Tarun got the membership on 30th June, 2014 as an Associates Member as well as the Certificate of Practice of the Institute of Company Secretaries of India. He has passed the Insolvency professional examination on 1st Ja

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2023
Tarun got the membership on 30th June, 2014 as an Associates Member as well as the Certificate of Practice of the Institute of Company Secretaries of India. He has passed the Insolvency professional examination on 1st January, 2023. On 31st March, 2023, he has applied for membership of Insolvency Professional. Citing the relevant provisions, examine whether he can do so? Explain the role of a Company Secretary as an Insolvency professional.

Answer & Explanation:

As per Regulation 5 of Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016, an individual shall be eligible for registration, if he: has passed the Limited Insolvency Examination within twelve months before the date of his application for enrolment with the insolvency professional agency; has completed a pre-registration educational course within twelve months from the date of payment of non-refundable application fee under regulation 6, as may be required by the Board, from an insolvency professional agency after his enrolment as a professional member; and has: successfully completed the National Insolvency Programme, as may be approved by the Board; or successfully completed the Post Graduate Insolvency Programme, as may approved by the Board; or experience of: ten years in the field of law, after receiving a Bachelor's degree in law; or ten years in management, after receiving a Master's degree in Management or two-year full time Post Graduate Diploma in Management; or fifteen years in management, after receiving a Bachelor's degree, from a university established or recognised by law or an Institute approved by All India Council of Technical Education; or ten years' of experience as: chartered accountant registered as a member of the Institute of Chartered Accountants of India, or company secretary registered as a member of the Institute of Company Secretaries of India, or cost accountant registered as a member of the Institute of Cost Accountants of India, or advocate enrolled with the Bar Council. Analysis: Tarun got his membership on 30th June, 2014. As of 31st March, 2023, he has less than 10 years of experience as a Company Secretary. The requirement for a Company Secretary to be eligible as an Insolvency Professional is ten years of experience. Conclusion: Therefore, Tarun cannot apply for membership as Insolvency Professional as he is not having the required experience of ten years. Role of Company Secretary as an Insolvency Professional: Company Secretaries having passed necessary examination, possessing prescribed number of years of experience, enrolled with an insolvency professional agency and registered with Insolvency and Bankruptcy Board of India (IBBI) as an insolvency professional, can take up matters relating to corporate insolvency resolution process as Interim Resolution Professionals/Resolution Professionals, as well as also take up voluntary liquidation cases. They can also act as authorized representatives for a class of creditors in a meeting of the Committee of Creditors in a resolution process.

Topics: Insolvency and Bankruptcy Code, 2016

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