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Union of India - Section

Section 3 in Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017

3. Eligibility for registration.

- No person shall be eligible to be registered as an information utility unless it is a public company and -
(a)its sole object is to provide core services and other services under these Regulations, and discharge such functions as may be necessary for providing these services;
(b)its shareholding and governance is in accordance with Chapter III;
(c)its bye-laws are in accordance with Chapter IV;
(d)it has a minimum net worth of fifty crore rupees;
(e)[ ***] [Omitted by Notification No. IBBI/2017-18/GN/REG016, dated 29.9.2017, (w.e.f. 31.3.2017).]
(f)[ ***] [Omitted by Notification No. IBBI/2017-18/GN/REG016, dated 29.9.2017, (w.e.f. 31.3.2017).]
(g)the person itself, its promoters, its directors, its key managerial personnel, and persons holding more than 5%, directly or indirectly, of its paid-up equity share capital or its total voting power, are fit and proper persons:
Explanation. - For determining whether a person is fit and proper under these Regulations, the Board may take account of relevant considerations, including-
(i)integrity, reputation and character,
(ii)absence of conviction by a court for an offence:
Provided that a person may be considered `fit and proper' if he has been sentenced to imprisonment for a period of less than six months;Provided that a person shall not be considered `fit and proper' if he has been sentenced to imprisonment for a period (a) of not less than six months, but less than seven years and a period of five years has not elapsed from the date of expiry of the sentence, or (b) of seven years or more.
(iii)absence of restraint order, in force, issued by a financial sector regulator or the Adjudicating Authority, and
(iv)financial solvency.