IBBI circular IBBI/II/62/2023 · 21 Dec 2023
Official title
Clarification regarding submission of particulars and declaration by the insolvency professionals in the application filed by creditor(s) in Part IV of Form C of the IRP PGCD Rules.
Official record
Open source pageSummary
Check the official recordThe Insolvency and Bankruptcy Board of India has clarified the procedural requirements for appointing an Insolvency Professional (RP) when a creditor files an application for the insolvency resolution process of personal guarantors to corporate debtors. While the IRP PGCD Rules allow creditors to file applications directly and recommend an RP, it is now clarified that the proposed RP must provide the particulars and declaration specified in Part IV of Form C to the creditor. This ensures the Adjudicating Authority has the necessary information to confirm the absence of pending disciplinary proceedings against the RP before making an appointment under section 97(5) of the Code.
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Key dates
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Insolvency and Bankruptcy Board of India 7th Floor, Mayur Bhawan, Connaught Place, New Delhi-110001
CIRCULAR
No. IBBI/II/62/2023 21st December, 2023
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)
Dear Madam/Sir,
Sub: Clarification regarding submission of particulars and declaration by the insolvency professionals in the application filed by creditor(s) in Part IV of Form C of the IRP PGCD Rules.
Section 95 of the Insolvency and Bankruptcy Code (Code) read with Rule 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 (IRP PGCD Rules) allows the creditor to file an application for initiation of insolvency resolution process of personal guarantors to corporate debtors. The creditor may file the application either himself or jointly with other creditors or through a resolution professional (RP) in Form C of the IRP PGCD Rules.
Where the application is filed through an RP, the particulars and declaration by such RP are provided in Part IV of the Form C of the IRP PGCD Rules. In such cases, the Adjudicating Authority (AA) after confirming that there is no pendency in respect of disciplinary proceedings against the RP from the database shared by the Insolvency and Bankruptcy Board of India, appoints the proposed RP by an Order under sub-section (5) of section 97 of the Code.
In certain cases, the creditor may file the application itself recommending the name of the insolvency professional to be appointed as RP. It is hereby clarified that in such cases, the insolvency professional proposed to be appointed as RP shall also provide the particulars of and declaration in Part IV of Form C of the IRP PGCD Rules to the creditor for the consideration of the AA.
This is issued in exercise of the powers under section 196 of the Code.
Yours faithfully,
-Sd- (Sushanta Kumar Das) Deputy General Manager Email: das.sushanta@ibbi.gov.in
