What shall not be included in the liquidation estate assets under the Insolvency and Bankruptcy Code, 2016?
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2023
What shall not be included in the liquidation estate assets under the Insolvency and Bankruptcy Code, 2016?
Answer & Explanation:
The following shall not be included in the liquidation estate assets under the Insolvency and Bankruptcy Code: - (a) assets owned by a third party which are in possession of the corporate debtor, including – (i) assets held in trust for any third party; (ii) bailment contracts; (iii) all sums due to any workman or employee from the provident fund, the pension fund and the gratuity fund; (iv) other contractual arrangements which do not stipulate transfer of title but only use of the assets; and (v) such other assets as may be notified by the Central Government in consultation with any financial sector regulator; (b) assets in security collateral held by financial services providers and are subject to netting and set-off in multi-lateral trading or clearing transactions; (c) personal assets of any shareholder or partner of a corporate debtor as the case may be provided such assets are not held on account of avoidance transactions that may be avoided under this Chapter; (d) assets of any Indian or foreign subsidiary of the corporate debtor; or (e) any other assets as may be specified by the Board, including assets which could be subject to set-off on account of mutual dealings between the corporate debtor and any creditor.
Topics: Insolvency and Bankruptcy Code (IBC)
Related Questions in this Topic
- What are the duties of Resolution Professional during the Pre-Packaged Insolvency Resolution Process ?
- Under the Insolvency and Bankruptcy Code, 2016, a public announcement of the initiation of the corporate insolvency reso...
- An insolvency professional shall be eligible to be appointed as a liquidator for Voluntary Liquidation process if he and...
- Corporate Insolvency Resolution Process (CIRP) against XYZ Ltd. was initiated on application by its Financial Creditors ...
- A default in financial debt has arisen on September 20, 2020. Can a petition be filed in May, 2023 for the same? Explain...