Who can be an Interim Resolution Professional (IRP), a Resolution Professional (RP), a Liquidator or a Voluntary Liquidator under Insolvency and Bankruptcy Code, 2016? Briefly enumerate eligibility conditions.
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2024
Who can be an Interim Resolution Professional (IRP), a Resolution Professional (RP), a Liquidator or a Voluntary Liquidator under Insolvency and Bankruptcy Code, 2016? Briefly enumerate eligibility conditions.
Answer & Explanation:
As an Interim Resolution Professional (IRP), Resolution Professional (RP), Liquidator or Voluntary Liquidator under relevant regulations. According to Regulation 4 of the IBBI (Insolvency Professionals) Regulations, 2016, no individual shall be eligible to be registered as an insolvency professional if he - is a minor; is not a person resident in India; does not have the qualification and experience specified in regulations 5 or 9 of the IBBI (Insolvency Professionals) Regulations, 2016, as the case may be; has been convicted by any competent court for an offence punishable with imprisonment for a term exceeding six months or for an offence involving moral turpitude, and a period of five years has not elapsed from the date of expiry of the sentence. Provided that, if a person has been convicted of any offence and sentenced in respect thereof to imprisonment for a period of seven years or more, he shall not be eligible to be registered; he is an undischarged insolvent, or has applied to be adjudicated as an insolvent; he has been declared to be of unsound mind; or he is not a fit and proper person. Explanation: For determining whether an individual is fit and proper under these Regulations, the Board may take account of any consideration as it deems fit, including but not limited to the following criteria- integrity, reputation and character; absence of convictions and restraint order; and competence, including financial solvency and net worth. No insolvency professional entity, recognised by the Board under regulation 13 shall be eligible to be registered as an insolvency professional, if the entity and/or any of its partner or director, as the case may be, is not fit and proper person.
Topics: Insolvency Professionals
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