The Committee of Creditors of a Corporate Debtor by passing a resolution with fifty five per cent of voting shares, wants to remove Mr. B as a Resolution Professional after taking his consent in writing in advance. Pleas
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2023
The Committee of Creditors of a Corporate Debtor by passing a resolution with fifty five per cent of voting shares, wants to remove Mr. B as a Resolution Professional after taking his consent in writing in advance. Please examine keeping in view of the provisions of the IBC Code that whether the CoC can remove the RP by passing a resolution with fifty five per cent voting shares.
Answer & Explanation:
As per Section 27 of the Insolvency & Bankruptcy Code 2016: (1) 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. (2) 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. (3) The committee of creditors shall forward the name of the insolvency professional proposed by them to the Adjudicating Authority. (4) 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. (5) Where any disciplinary proceedings are pending against the proposed resolution professional under sub-section (3), the resolution professional appointed under section 22 shall continue till the appointment of another resolution professional under this section. Hence, approval of 66% voting rights shares of CoC is required for replacing the resolution professional. So, Mr. B cannot be removed as RP with CoC passing resolution constituting 55% voting shares.
Topics: Insolvency and Bankruptcy Code, 2016
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