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[Cites 0, Cited by 3] [Section 30] [Entire Act]

Union of India - Subsection

Section 30(4) in Insolvency And Bankruptcy Code, 2016

(4)[ The committee of creditors may approve a resolution plan by a vote of not less than [sixty-six] [Substituted by Act No. 8 of 2018, dated 18.1.2018] per cent. of voting share of the financial creditors, after considering its feasibility and viability [the manner of distribution proposed, which may take into account the order of priority amongst creditors as laid down in sub-section (7) of section 53, including the priority and value of the security interest of a secured creditor] [Inserted by Act No. 26 of 2019, dated 5.8.2019.] and such other requirements as may be specified by the Board:Provided that the committee of creditors shall not approve a resolution plan submitted before the commencement of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017, where the resolution applicant is ineligible under section 29A and may requires the resolution professional to invite a fresh resolution plan where no other resolution plan is available with it.Provided further that where the resolution applicant referred to in the first proviso is ineligible under clause (c) of section 29A, the resolution applicant shall be allowed by the committee of creditors such period not exceeding thirty days to make payment of overdue amount in accordance with the proviso to clause (c) of section 29A.Provided also that nothing in the second proviso shall be construed as extension of period for the purposes of the proviso to sub-section (3) of section 12 and the corporate insolvency resolution process shall be completed within the period specified in that sub-section]. [Inserted by Act No. 26 of 2018, dated 17.8.2018.][Provided also that the eligibility criteria in section 29A as amended by the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (ord. 6 of 2018) shall apply to the resolution applicant who has not submitted resolution plan as on the date of commencement of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (ord. 6 of 2018).] [Inserted by Act No. 26 of 2018, dated 17.8.2018.]