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[Cites 0, Cited by 0] [Section 10] [Entire Act]

Union of India - Subsection

Section 10(4) in The Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016

(4)The application and accompanying documents shall be filed in electronic form, as and when such facility is made available and as prescribed by the Adjudicating Authority:Provided that till such facility is made available, the applicant may submit the accompanying documents, and wherever they are bulky, in electronic form, in scanned, legible portable document format in a data storage device such as a compact disc or a USB flash drive acceptable to the Adjudicating Authority.Form 1(See sub-rule (1) of rule 4)[Application by Financial Creditor(S) To Initiate Corporate Insolvency Resolution Process *Under Chapter II of Part II/ Under Chapter IV of Part II of The Code] [Substituted by Notification No. G.S.R. 222(E), dated 14.3.2019 (w.e.f. 30.11.2016).][*strike out whichever is not applicable] [Substituted by Notification No. G.S.R. 222(E), dated 14.3.2019 (w.e.f. 30.11.2016).];(Under section 7 of the Insolvency and Bankruptcy Code, 2016 read with Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016)[Date]To,The National Company Law Tribunal[Address]From,[Names and addresses of the registered offices of the financial creditors]In the matter of [name of the corporate debtor]Subject: Application to initiate corporate insolvency resolution process in the matter of [name of the corporate debtor] under the Insolvency and Bankruptcy Code, 2016.Madam/Sir,[Names of the financial creditor(s)], hereby submit this application to initiate a corporate insolvency resolution process in the matter of [name of corporate debtor]. The details for the purpose of this application are set out below:Part-I
Particulars ofApplicant (Please Provide for each Financial Creditor making theApplication)
1. Name of financial creditor  
2. Date of incorporation of financial creditor  
3. Identification number of financial creditor  
4. Address of the registered office of the financial creditor  
5. Name and address of the person authorized to submitapplication on its behalf(Enclose Authorization)  
6. Name and address of person resident in India authorized toaccept the service of process on its behalf(EncloseAuthorization)  
Part-II
Particulars of the Corporate Debtor
1. Name of the corporate debtor  
2. Identification number of corporate debtor  
3. Date of incorporation of corporate debtor  
4. Nominal share capital and the paid-up share capital of thecorporate debtor and/or details of guarantee clause as permemorandum of association (as applicable)  
5. Address of the registered office of the corporate debtor  
6. [ [Inserted by Notification No. G.S.R. 222(E), dated 14.3.2019 (w.e.f. 30.11.2016).] Details of The Corporate Debtor As Per The Notification Under Section 55 (2) of The Code –(i) Assets And Income(ii) Class of Creditors or Amount of Debt(iii) Category of Corporate Person(Where Application Is Under Chapter IV of Part II of The Code)];  
Part-III
Particulars of the Proposed interim ResolutionProfessional
1. Name, address, email address and the registration number ofthe proposed interim resolution professional  
Part-IV
Particulars of Financial Debt
1. Total amount of debt granted date(s) of disbursement  
2. Amount claimed to be in default and the date on which thedefault occurred(Attach the workings for computation ofamount and days of default in tabular form)  
Part-V
Particulars of Financial Debt [Documents,Records and Evidence of Default]
1. Particulars of security held, if any, the date of itscreation, its estimated value as per the creditor.Attach acopy of a certificate of registration of charge issued by theregistrar of companies (if the corporate debtor is a company)
2. Particulars of an order of a court, tribunal or arbitral paneladjudicating on the default, if any(Attach a copy of theorder)
3. Record of default with the information utility, if any(Attacha copy of such record)
4. Details of succession certificate, or probate of a will, orletter of administration, or courtDecree (as may beapplicable), under the Indian succession act, 1925 (10 of1925)(Attach a copy)
5. The latest and complete copy of the financial contractreflecting all amendments and waivers To Date(Attach a Copy)
6. A Record of default as available with any credit informationcompany(Attach a copy)
7. Copies of entries in a bankers book in accordance with thebankers books evidence act, 1891 (18 of 1891)(Attach a Copy)
8. List of other documents attached to this application in orderto prove the existence of financial debt, the amount and date ofdefault
I, hereby certify that, to the best of my knowledge, [name of proposed insolvency professional], is fully qualified and permitted to act as an insolvency professional in accordance with the Insolvency and Bankruptcy Code, 2016 and the associated rules and regulations.[Name of the financial creditor] has paid the requisite fee for this application through [state means of payment] on [date].Yours sincerely,
Signature of person authorized to act on behalf of thefinancial creditor
Name in block letters
Position with or in relation to the financial creditor
Address of person signing
InstructionsPlease attach the following to this application:
Annex I Copies of all documents referred to in this application.
Annex II Written communication by the proposed interim resolutionprofessional as set out in Form 2.
Annex III Proof that the specified application fee has been paid.
Annex IV Where the application is made jointly, the particularsspecified in this form shall be furnished in respect of all thejoint applicants along with a copy of authorization to thefinancial creditor to file and act on this application on behalfof all the applicants.
Form 2(See sub-rule (1) of rule 9)(Under rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016)Written Communication by proposed Interim Resolution Professional[Date]To,The National Company Law Tribunal[Address]From,[Name and address of the registered office of the proposed interim resolution professional]In the matter of [name of the corporate debtor]Subject: Written communication in connection with an application to initiate corporate insolvency resolution process in respect of [name of the corporate debtor]Madam/ Sir,I, [name of proposed interim resolution professional], an insolvency professional registered with [name of insolvency professional agency] having registration number [registration number] have been proposed as the interim resolution professional by [name of applicant financial creditor] in connection with the proposed corporate insolvency resolution process of [name of the corporate debtor].In accordance with rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, I hereby:
(i)agree to accept appointment as the interim resolution professional if an order admitting the present application is passed;
(ii)state that the registration number allotted to me by the Board is [insert registration number] and that I am currently qualified to practice as an insolvency professional;
(iii)disclose that I am currently serving as an interim resolution professional/ resolution professional/ liquidator in [insert number of proceedings] proceedings;
(iv)certify that there are no disciplinary proceedings pending against me with the Board or [name of the insolvency professional agency he is a member of];
(v)affirm that I am eligible to be appointed as a resolution professional in respect of the corporate debtor in accordance with the provisions of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016;
(vi)make the following 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;
(Signature of the insolvency professional)(Name in block letters)(Name of insolvency professional entity, if applicable)[Optional certification, if required by the applicant making an application under these Rules]I, hereby, certify that the facts averred by the applicant in the present application are true, accurate and complete and a default has occurred in respect of the relevant corporate debtor. I have reached this conclusion based on the following facts and/ or opinion:-[Please give details].(Signature of the insolvency professional)(Name in block letters)(Name of insolvency professional entity, if applicable)Form 3(See clause (a) of sub-rule (1) of rule 5)Form of Demand Notice/ Invoice Demanding Payment under the Insolvency and Bankruptcy Code, 2016(Under rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016)[Date]To,[Name and address of the registered office of the corporate debtor]From,[Name and address of the registered office of the operational creditor]Subject: Demand notice/ invoice demanding payment in respect of unpaid operational debt due from [corporate debtor] under the Code.Madam/ Sir,