The Resolution Professional of Arc Private Limited has to issue notice of meeting of Committee of Creditors. Specify: Category of persons entitled to receive notice of the meeting. Category of persons not entitled to vot
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2024
The Resolution Professional of Arc Private Limited has to issue notice of meeting of Committee of Creditors. Specify: Category of persons entitled to receive notice of the meeting. Category of persons not entitled to vote at the meeting.
Answer & Explanation:
Section 24 of the Insolvency and Bankruptcy Code, 2016 (IBC) lays down the procedure for conducting the meetings of the Committee of Creditors (CoC). The resolution professional shall give notice of each meeting of the committee of creditors to: members of committee of creditors, including the authorised representatives referred to in sub sections (6) and (6A) of section 21 and sub-section (5), members of the suspended Board of Directors or the partners of the corporate persons, as the case may be, operational creditors or their representatives if the amount of their aggregate dues is not less than ten percent of the debt [Section 24(3)]. The directors, partners and one representative of operational creditors, as referred to in sub-section (3), may attend the meetings of committee of creditors, but shall not have any right to vote in such meetings. The absence of any such director, partner or representative of operational creditors, as the case may be, shall not invalidate proceedings of such meeting. Section 21 of the Code states that the committee of creditors shall comprise all financial creditors of the corporate debtor. It is provided that a financial creditor or the authorised representative of the financial creditor referred to in sub-section (6) or sub-section (6A) or sub-section (5) of section 24, if it is a related party of the corporate debtor, shall not have any right of representation, participation or voting in a meeting of the committee of creditors
Topics: Committee of Creditors (CoC)
Related Questions in this Topic
- Mr. P is unable to pay his debt and wants to apply under the Insolvency and Bankruptcy Code 2016 for a fresh start proce...
- Comment on Professional Assistance to Company Liquidator as per provision of section 291 of the Companies Act, 2013. A c...
- A resolution plan shall provide for the measures, as may be necessary, for insolvency resolution of the corporate debtor...
- Explain the provision on actions to avoid acts detrimental to creditors as per provision of the Article 23 of the UNCITR...
- 'The Ministry of Corporate Affairs has constituted the Insolvency Law Committee (ILC) to recommend amendments to the Ins...