvency Professionals All Recognised Insolvency Professional Entities All Registered Insolvency Professional Agencies (By mail to regist…
Official record
Open source page7th Floor, Mayur Bhawan, Connaught Place, New Delhi – 110 001
CIRCULAR
No. IBBI/CIRP/94/2026 02nd June, 2026
To All Registered Insolvency Professionals All Recognised Insolvency Professional Entities All Registered Insolvency Professional Agencies (By mail to registered email addresses and on the website of the IBBI)
Subject: Formats under the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.
The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations), as amended by the IBBI (Insolvency Resolution Process for Corporate Persons) (Third Amendment) Regulations, 2026 specify various forms relating to the process to be notified by Board through circular.
| Sl. No. | Regulation | Description | Form |
|---|---|---|---|
| 1. | Regulation 6 | Public Announcement | Form A |
| 2. | Regulation 3(1A), (1B) | Written Consent to Act as Resolution Professional | Form AA |
| 3. | Regulation 4A(3) | Written Consent to Act as Authorised Representative | Form AB |
| 4. | Regulation 3A | Format for list of assets and records | Form AC |
| 5. | Regulation 7 | Proof of Claim by Operational Creditors except Workmen and Employees | Form B |
| 6. | Regulation 8 | Submission of claim by Financial Creditors | Form C |
| 7. | Regulation 8A | Submission of claim by Financial Creditors in a Class | Form CA |
| 8. | Regulation 9 | Proof of Claim by a Workman or an Employee | Form D |
| 9. | Regulation 9 | Proof of Claim submitted by Authorised Representative of Workmen or Employees | Form E |
| 10. | Regulation 9A | Proof of Claim by Creditors (other than financial creditors and operational creditors) | Form F |
Annexure
FORM A PUBLIC ANNOUNCEMENT (Under Regulation 6 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
FOR THE ATTENTION OF THE CREDITORS OF [NAME OF CORPORATE DEBTOR]
| RELEVANT PARTICULARS | ||
|---|---|---|
| 1. | Name of corporate debtor | |
| 2. | Date of incorporation of corporate debtor | |
| 3. | Authority under which corporate debtor is incorporated / registered | |
| 4. | Corporate Identity No. / Limited Liability Identification No. of corporate debtor | |
| 5. | Address of the registered office and principal office (if any) of corporate debtor | |
| 6. | Insolvency commencement date in respect of corporate debtor | |
| 7. |
Notice is hereby given that the National Company Law Tribunal has ordered the commencement of a corporate insolvency resolution process of the [name of the corporate debtor] on [insolvency commencement date].
The creditors of [name of the corporate debtor], are hereby called upon to submit their claims with proof on or before [insert the date falling fourteen days from the appointment of the interim resolution professional] to the interim resolution professional at the address mentioned against entry No. 10.
The financial creditors shall submit their claims with proof by electronic means only. All other creditors may submit the claims with proof in person, by post or by electronic means.
A financial creditor belonging to a class, as listed against the entry No. 12, shall indicate its choice of authorised representative from among the three insolvency professionals listed against entry No.13 to act as authorised representative of the class [specify class] in Form CA.
Submission of false or misleading proofs of claim shall attract penalties.
Name and Signature of Interim Resolution Professional : Date and Place: :
FORM AA WRITTEN CONSENT TO ACT AS RESOLUTION PROFESSIONAL (Under Regulation 3(1A) and (1B) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
[Date]
From [Name of the insolvency professional] [Registration number of the insolvency professional] [Address of the insolvency professional registered with the Board]
To The Committee of Creditors [name of corporate debtor]
Subject: Written Consent to act as resolution professional.
I, [name], an insolvency professional enrolled with [name of insolvency professional agency] and registered with the Board, note that the committee proposes to appoint me as resolution professional under section 22(3)(a) / 22(3)(b) / 27(2) of the Code for corporate insolvency resolution process of [name of the corporate debtor].
In accordance with regulation 3(1A) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, I hereby give consent to the proposed appointment.
I declare and affirm as under: - a. I am registered with the Board as an insolvency professional. b. I am not subject to any disciplinary proceedings initiated by the Board or the Insolvency Professional Agency. c. I do not suffer from any disability to act as a resolution professional. d. I am eligible to be appointed as resolution professional of the corporate debtor under regulation 3 and other applicable provisions of the Code and regulations. e. I shall make the disclosures in accordance with the code of conduct for insolvency professionals as set out in the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016; f. I am having the following processes in hand:
| Sl. No. | Role as | No. of Processes on the date of Consent |
|---|---|---|
| 1 | Interim Resolution Professional | |
| 2 | Resolution Professional of a. Corporate Debtors b. Individuals | |
| 3 | Liquidator of a. Liquidation Processes b. Voluntary Liquidation Processes | |
| 4 | Bankruptcy Trustee | |
| 5 | Authorised Representative | |
| 6 | Any other (Please state) |
Date: (Signature of the insolvency professional) Place: Registration No. .......
FORM AB WRITTEN CONSENT TO ACT AS AUTHORISED REPRESENTATIVE (Under Regulation 4A(3) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
[Date]
From [Name of the insolvency professional] [Registration number of the insolvency professional] [Registered address of the insolvency professional]
To The Interim Resolution Professional [name of corporate debtor]
Subject: Written Consent to act as authorized representative.
I, [name], an insolvency professional enrolled with [name of insolvency professional agency] and registered with the Board, note that you have proposed to appoint me as the authorized representative of financial creditors in a class [specify class] in the corporate insolvency resolution process of [name of the corporate debtor].
In accordance with regulation 4(A) of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, I hereby give my consent to the proposed appointment.
I declare and affirm as under: - a. I am registered with the Board as an insolvency professional. b. I am not subject to any disciplinary proceedings initiated by the Board or the Insolvency Professional Agency. c. I do not suffer from any disability to act as an authorized representative. d. I shall not canvass with the creditors to indicate their choice in my favour in Form CA. e. I am having the following processes in hand:
| Sl. No. | Role as | No. of Processes on the date of Consent |
|---|---|---|
| 1 | Interim Resolution Professional | |
| 2 | Resolution Professional of a. Corporate Debtors b. Individuals | |
| 3 | Liquidator of a. Liquidation Processes b. Voluntary Liquidation Processes | |
| 4 | Bankruptcy Trustee | |
| 5 | Authorised Representative | |
| 6 | Any other (Please state) |
Date: (Signature of the insolvency professional) Place: Registration No. .......]
FORM AC LIST OF ASSETS AND RECORDS [Under Regulation 3A of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016]
Basic Details
| Name of Corporate Debtor | |
|---|---|
| CIN / LLPIN | |
| Insolvency Commencement Date | |
| Name of IRP / RP | |
| Name of person handing over (section 19) | |
| Designation / Capacity of person handing over | |
| Date and Place of handover |
Part A — Records of Information relating to Assets, Finances and Operations (Records referred to in clause (a) of section 18 and such information required under Regulation 36)
| Sl. No. | Description of Records / Information | Period Covered | Form (Physical / Digital / Both) | Present Location | Handed Over (Yes / No / Partial) | Remarks |
|---|---|---|---|---|---|---|
| 1. | ||||||
| 2. | ||||||
| 3. |
Part B — Assets recorded in Balance Sheet or other Records (Assets referred to in clause (f) of section 18)
| Sl. No. | Description of Asset | Location | Book Value (Rs.) | Encumbrance / Charge (if any) | Handed Over (Yes / No / Partial) | Remarks |
|---|---|---|---|---|---|---|
| 1. | ||||||
| 2. | ||||||
| 3. |
Part C — Assets / Records pertaining to CD, not handed over (To be filled where any asset or record has not been handed over)
| Sl. No. | Description of Asset / Record | Reason for not handing over | Present location / possessor | Remarks |
|---|---|---|---|---|
| 1. | ||||
| 2. | ||||
| 3. |
Signatures This list has been prepared and signed in the presence of the following witnesses:
| Person handing over | IRP / RP | Witness 1 | Witness 2 | |
|---|---|---|---|---|
| Name | ||||
| Designation | ||||
| Signature | ||||
| Date and Place |
Note: (i) This list shall be signed by the person handing over as well as the IRP / RP, and by at least two individuals who have witnessed the act of taking control and custody of such assets and records, as required under sub-regulation (4) of Regulation 3A. (ii) Where assets or records have not been handed over, the IRP / RP shall prepare the list under sub-regulation (3) of Regulation 3A. (iii) The categories of records, information and assets set out in this format are illustrative and not exhaustive. Any person covered under section 19 of the Code is required to hand over all records, information and assets of the corporate debtor, whether or not specifically enumerated above, and non-enumeration shall not constitute a defence for failure to hand over the same, where such record, asset, document, information or material is otherwise required to be handed over under the Code or the regulations.
FORM B PROOF OF CLAIM BY OPERATIONAL CREDITORS EXCEPT WORKMEN AND EMPLOYEES (Under Regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
[Date]
To The Interim Resolution Professional / Resolution Professional [Name of the Insolvency Resolution Professional / Resolution Professional] [Address as set out in public announcement]
From [Name and address of the operational creditor]
Subject: Submission of proof of claim.
Madam/Sir, [Name of the operational creditor], hereby submits this proof of claim in respect of the corporate insolvency resolution process in the case of [name of corporate debtor]. The details for the same are set out below:
| Particulars | |
|---|---|
| 1. Name of Operational Creditor | |
| 2. Identification number of Operational Creditor (If an incorporated body provide identification number and proof of incorporation. If a partnership or individual, provide identification records* of all the partners or the individual) | |
| 3. Address and email address of operational creditor for correspondence | |
| 4. Total amount of claim (Including any interest as at the insolvency commencement date) | |
| 5. Details of documents by reference to which the debt can be substantiated. | |
| 6. Details of any dispute as well as the record of pendency or order of suit or arbitration proceedings | |
| 7. Details of how and when debt incurred | |
| 8. Details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the creditor which may be set-off against the claim | |
Signature of operational creditor or person authorised to act on his behalf [Please enclose the authority if this is being submitted on behalf of an operational creditor] Name in BLOCK LETTERS Position with or in relation to creditor Address of person signing
DECLARATION I, [Name of claimant], currently residing at [insert address], hereby declare and state as follows:-
Date: Place: (Signature of the claimant)
VERIFICATION I, [Name] the claimant hereinabove, do hereby verify that the contents of this proof of claim are true and correct to my knowledge and belief and no material fact has been concealed therefrom. Verified at … on this …… day of ………., 20… (Signature of the claimant) [Note: In the case of company or limited liability partnership, the declaration and verification shall be made by the director/manager/secretary and in the case of other entities, an officer authorised for the purpose by the entity].
FORM C SUBMISSION OF CLAIM BY FINANCIAL CREDITORS (Under Regulation 8 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
[Date]
From [Name and address of the financial creditor, including address of its registered office and principal office]
To The Interim Resolution Professional / Resolution Professional [Name of the Insolvency Resolution Professional / Resolution Professional] [Address as set out in public announcement]
Subject: Submission of claim and proof of claim.
Madam/Sir, [Name of the financial creditor], hereby submits this claim in respect of the corporate insolvency resolution process of [name of corporate debtor]. The details for the same are set out below:
| Relevant Particulars | ||
|---|---|---|
| (1) | (2) | (3) |
| 1. | Name of the financial creditor | |
| 2. | Identification number of the financial creditor (If an incorporated body, provide identification number and proof of incorporation. If a partnership or individual provide identification records* of all the partners or the individual) | |
| 3. | Address and email address of the financial creditor for correspondence | |
| 4. | Details of claim, if it is made against corporate debtor as principal borrower: (i) Amount of claim (ii) Amount of claim covered by security interest, if any (Please provide details of security interest, the value of the security, and the date it was given) (iii) Amount of claim covered by guarantee, if any (Please provide details of guarantee held, the value of the guarantee, and the date it was given) (iv) Name and address of the guarantor(s) |
(Signature of financial creditor or person authorised to act on its behalf) [Please enclose the authority if this is being submitted on behalf of the financial creditor] Name in BLOCK LETTERS Position with or in relation to creditor Address of person signing
*PAN, passport, AADHAAR Card or the identity card issued by the Election Commission of India.
DECLARATION I, [Name of claimant], currently residing at [insert address], do hereby declare and state as follows: -
Date: Place: (Signature of the claimant)
VERIFICATION I, [Name] the claimant hereinabove, do hereby verify that the contents of this proof of claim are true and correct to my knowledge and belief and no material fact has been concealed therefrom. Verified at … on this …… day of ………., 20…. (Signature of claimant) [Note: In the case of company or limited liability partnership, the declaration and verification shall be made by the director/manager/secretary/designated partner and in the case of other entities, an officer authorised for the purpose by the entity.]
FORM CA SUBMISSION OF CLAIM BY FINANCIAL CREDITORS IN A CLASS (Under regulation 8A of the Insolvency and Bankruptcy (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
[Date]
From [Name and address of the financial creditor, including address of its registered office and principal office]
To The Interim Resolution Professional / Resolution Professional [Name of the Insolvency Resolution Professional / Resolution Professional] [Address as set out in public announcement]
Subject: Submission of claim and proof of claim.
Madam/Sir, [Name of the financial creditor], hereby submits this claim in respect of the corporate insolvency resolution process of [name of corporate debtor]. The details for the same are set out below:
| Relevant Particulars | |
|---|---|
| 1. Name of the financial creditor | |
| 2. Identification number of the financial creditor (If an incorporated body, provide identification number and proof of incorporation. If a partnership or individual, provide identification records of all the partners or the individual) | |
| 3. Address and e-mail address of the financial creditor for correspondence. | |
| 4. Total amount of claim (in Rs.) | |
| 5. Details of documents by reference to which the debt can be substantiated | |
| 6. Details of how and when debt incurred | |
| 7. Details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the creditor which may be set-off against the claim | |
| 8. Details of any security held, the value of the security, and the date it was given | |
| 9. Details of the bank account to which the amount of the claim or any part thereof can be transferred pursuant to a resolution plan |
Signature of financial creditor or person authorised to act on its behalf [Please enclose the authority if this is being submitted on behalf of the financial creditor] Name in BLOCK LETTERS Position with or in relation to creditor Address of person signing
*PAN number, passport, AADHAAR Card or the identity card issued by the Election Commission of India.
DECLARATION I, [Name of claimant], currently residing at [insert address], do hereby declare and state as follows: -
Date: Place: (Signature of the claimant)
VERIFICATION I, [Name] the claimant hereinabove, do hereby verify that the contents of this proof of claim are true and correct to my knowledge and belief and no material fact has been concealed therefrom. Verified at … on this …… day of ………., 20… (Signature of claimant) [Note: In the case of company or limited liability partnership, the declaration and verification shall be made by the director/manager/secretary/designated partner and in the case of other entities, an officer authorized for the purpose by the entity.]
FORM D PROOF OF CLAIM BY A WORKMAN OR AN EMPLOYEE (Under Regulation 9 of the Insolvency and Bankruptcy (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
[Date]
To The Interim Resolution Professional / Resolution Professional [Name of the Insolvency Resolution Professional / Resolution Professional] [Address as set out in public announcement]
From [Name and address of the workman / employee]
Subject: Submission of proof of claim.
Madam/Sir, [Name of the workman / employee], hereby submits this proof of claim in respect of the corporate insolvency resolution process in the case of [name of corporate debtor]. The details for the same are set out below:
| Particulars | |
|---|---|
| 1. Name of workman / employee | |
| 2. Pan Number, Passport, the identity card issued by the Election Commission of India or Aadhaar Card of workman / employee | |
| 3. Address and email address (if any) of workman / employee for correspondence | |
| 4. Total amount of claim (Including any interest as at the insolvency commencement date) | |
| 5. Details of documents by reference to which the claim can be substantiated. | |
| 6. Details of any dispute as well as the record of pendency or order of suit or arbitration proceedings | |
| 7. Details of how and when claim arose | |
| 8. Details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the creditor which may be set-off against the claim | |
| 9. Details of the bank account to which the amount of the claim or any part thereof can be transferred pursuant to a resolution plan |
Signature of workman / employee or person authorised to act on his behalf [Please enclose the authority if this is being submitted on behalf of an operational creditor] Name in BLOCK LETTERS Position with or in relation to creditor Address of person signing
DECLARATION I, [Name of claimant], currently residing at [insert address], do hereby declare and state as follows:-
Date: Place: (Signature of the claimant)
VERIFICATION I, [Name] the claimant hereinabove, do hereby verify that the contents of this proof of claim are true and correct to my knowledge and belief and no material fact has been concealed therefrom. Verified at … on this …… day of ………., 20… (Signature of claimant).
FORM E PROOF OF CLAIM SUBMITTED BY AUTHORISED REPRESENTATIVE OF WORKMEN AND EMPLOYEES (Under Regulation 9 of the Insolvency and Bankruptcy (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
[Date]
To The Interim Resolution Professional / Resolution Professional, [Name of the Insolvency Resolution Professional / Resolution Professional] [Address as set out in public announcement]
From [Name and address of the duly authorised representative of the workmen / employees]
Subject: Submission of proofs of claim.
Madam/Sir, I, [name of authorised representative of the workmen / employees], currently residing at [address of authorised representative of the workmen / employees], on behalf of the workmen and employees employed by the above named corporate debtor and listed in Annexure A, solemnly affirm and say:
Deponent
ANNEXURE A
| S No. | Name of Employee/ Workman | Identification number (PAN number, Passport or AADHAAR card) | Total amount due (Rs.) | Period over which amount due |
|---|---|---|---|---|
| 1. | ||||
| 2. | ||||
| 3. | ||||
| 4. |
ATTACHMENTS: [Documents relied as evidence as proof of debt and as proofs of non-payment of debt.]
DECLARATION I, [Name of claimant], currently residing at [insert address], do hereby declare and state as follows:-
Date: Place: (Signature of the claimant)
VERIFICATION I, [Name] the claimant hereinabove, do hereby verify that the contents of this proof of claim are true and correct to my knowledge and belief and no material fact has been concealed therefrom. Verified at … on this …… day of ………., 20… (Signature of the claimant)]
FORM F PROOF OF CLAIM BY CREDITORS (OTHER THAN FINANCIAL CREDITORS AND OPERATIONAL CREDITORS) [Under Regulation 9A of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016]
Date ………..
To The Interim Resolution Professional / Resolution Professional [Name of the Insolvency Resolution Professional / Resolution Professional] [Address as set out in public announcement]
From [Name and address of the creditor]
Subject: Submission of proof of claim.
Madam / Sir, I, [Name of the creditor], hereby submit the following proof of claim in respect of the corporate insolvency resolution process in the case of [name of corporate debtor]. The details of the same are set out below:
PARTICULARS
| 1. Name of the creditor | |
|---|---|
| 2. Identification number of the creditor (If an incorporated body corporate, provide identification number and proof of incorporation. If a partnership or individual, provide identification record* of all partners or the individuals) | |
| 3. Address and email address of the creditor for correspondence | |
| 4. Description of the claim (Including the amount of the claim as at the insolvency commencement date) | |
| 5. Details of documents by reference to which claim can be substantiated | |
| 6. Details of how and when the claim arose | |
| 7. Details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the creditor which may be set-off against the claim | |
| 8. Details of: a. any security held, the value of security and its date, or b. retention title arrangement in respect of goods or properties to which the claim refers | |
| 9. Details of bank account to which the amount of the claim or any part thereof can be transferred pursuant to a resolution plan |
Signature of the creditor or any person authorised to act on his behalf (Please enclose the authority if this is being submitted signed on behalf of the creditor) Name in BLOCK LETTERS Position with or in relation to the creditor Address of the person signing
DECLARATION I, [Name of claimant], currently residing at [insert address], do hereby declare and state as follows:-
Date: Place: (Signature of the claimant)
VERIFICATION I, [Name] the claimant hereinabove, do hereby verify that the contents of this proof of claim are true and correct to my knowledge and belief and no material fact has been concealed therefrom. Verified at … on this …… day of ………., 20… (Signature of the claimant) [Note: In the case of company or limited liability partnership, the declaration and verification shall be made by the director/manager/secretary and in the case of other entities, an officer authorised for the purpose by the entity].
FORM FA APPLICATION FOR WITHDRAWAL OF CORPORATE INSOLVENCY RESOLUTION PROCESS [Under Regulation 30A of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016]
Date: ___________
To The Adjudicating Authority [National Company Law Tribunal, ______ Bench]
In the matter of: [name of the corporate debtor]
Subject: Application for withdrawal of an application admitted reg. CIRP for [name of the corporate debtor]
I, [Name of the Insolvency Professional], an insolvency professional enrolled with [name of insolvency professional agency] and registered with the Insolvency and Bankruptcy Board of India having registration number [registration number], am acting as the Resolution Professional for the corporate insolvency resolution process (“CIRP”) of [name of the corporate debtor].
I hereby submit this application for withdrawal of the application bearing [diary number; CP number] admitted by this Hon’ble Adjudicating Authority under section ___ of the Insolvency and Bankruptcy Code, 2016, in pursuance of the approval granted by the Committee of Creditors, in accordance with section 12A of the Code read with regulation 30A of the CIRP Regulations.
The details of the meeting of the Committee of Creditors at which withdrawal was approved are as under: (a) Date of Committee of Creditors meeting: ___________ (b) Voting share approving withdrawal: ___________ (___%)
I enclose herewith the records of [bank guarantee / demand draft] furnished in accordance with regulation 30A.
Signature of the Insolvency Professional Registration Number of the Insolvency Professional Registered Address of the Insolvency Professional For (Name of the Corporate Debtor) (Date and Place)
FORM G INVITATION FOR EXPRESSION OF INTEREST FOR [NAME OF CORPORATE DEBTOR] OPERATING IN [INDUSTRY TYPE] AT [LOCATION(S)] (Under regulation 36A(1) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
| SL. | RELEVANT PARTICULARS | |
|---|---|---|
| 1. | Name of the corporate debtor along with PAN & CIN/ LLP No. | |
| 2. | Address of the registered office | |
| 3. | URL of website | |
| 4. | Details of place where majority of fixed assets are located | |
| 5. | Installed capacity of main products/ services | |
| 6. | Quantity and value of main products/ services sold in last financial year | |
| 7. | Number of employees/ workmen |
Signature of the Resolution Professional Registration Number of the Resolution Professional Registered Address of the Resolution Professional For (Name of the Corporate Debtor) (Date and Place)]
FORM GA APPLICATION FOR TWO-STAGE APPROVAL OF RESOLUTION PLAN [Under Regulation 39(3C) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016]
Date: ___________
To The Adjudicating Authority [National Company Law Tribunal, ______ Bench]
In the matter of: [Name of the Corporate Debtor]
Subject: Application for separate approval of implementation of resolution plan and manner of distribution of [name of corporate debtor] under the second proviso to sub-section (1) of section 31 of the Insolvency and Bankruptcy Code, 2016.
| 1. Details of the Corporate Debtor | |
|---|---|
| Name of the Corporate Debtor | |
| CIN / LLPIN | |
| Registered Address | |
| Insolvency Commencement Date | |
| CIRP Period in days from ICD (including extensions, if any) |
| 2. Details of the Successful Resolution Applicant | |
|---|---|
| Name of the Successful Resolution Applicant |
| 3. Details of Committee of Creditors Approval | |
|---|---|
| Date of CoC meeting at which resolution plan was approved | |
| Voting share approving two-stage approval under proviso to section 31(1) (%) |
4. Reasons for seeking two-stage approval
5. Details of proposed manner of implementation of plan, as recommended by CoC pursuant to second proviso to sub section (1) of section 31
6. Documents enclosed (a) Copy of the CoC approved resolution plan. (b) Compliance certificate under regulation 39(4) of the CIRP Regulations. (c) Copy of the minutes of the CoC meeting reflecting approval of the resolution plan. (d) Copy of the minutes of the CoC meeting reflecting approval for two-stage process under the second proviso to section 31(1). (e) Any other relevant document.
Declaration I, [Name of the Resolution Professional], hereby declare that the contents of this application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.
Signature of the Resolution Professional: _______________ Registration Number: _______________ Address as registered with the Board: _______________ Email ID as registered with the Board: _______________ Date: _______________ Place: _______________
FORM H COMPLIANCE CERTIFICATE (Under Regulation 39(4) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
I, [Name of the resolution professional], an insolvency professional enrolled with [name of insolvency professional agency] and registered with the Board with registration number [registration number], am the resolution professional for the corporate insolvency resolution process (CIRP) of [name of the corporate debtor (CD)].
1A. The details of the CIRP are as under:
| Sl. No. | Particulars | Description |
|---|---|---|
| 1 | Name of the CD | |
| 2 | Date of Initiation of CIRP | |
| 3 | Date of Appointment of IRP | |
| 4 | Date of Publication of Public Announcement | |
| 5 | Date of Constitution of CoC | |
| 6 | Date of First Meeting of CoC | |
| 7 | Date of Appointment of RP |
1B. (i) Whether Application for approval of Resolution Plan filed within 180 days of CIRP initiation - Y/N (ii) Number of days beyond 180 days taken for filing application for resolution plan_____ (iii) Reasons for delay ____________
I hereby certify that- (i) the said Resolution Plan complies with all the provisions of the Insolvency and Bankruptcy Code, 2016 (IBC/Code), the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations) and does not contravene any of the provisions of the law for the time being in force. (ii) the Resolution Applicant (………………………………..) has submitted an affidavit pursuant to section 30(1) of the Code confirming its eligibility under section 29A of the Code to submit resolution plan. The contents of the said affidavit are in order. (iii) the said Resolution Plan has been approved by the CoC in accordance with the provisions of the Code and the CIRP Regulations made thereunder. The Resolution Plan has been approved by [state the number of votes by which Resolution Plan was approved by CoC] % of voting share of financial creditors after considering its feasibility and viability and other requirements specified by the CIRP Regulations. (iv) The voting was held in the meeting of the CoC on [state the date of meeting] where all the members of the CoC were present. or I sought vote of members of the CoC by electronic voting system which was kept open at least for 24 hours as per regulation 26. [strike off the part that is not relevant]
The details and documents related to the successful resolution applicant are as under:
| Sl. No. | Particulars | Description |
|---|---|---|
| 1. | Name of Successful Resolution Applicant (SRA) | |
| 2. | Nature of Business of SRA | |
| 3. | Relationship status of SRA with CD, if any | |
| 4. | Whether SRA is eligible to submit plan u/s 240A of IBC in case of MSME CD | |
| 5. | Due Diligence Certificate of the RP u/s 29A of IBC for the SRA (pls attach copy of certificate) |
| Sl. No. | Particulars | Description |
|---|---|---|
| 1. | Whether Corporate Debtor is an MSME, if so, Date of obtaining MSME registration (pls attach copy of registration certificate) | |
| 2. | Business of the CD) | |
| 3. | Total admitted claims (Amount in Rs.) | |
| 4. | Resolution Plan Value (including insolvency resolution process cost, infusion of funds etc) (In the case of real estate CDs, provide the monetary value of flats etc. given to allottees) (pls attach copy of Resolution plan) | |
| 5. | Voting percentage (%) of CoC in favour of Resolution Plan (pls attach copy of minutes approving resolution plan) |
| Sl. No. | Description | Principal | Interest and penalty, if any | Total |
|---|---|---|---|---|
| 1. | Corporate Guarantee claims | |||
| 2. | Other than Corporate Guarantee claims |
| Sl. No. | Particulars | Description |
|---|---|---|
| 1. | Amount of Performance Guarantee furnished by SRA (in Rs.) and its validity (attach document) | |
| 2. | Source of funds (in brief) | |
| 3. | Capital restructuring and management of CD post approval of resolution plan (in brief including shareholding proposed to be transferred in favour of SRA) | |
| 4. | Term and implementation of plan (in brief) | |
| 5. | Details of monitoring committee (in brief) | |
| 6. | Effective date of resolution plan implementation |
| Sl. No. | Name of Creditor | Voting Share (%) | Voting for Resolution Plan (Voted for / Dissented / Abstained) |
|---|---|---|---|
7A. Realisable amount:
| Sl. No. | Particulars | Description |
|---|---|---|
| 1. | Total Realisable amount under the plan (In case of real estate CDs, provide the monetary value of flats etc. given to allottees) | |
| 2. | Fair Value | |
| 3. | Liquidation Value | |
| 4. | Percentage (%) of realisable amount to Fair Value | |
| 5. | Percentage (%) of realisable amount to Liquidation Value | |
| 6. | Percentage (%) of realisable amount to Principal amount | |
| 7. |
7B. Details of Realisable amount: (Amount In Rupees)
| Stakeholder Type | Amount(s) | Payment schedule |
|---|---|---|
| Amount Claimed | Amount Admitted | |
| Secured Financial Creditors | ||
| - Creditors not having a right to vote under sub-section (2) of section 21 | ||
| - Dissenting | ||
| - Assenting | ||
| Unsecured Financial Creditors | ||
| -Creditors not having a right to vote under sub-section (2) of section 21 |
| Sl. No. | Nature of Approval | Name of applicable law | Name of Authority who will grant Approval | When to be obtained |
|---|---|---|---|---|
| 1 | ||||
| 2 |
| Next Step(s) | Name of Party | Timeline |
|---|---|---|
Details of Income Tax losses carry forward under Section 79(2)(c) of Income Tax Act, 1961, if any.
Amount of Regulatory fee payable (0.25%) to the Board under Regulation 31A [……….] and affidavit to the said effect is submitted by the SRA to the Resolution Professional.
Status of Preferential, Undervalued, Fraudulent and Extortionate transactions and how these are dealt in the resolution plan, if any
| Sl. No. | Type of Transaction | Amount (Rs.) | Date of Filing with Adjudicating Authority | Date of Order of the Adjudicating Authority | Brief of the Order | How it is dealt in resolution plan |
|---|---|---|---|---|---|---|
| 1 | Preferential transactions u/s 43 | |||||
| 2 | Undervalued transactions u/s 45 | |||||
| 3 |
If resolution plan submitted by suspended director/ promoter of CD, any PUFE applications against the suspended directors are pending, if so the details of the same.
Details of other IAs pending against the Corporate Debtor:
| Filing No. | Date of Application | Applicant(s) name | Respondent(s) name | Amount Involved, if any | Issue involved (in brief) |
|---|---|---|---|---|---|
| Sl. No. | Name of financial creditor | Amount to be contributed (Rs.) |
|---|---|---|
| 1 | ||
| 2 | ||
| …. | ||
| Total |
Whether Resolution Plan is subject to any contingency/condition - Y/N .
The Resolution Plan has been filed ______ days after the commencement of CIRP (in terms of Section 12 of the Code).
Declaration I (Name of Resolution Professional) hereby certify that that the contents of this certificate are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
(Signature) Name of the Resolution Professional: IP Registration No: Address as registered with the Board: Email id as registered with the Board: Date: Place:
Annexure Declarations with respect to compliances of provisions under Code and Regulations
I (Name of Resolution Professional) hereby certify that- (i) the said Resolution Plan complies with all the provisions of the Insolvency and Bankruptcy Code 2016 (Code), the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations) including the provisions and Regulations as per the table below:
| Section of the Code/ Regulation No. | Requirement with respect to Resolution Plan | Compliance (Y/N) | Relevant clause of resolution plan |
|---|---|---|---|
| Section 25(2)(h) | The Resolution Applicant meets the criteria approved by the CoC having regard to the complexity and scale of operations of business of the CD | ||
| Section 29A | The Resolution Applicant is eligible to submit resolution plan as per final list of Resolution Professional or Order, if any, of the Adjudicating Authority | ||
| Section 30(1) | The Resolution Applicant has submitted an affidavit stating that it is eligible as per Code | ||
| Section 30(2) | The Resolution Plan- (a)provides for the payment of insolvency resolution process costs (b)provides for the payment to the operational creditors (c)provides for payment to the financial creditors who did not vote in favour of the resolution plan (d)provides for the management of the affairs of the corporate debtor (e)provides for the implementation and supervision of the resolution plan (f)does not contravene any of the provisions of the law for the time being in force |
(ii) the resolution plan does not contravene any of the provisions of the law for the time being in force. (iii) that the contents of this certificate are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
(Signature) Name of the Resolution Professional: IP Registration No: Address as registered with the Board: Email id as registered with the Board: Date: Place:
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Browse source laws| Estimated date of closure of insolvency resolution process |
| 8. | Name and registration number of the insolvency professional acting as interim resolution professional |
| 9. | Address and e-mail of the interim resolution professional, as registered with the Board |
| 10. | Address and e-mail to be used for correspondence with the interim resolution professional |
| 11. | Last date for submission of claims |
| 12. | Classes of creditors, if any, under clause (b) of sub-section (6A) of section 21, ascertained by the interim resolution professional | Name the class(es) |
| 13. | Names of Insolvency Professionals identified to act as Authorised Representative of creditors in a class (Three names for each class) | 1. 2. 3. |
| 14. | (a) Relevant Forms and (b) Details of authorized representatives are available at: | Web link:….. Physical Address:……. |
| 4. |
| 9. Details of: a. any security held, the value of security and its date, or b. any retention of title arrangement in respect of goods or properties to which the claim refers |
| 10. Details of the bank account to which the amount of the claim or any part thereof can be transferred pursuant to a resolution plan |
| 11. List of documents attached to this proof of claim in order to prove the existence and non-payment of claim due to the operational creditor |
| 5. | Details of claim, if it is made against corporate debtor as guarantor: (i) Amount of claim (ii) Amount of claim covered by security interest, if any (Please provide details of security interest, the value of the security, and the date it was given) (iii) Amount of claim covered by guarantee, if any (Please provide details of guarantee held, the value of the guarantee, and the date it was given) |
| 6. | Details of claim, if it is made in respect of financial debt covered under clauses (h) and (i) of sub-section (8) of section 5 of the Code, extended by the creditor: (i) Amount of claim (ii) Name and address of the beneficiary |
| 7. | Details of how and when debt incurred |
| 8. | Details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the creditor which may be set-off against the claim |
| 9. | Details of the bank account to which the amount of the claim or any part thereof can be transferred pursuant to a resolution plan |
| 10. List of documents attached to this claim in order to prove the existence and non-payment of claim due |
| 11. Name of the insolvency professional who will act as the Authorised representative of creditors of the class |
| 10. List of documents attached to this proof of claim in order to prove the existence and non-payment of claim due to the operational creditor |
| 10. List of documents attached to this claim in order to prove the existence and non-satisfaction of claim due to the creditor |
| 8. | Further details including last available financial statements (with schedules) of two years, lists of creditors are available at URL: |
| 9. | Eligibility for resolution applicants under section 25(2)(h) of the Code is available at URL: |
| 10. | Last date for receipt of expression of interest |
| 11. | Date of issue of provisional list of prospective resolution applicants |
| 12. | Last date for submission of objections to provisional list |
| 13. | Date of issue of final list of prospective resolution applicants |
| 14. | Date of issue of information memorandum, evaluation matrix and request for resolution plans to prospective resolution applicants |
| 15. | Last date for submission of resolution plans |
| 16. | Process email id to submit Expression of Interest |
| 17. | [Details of the corporate debtor’s registration status as MSME.] |
| 8 | Date of Appointment of Registered Valuers |
| 9 | Date of Issue of Invitation for EoI (In case of multiple issuance of EoI, please specify all such dates) |
| 10 | Date of Final List of Eligible Prospective Resolution Applicants |
| 11 | Date of Invitation of Resolution Plan |
| 12 | Last Date of Submission of Resolution Plan |
| 13 | Date of submission of Resolution Plan to the RP |
| 14 | Date of placing the Resolution Plan before the CoC |
| 15 | Date of Approval of Resolution Plan by CoC |
| 16 | Date of Filing of Resolution Plan with Adjudicating Authority |
| 17 | Date of Expiry of 180 days of CIRP |
| 18 | Date of each order extending/excluding the period of CIRP on request filed by RP |
| 19 | Date of Expiry of Extended Period of CIRP |
| 20 | Fair Value |
| 21 | Liquidation value |
| 22 | Number of Meetings of CoC held |
| Percentage (%) of realisable amount to Total admitted claims |
| 8. | Percentage (%) of realisable amount to Other than admitted Corporate Guarantee claims |
| - Dissenting |
| - Assenting |
| Operational Creditors |
| (i) Government |
| (ii) Workmen |
| - PF dues |
| - Other dues |
| (iii)Employees |
| - PF dues |
| - Other dues |
| (iv)Other Operational creditors |
| Other Debts and Dues |
| Shareholders |
| Total |
| Extortionate credit transactions u/s 50 |
| 4 | Fraudulent transactions u/s 66 |
| 5. | Combination of PUFE transactions |
| Total |
| Section 30(4) | The Resolution Plan (a)is feasible and viable, according to the CoC (b)has been approved by the CoC with 66% voting share |
| Section 31(1) | The Resolution Plan has provisions for its effective implementation plan, according to the CoC |
| Regulation 38 (1) | The amount due to the operational creditors under the resolution plan has been given priority in payment over financial creditors |
| Regulation 38(1A) | The resolution plan includes a statement as to how it has dealt with the interests of all stakeholders |
| Regulation 38(1B) | Neither the Resolution Applicant nor any of its related parties has failed to implement or contributed to the failure of implementation of any resolution plan approved under the Code. If applicable, the Resolution Applicant has submitted a statement giving details of any such non-implementation. |
| Regulation 38(2) | The Resolution Plan provides: (a)the term of the plan and its implementation schedule (b)for the management and control of the business of the corporate debtor during its term (c)adequate means for supervising its implementation |
| Regulation 38(3) | The resolution plan demonstrates that – (a)it addresses the cause of default (b)it is feasible and viable (c)it has provisions for its effective implementation (d)it has provisions for approvals required and the timeline for the same (e)the resolution applicant has the capability to implement the resolution plan |
| Regulation 39(2) | Whether the RP has filed applications in respect of transactions observed, found or determined by him? |
| Regulation 39(4) | Provide details of performance security received, as referred to in sub-regulation (4A) of regulation 36B) |