Anuja Tools Pvt. Ltd., a registered MSME, is facing severe cash flow issues and wants to initiate a Pre-Packaged Insolvency (PPIRP), a cost-effective and speedy resolution process. They engage Mr. Yugam Sharma, a registe
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2025
Anuja Tools Pvt. Ltd., a registered MSME, is facing severe cash flow issues and wants to initiate a Pre-Packaged Insolvency (PPIRP), a cost-effective and speedy resolution process. They engage Mr. Yugam Sharma, a registered IP, as their proposed RP. Section 54B outlines the duties of an Insolvency Professional (IP) who is proposed to be appointed as the Resolution Professional (RP) in a PPIRP. These duties are carried out before the application is filed with the Adjudicating Authority (NCLT). The section ensures that only viable cases reach the tribunal, and necessary due diligence is done to prevent abuse of the process. Elucidate the duties of Mr. Yugam Sharma under Section 54B(1) of the Insolvency and Bankruptcy Code, 2016. Also mention at what point will his duties under Section 54B(1) come to an end?
Answer & Explanation:
Duties of Resolution Professional before initiation of pre-packaged insolvency resolution process (Section 54B): As per Section 54B (1) of the Insolvency and Bankruptcy Code, 2016, the insolvency professional, proposed to be appointed as the resolution professional, shall have the following duties commencing from the date of the approval under clause (e) of sub-section (2) of section 54A, namely: - prepare a report in such form as may be specified, confirming whether the corporate debtor meets the requirements of section 54A, and the base resolution plan conforms to the requirements referred to in clause (c) of sub-section (4) of section 54A; file such reports and other documents, with the Board, as may be specified; and perform such other duties as may be specified. When will the duties of insolvency professional under Section 54B (1) of the Code cease? Section 54B (2) of the Insolvency and Bankruptcy Code, 2016 provides the following circumstances: If the corporate debtor fails to file an application for initiating prepackaged insolvency resolution process within the time period as stated under the declaration referred to in clause (f) of subsection (2) of section 54A; or The application for initiating prepackaged insolvency resolution process is admitted or rejected by the Adjudicating Authority, as the case may be. Therefore, Mr. Yugam Sharma's duties under Section 54B(1) will cease if Anuja Tools Pvt. Ltd. fails to file the application within the specified time, or if the NCLT admits or rejects the application for PPIRP.
Topics: Insolvency
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