IBBI (Insolvency Professionals) Regulations, 2016 (Amended upto 25.10.2019)

Page 1 of 30 INSOLVENCY AND BANKRUPTCY BOARD OF INDIA (INSOLVENCY PROFESSIONALS) REGULATIONS, 20161 [AMENDED UPTO 25-10-2019] In exercise of the powers conferred by sections 196, 207 and 208 read with section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Board hereby makes the following Regulations, namely- CHAPTER I GENERAL Short title and commencement. 1. (1) These Regulations may be called the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016. (2) These Regulations shall come into force on 29th November, 2016. Definitions. 2. (1) In these Regulations, unless the context otherwise requires - 2[(a) “assignment” means any assignment of an insolvency professional as interim resolution professional, resolution professional, liquidator, bankruptcy trustee, authorised representative or in any other role under the Code; (aa) “authorisation for assignment” means an authorisation to undertake an assignment, issued by an insolvency professional agency to an insolvency professional, who is its professional member, in accordance with its bye-laws; (ab) “Bar Council” means a Bar Council constituted under the Advocates Act, 1961 (25 of 1961); (b) “certificate of registration” means a certificate of registration granted by the Board under section 207 of the Code read with these Regulations; (c) “Code” means the Insolvency and Bankruptcy Code, 2016 (31 of 2016); 1 Vide Notification No. IBBI/2016-17/GN/REG003, dated 23rd November, 2016 published in the Gazette of India, Extraordinary, Part III, Sec.4, vide No. 424, dated 23rd November, 2016 (w.e.f. 29.11.2016). 2Substituted by Notification No. IBBI/2019-20/GN/REG045, dated 23rd July, 2019 (w.e.f. 23.07.2019). Clause (a), before substitution, stood as under: ‘(a) “Bar Council” means a Bar Council constituted under the Advocates Act, 1961 (25 of 1961);’ Page 2 of 30 (d) “Institute of Chartered Accountants of India” means the Institute constituted under the Chartered Accountants Act, 1949 (38 of 1949); (e) “Institute of Cost Accountants of India” means the Institute constituted under the Cost and Works Accountants Act, 1959 (23 of 1959); (f) “Institute of Company Secretaries of India” means the Institute constituted under the Institute of the Company Secretaries Act, 1980 (56 of 1980); and (g) “professional member” means an individual who has been enrolled as a member of an insolvency professional agency; (2) Unless the context otherwise requires, words and expressions used and not defined in these Regulations, shall have the meanings assigned to them in the Code. CHAPTER II INSOLVENCY EXAMINATIONS 3. (1) The Board shall, either on its own or through a designated agency, conduct a ‘National Insolvency Examination’ in such a manner and at such frequency, as may be specified, to test the knowledge and practical skills of individuals in the areas of insolvency, bankruptcy and allied subjects. (2) The Board shall, either on its own or through a designated agency, conduct a ‘Limited Insolvency Examination’ to test the knowledge and application of knowledge of individuals in the areas of insolvency, bankruptcy and allied subjects. 3[ (3)The syllabus, format, qualifying marks and frequency of the Limited Insolvency Examination[shall be published on the website of the Board at least three months before the examination.] CHAPTER III REGISTRATION OF INSOLVENCY PROFESSIONALS Eligibility. 4. No individual shall be eligible to be registered as an insolvency professional if he- (a) is a minor; 3Substituted by Notification No. IBBI/2017-18/GN/REG027, dated 27th March, 2018 (w.e.f. 01.04.2018). Sub Regulation (3), before substitution, stood as under: “(3) The syllabus, format and frequency of the ‘Limited Insolvency Examination’, including qualifying marks, shall be published on the website of the Board at least one month before the examination.” Page 3 of 30 (b) is not a person resident in India; (c) does not have the qualification and experience specified in Regulation 5 or Regulation 9, as the case may be; (d) has been convicted by any competent court for an offence punishable with imprisonment for a term exceeding six months or for an offence involving moral turpitude, and a period of five years has not elapsed from the date of expiry of the sentence: Provided that if a person has been convicted of any offence and sentenced in respect thereof to imprisonment for a period of seven years or more, he shall not be eligible to be registered; (e) he is an undischarged insolvent, or has applied to be adjudicated as an insolvent; (f) he has been declared to be of unsound mind; or (g) he is not a fit and proper person; Explanation: For determining whether an individual is fit and proper under these Regulations, the Board may take account of any consideration as it deems fit, including but not limited to the following criteria- (i) integrity, reputation and character, (ii) absence of convictions and restraint orders, and (iii) competence, including financial solvency and net worth. 4[Qualifications and experience. 5. Subject to the other provisions of these regulations, an individual shall be eligible for registration, if he – 4Substituted by Notification No. IBBI/2017-18/GN/REG027, dated 27th March, 2018 (w.e.f. 01.04.2018). Regulation 5, before substitution, stood as under: “5. Subject to the other provisions of these Regulations, an individual shall be eligible for registration, if he- (a) has passed the National Insolvency Examination; (b) has passed the Limited Insolvency Examination, and has fifteen years of experience in management, after he received a Bachelor’s degree from a university established or recognized by law; or (c) has passed the Limited Insolvency Examination and has ten years of experience as - (i) a chartered accountant enrolled as a member of the Institute of Chartered Accountants of India, (ii) a company secretary enrolled as a member of the Institute of Company Secretaries of India, (iii) a cost accountant enrolled as a member of the Institute of Cost Accountants of India, or (iv) an advocate enrolled with a Bar Council.”. Page 4 of 30 (a) has passed the Limited Insolvency Examination within twelve months before the date of his application for enrolment with the insolvency professional agency; (b) has completed a pre-registration educational course, as may be required by the Board, from an insolvency professional agency after his enrolment as a professional member; and (c) has- [[[(i) successfully completed the National Insolvency Programme, as may be approved by the Board; [[[(ii) successfully completed the Graduate Insolvency Programme, as may approved by the Board; [[[(iii) fifteen years’ of experience in management, after receiving a Bachelor’s degree from a university established or recognised by law; or [[[(iv) ten years’ of experience as – (a) chartered accountant registered as a member of the Institute of Chartered Accountants of India, (b) company secretary registered as a member of the Institute of Company Secretaries of India, (c) cost accountant registered as a member of the Institute of Cost Accountants of India, or (d) advocate enrolled with the Bar Council.] Application for certificate of registration. 6. (1) An individual enrolled with an insolvency professional agency as a professional member may make an application to the Board in Form A of the Second Schedule to these Regulations, along with a non-refundable application fee of ten thousand rupees to the Board. (2) The Board shall acknowledge an application made under this Regulation within seven days of its receipt. (3) The Board may require the applicant to submit, within reasonable time, additional documents, information or clarification that it deems fit.