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

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. The definition corporate person specifically excludes 'Financial Service Provider'. Since, NBFC which is registered with Reserve Bank of India falls under the definition of 'Financial Service Provider' Application for initiation of 'CIRP cannot be filed in this case.