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The Insolvency and Bankruptcy Board of India requires insolvency professionals to file the list of creditors on the electronic platform of the Board. This requirement applies to every corporate insolvency resolution process ongoing on 13 November 2020 and processes starting on or after that date. The professional uses the platform at www.ibbi.gov.in to submit and update the list of creditors in the finalized format.
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Insolvency and Bankruptcy Board of India 7th Floor, Mayur Bhawan, Connaught Place, New Delhi - 110001
CIRCULAR
No. IBBI/CIRP/36/2020
27th November, 2020
To All Registered Insolvency Professionals All Recognised Insolvency Professional Entities All Registered Insolvency Professional Agencies (By mail to registered email addresses and on website of the IBBI)
Dear Madam / Sir,
Subject: Filing of list of creditors under clause (ca) of sub-regulation (2) of regulation 13 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
The Insolvency and Bankruptcy Code read with the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations) require that the interim resolution professional or the resolution professional, as the case may be, shall verify every claim as on the insolvency commencement date and thereupon maintain a list of creditors, with specified details and update it. The list of creditors shall, inter alia, be filed with the Adjudicating Authority and shall also be displayed on the website, if any, of the corporate debtor.
Clause (ca) of sub-regulation (2) of regulation 13 of the CIRP Regulations, 2016 requires the interim resolution professional or the resolution professional to file the list of creditors on the electronic platform of the Board for dissemination on its website. The purpose of this requirement is to improve transparency and enable stakeholders to ascertain the details of their claims at a central platform.
The above requirement is applicable to every corporate insolvency resolution process (a) ongoing as on the date 13th November, 2020, that is, the date of commencement of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Fifth Amendment) Regulations, 2020; and, (b) commencing on or after the said date.
In pursuance of the above, the Board has made available an electronic platform at www.ibbi.gov.in for filing of list of creditors as well as updating it thereof. The platform permits multiple filings by the interim resolution professional or the resolution professional, as the case may be, as and when the list of creditors is updated by him. The format of list of creditors for the purpose of filing has been finalised in consultation with the insolvency professional agencies and is placed as Annexure.
This Circular is issued in exercise of the powers under clause (aa) of sub-section (1) of section 196 of the Insolvency and Bankruptcy Code, 2016.
Yours sincerely, -Sd- (Dr. Kokila Jayaram) Deputy General Manager Tel: 011-2436 2832 Email: kokila.jayaram@nic.in
Annexure
Filing under clause (ca) of sub-regulation (2) of regulation 13 the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
(Amount in ₹)
| Sl. No. | Category of creditor | Summary of claims received | Summary of claims admitted | Amount of contingent claims | Amount of claims not admitted | Amount of claims under verification | Details in Annexure | Remarks, if any | ||
|---|---|---|---|---|---|---|---|---|---|---|
| No. of claims | Amount | No. of claims | Amount of claims admitted | |||||||
| 1 | Secured financial creditors belonging to any class of creditors | 1 | ||||||||
| 2 | Unsecured financial creditors belonging to any class of creditors | 2 | ||||||||
| 3 | Secured financial creditors (other than financial creditors belonging to any class of creditors) | 3 | ||||||||
| 4 | Unsecured financial creditors (other than financial creditors belonging to any class of creditors) | 4 | ||||||||
| 5 | Operational creditors (Workmen) | 5 | ||||||||
| 6 | Operational creditors (Employees) | 6 | ||||||||
| 7 | Operational creditors (Government Dues) | 7 | ||||||||
| 8 | Operational creditors (other than Workmen and Employees and Government Dues) | 8 | ||||||||
| 9 | Other creditors, if any, (other than financial creditors and operational creditors) | 9 | ||||||||
| Total | ||||||||||
Annexure-1
Name of the corporate debtor: ………………………………; Date of commencement of CIRP: ………………………….; List of creditors as on: ………………………
List of secured financial creditors belonging to any class of creditors
(Amount in ₹)
| Sl. No. | Name of creditor | Identification No. | Details of claim received | Details of claim admitted | Amount of contingent claim | Amount of any mutual dues, that may be set-off | Amount of claim not admitted | Amount of claim under verification | Remarks, if any | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Date of receipt | Amount claimed | Amount of claim admitted | Nature of claim | Amount covered by security interest | Amount covered by guarantee | Whether related party? | % of voting share in CoC | ||||||||
Annexure-2
Name of the corporate debtor: ………………………………; Date of commencement of CIRP: ………………………….; List of creditors as on: ………………………
List of unsecured financial creditors belonging to any class of creditors
(Amount in ₹)
| Sl. No. | Name of creditor | Identification No. | Details of claim received | Details of claim admitted | Amount of contingent claim | Amount of any mutual dues, that may be set-off | Amount of claim not admitted | Amount of claim under verification | Remarks, if any | |||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Date of receipt | Amount claimed | Amount of claim admitted | Nature of claim | Amount covered by guarantee | Whether related party? | % of voting share in CoC | ||||||||
