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[Cites 0, Cited by 0] [Section 40B] [Entire Act]

Union of India - Subsection

Section 40B(1) in Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016

(1)The insolvency professional, interim resolution professional or resolution professional, as the case may be, shall file the Forms, along with the enclosures thereto, on an electronic platform of the Board, as per the timelines stipulated against each Form, in the table below: -
Form No. Period covered and scope To be filed by Timeline
(1) (2) (3) (4)
IP 1 Pre-Assignment:This includes consent toaccept assignment as IRP / RP, the details of IP and theApplicant, the details of the person which will undergo theprocess, terms of consent, terms of engagement, etc. IP Within three days of signing of Form-2 of theInsolvency and Bankruptcy (Application to Adjudicating Authority)Rules, 2016 or Form-AA of the Regulations, as the case may be.
CIRP 1 From Commencement of CIRP till Issue ofPublic Announcement:This includes details of IRP, CD, andthe Applicant; admission of application by AA; publicannouncement; details of suggested Authorised Representatives;non-compliances with the provisions of the Code and other lawsapplicable to the CD; etc. IRP Within seven days of making the PublicAnnouncement under section 13.
CIRP 2 From Public Announcement till confirmation /replacement of IRP:This includes details of AuthorisedRepresentative selected by IRPs for a class of creditors; takingover management of the CD; receipt and verification of claims;constitution of CoC, first meeting of CoC; confirmation /replacement of IRP; applications seeking cooperation ofmanagement (if any); expenses incurred on or by IRP; relationshipof IRP with the CD, Financial Creditors and Professionals;support services taken from IPE; non-compliances with theprovisions of the Code and other laws applicable to the CD; etc. IRP Within seven days of confirmation/ replacementof IRP under section 22.
CIRP 3 From Appointment of RP till issue of IM toMembers of CoC:This includes details of RP; details ofregistered valuers; handing over of records of CD by IRP to RP;taking over management of the CD; applications seekingcooperation of management (if any); details in IM;non-compliances with the provisions of the Code and other lawsapplicable to the CD; etc. RP Within seven days of issue of IM to members ofCoC under regulation 36.
CIRP 4 From Issue of IM till issue of RFRP:Thisincludes expression of interest; RFRP and modification thereof;evaluation matrix and modification thereof; non-compliances withthe provisions of the Code and other laws applicable to the CD;etc. RP Within seven days of the issue of RFRP underregulation 36B.
CIRP 5 From Issue of RFRP till completion of CIRP:This includes updated list of claimants; updated CoC; details ofthe resolution applicants; details of resolution plans received;details of approval or rejection of resolution plans by CoC;application filed with AA for approval of resolution plan;details of resolution plan approved by the AA; initiation ofliquidation, if applicable; expenses incurred on or by RP;appointment of professionals and the terms of appointment;relationship of the RP with the CD, Financial Creditors, andProfessionals; support services taken from IPE; noncomplianceswith the provisions of the Code and other laws applicable to theCD; etc. RP Within seven days of the approval or rejectionof the resolution plan under section 31 or issue of liquidationorder under section 33, as the case may be, by the AA.
CIRP 6 Event Specific:This includes:a. Filing ofapplication in respect of preferential transaction, undervaluedtransaction, fraudulent transaction, and extortionatetransaction;b. Raising interimfinance;c. Commencement ofinsolvency resolution process of guarantors of the CD;d. Extension ofperiod of CIRP and exclusion of time; e. Premature closure of CIRP (appeal,settlement, withdrawal, etc.);f. Request forliquidation before completion of CIRP; andg. Non implementation of resolution plan, asapproved by the AA. IRP or RP, as the case may be. Within seven days of the occurrence of therelevant event.