"Resolution Professional may be replaced at any time during the corporate insolvency process by the committee of creditors". Comment.
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2024
"Resolution Professional may be replaced at any time during the corporate insolvency process by the committee of creditors". Comment.
Answer & Explanation:
Section 27 of the Insolvency and Bankruptcy Code, 2016 provides that a resolution professional may be replaced at any time during the corporate insolvency resolution process by the committee of creditors by a sixty-six percent majority of voting shares. Section 27 of the Code reads as follows: Where, at any time during the corporate insolvency resolution process, the committee or creditors is of the opinion that a resolution professional appointed under section 22 is required to be replaced, it may replace him with another resolution professional in the manner provided under this section. The committee of creditors may, at a meeting, by a vote of sixty-six per cent of voting shares, resolve to replace the resolution professional appointed under section 22 with another resolution professional, subject to a written consent from the proposed resolution professional in the specified form. The committee of creditors shall forward the name of the insolvency professional proposed by them to the Adjudicating Authority. The Adjudicating Authority shall forward the name of the proposed resolution professional to the Board for its confirmation and a resolution professional shall be appointed in the same manner as laid down in section 16. Where any disciplinary proceedings are pending against the proposed resolution professional under subsection (3), the resolution professional appointed under section 22 shall continue till the appointment of another resolution professional under this section.
Topics: Insolvency and Bankruptcy Code, 2016
Related Questions in this Topic
- Prabhu Polyesters Ltd. is undergoing Corporate Insolvency Resolution Process as per Insolvency and Bankruptcy Code, 2016...
- Section 81 of the IBC 2016 provides for the imposition of an interim moratorium. The purpose of the interim moratorium i...
- What are the duties of resolution professional before initiation of pre-packaged insolvency resolution process ?
- A director of a company in CIRP had moved the Hon'ble NCLT, Mumbai Bench, seeking the right to participate in the meetin...
- "One of the main functions of the committee of creditors (constituted by the Interim Resolution Professional under secti...