Section 30(2) in Insolvency And Bankruptcy Code, 2016
(2)The resolution professional shall examine each resolution plan received by him to confirm that each resolution plan-(a)provides for the payment of insolvency resolution process costs in a manner specified by the Board in priority to the [payment] [Substituted 'repayment' by Act No. 26 of 2018, dated 17.8.2018.] of other debts of the corporate debtor;(b)[ provides for the payment of debts of operational creditors in such manner as may be specified by the Board which shall not be less than - [Substituted by Act No. 26 of 2019, dated 5.8.2019.](i)the amount to be paid to such creditors in the event of a liquidation of the corporate debtor under section 53; or(ii)the amount that would have been paid to such creditors, if the amount to be distributed under the resolution plan had been distributed in accordance with the order of priority in sub-section (7) of section 53,whichever is higher, and provides for the payment of debts of financial creditors, who do not vote in favour of the resolution plan, in such manner as may be specified by the Board, which shall not be less than the amount to be paid to such creditors in accordance with sub-section (7) of section 53 in the event of a liquidation of the corporate debtor.Explanation 1. - For the removal of doubts, it is hereby clarified that a distribution in accordance with the provisions of this clause shall be fair and equitable to such creditors.Explanation 2. - For the purposes of this clause, it is hereby declared that on and from the date of commencement of the Insolvency and Bankruptcy Code (Amendment) Act, 2019, the provisions of this clause shall also apply to the corporate insolvency resolution process of a corporate debtor -(i)where a resolution plan has not been approved or rejected by the Adjudicating Authority;(ii)where an appeal has been preferred under section 61 or section 62 or such an appeal is not time barred under any provision of law for the time being in force; or(iii)where a legal proceeding has been initiated in any court against the decision of the Adjudicating Authority in respect of a resolution plan;](c)provides for the management of the affairs of the Corporate debtor after approval of the resolution plan;(d)the implementation and supervision of the resolution plan;(e)does not contravene any of the provisions of the law for the time being in force;(f)conforms to such other requirements as may be specified by the Board.[Explanation. - For the purposes of clause (e), if any approval of shareholders is required under the Companies Act, 2013 or any other law for the time being in force for the implementation of actions under the resolution plan, such approval shall be deemed to have been given and it shall not be a contravention of that Act or law.] [Inserted by Act No. 26 of 2018, dated 17.8.2018.]
