One of your clients approaches you as a Company Secretary in Practice seeking your advice on initiation of Corporate Insolvency Resolution Process under the provisions of Insolvency and Bankruptcy Code, 2016 ('IBC', 2016

CS Professional · Insolvency and Bankruptcy - Law and Practice · PYQS · December 2024
One of your clients approaches you as a Company Secretary in Practice seeking your advice on initiation of Corporate Insolvency Resolution Process under the provisions of Insolvency and Bankruptcy Code, 2016 ('IBC', 2016) on the following persons and to state under which provisions, the initiation can be done: A Foreign Company (incorporated outside India) and having a place of business in India.

Answer & Explanation:

Section 3(7) of the Insolvency and Bankruptcy Code, 2016 defines that "Corporate Person" means a company as defined in clause (20) of section 2 of the Companies Act, 2013, a limited liability partnership, as defined in clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008, or any other person incorporated with limited liability under any law for the time being in force but shall not include any financial service provider. Since, Company incorporated outside India is not falling under the definition of Corporate Person Application for initiation of CIRP cannot be filed in this case.

Topics: Corporate Persons

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