Arun Verma had built a name for himself as one of the most reputable Insolvency Professional in the city. With years of experience in handling bankruptcy and insolvency cases, he was the go-to expert for several high-pro
CS Professional · Insolvency - Law and Practice · PYQS · June 2025
Arun Verma had built a name for himself as one of the most reputable Insolvency Professional in the city. With years of experience in handling bankruptcy and insolvency cases, he was the go-to expert for several high-profile businesses in financial distress. His reputation for efficiently managing complex insolvency cases was unmatched. But behind his professional facade, a series of ethical missteps were quietly beginning to surface. It all started with a case that came across his desk a few months ago—The Patel Group of Industries, a well-known manufacturing company, was facing severe financial troubles and had entered into insolvency proceedings. Arun was appointed as the Insolvency Resolution Professional (IRP) by the National Company Law Tribunal (NCLT). The pressure to resolve the case efficiently and to maintain his high standing in the industry weighed heavily on him. What the stakeholders, including the creditors and shareholders, did not know, however, was that Arun was not as transparent as he should have been. He had been accepting additional fees from the debtor company, outside of the formal arrangement, which was against the professional conduct expected of someone in his position. Arun had a habit of not disclosing these additional payments to the NCLT or other involved parties. But that wasn't all. As the case progressed, Arun found himself entangled in a web of favors that went beyond monetary transactions. During meetings with senior executives of Patel Group, he began accepting expensive gifts, ranging from luxury watches to designer handbags, as a form of gratitude for his services. To make matters worse, at the same time, he accepted lavish hospitality, including stays at five-star hotels and exclusive dinners, all paid for by the very company whose insolvency he was supposed to manage impartially. At first, Arun believed these small indulgences were harmless. "After all," he thought, "it's just a token of appreciation. Everyone does it." But soon, these "tokens" began to blur the line between ethical practice and corruption. Arun had become too comfortable with the perks and began to overlook the conflict of interest they created. He was no longer just the impartial professional managing an insolvency case; he had become a part of the very company he was meant to oversee. The tipping point came when one of the creditors raised a red flag. They had noticed some irregularities in the fees Arun had been receiving, particularly a lack of transparency in the invoices submitted by Arun. A detailed investigation by the creditor revealed that Arun had indeed been taking payments beyond what was disclosed to the NCLT and had been accepting personal gifts and excessive hospitality from the Patel Group, which could create a bias in his professional decisions. The creditor filed a formal complaint with the Insolvency and Bankruptcy Board of India (IBBI), which led to a thorough investigation into Arun's practices. Who was once a respected professional was now under scrutiny for violating the principles of transparency, integrity, and fairness. In the light of above information, answer the following questions stating the relevant provisions of the IBC, 2016. What are the guidelines about Remuneration, Gifting and other income by Resolution Professional.
Answer & Explanation:
Schedule I of IBBI (Insolvency Professionals) Regulations, 2016 deals with Code of Conduct for the Insolvency professional: Remuneration and Costs An insolvency professional must provide service for remuneration which is charged in a transparent manner, is a reasonable reflection of the work necessarily and properly undertaken, and is not inconsistent with the applicable regulations. An insolvency professional shall disclose the fee payable to him, the fee payable to the insolvency professional entity, and the fee payable to professionals engaged by him to the insolvency professional agency of which he is a professional member and the agency shall publish such disclosure on its website. An insolvency professional shall raise bills or invoices in its name towards its fees, and such fees shall be paid to it through banking channel. An insolvency professional shall ensure that the insolvency professional entity or the professional engaged by it raises bills or invoices in their own name towards their fees, and such fees shall be paid to them through banking channel. An insolvency professional shall not accept any fees or charges other than those which are disclosed to and approved by the persons fixing its remuneration. An insolvency professional shall not accept /share any fees or charges from any professional and/or support service provider who are appointed under the processes. An insolvency professional shall disclose all costs towards the insolvency resolution process costs, liquidation costs, or costs of the bankruptcy process, as applicable, to all relevant stakeholders, and must endeavour to ensure that such costs are not unreasonable. An insolvency professional shall, while undertaking assignment or conducting processes, exercise reasonable care and diligence and take all necessary steps to ensure that the corporate person complies with the applicable laws. An insolvency professional shall not include any amount towards any loss, including penalty, if any, in the insolvency resolution process cost or liquidation cost, incurred on account of non-compliance of any provision of the laws applicable on the corporate person while conducting the insolvency resolution process, fast track insolvency resolution process, liquidation process or voluntary liquidation process, under the Code. Gifts and Hospitality An insolvency professional, or his relative must not accept gifts or hospitality which undermines or affects his independence as an insolvency professional. An insolvency professional shall not offer gifts or hospitality or a financial or any other advantage to a public servant or any other person, intending to obtain or retain work for himself, or to obtain or retain an advantage in the conduct of profession himself.
Topics: Code of Conduct for Insolvency Professionals
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