IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, lists down the mandatory contents of the resolution plan. Explain.
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2022
IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, lists down the mandatory contents of the resolution plan. Explain.
Answer & Explanation:
Regulation 38 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, lists down the mandatory contents of the resolution plan which are as follows: The amount payable under a resolution plan (a) to the operational creditors shall be paid in priority over financial creditors; and (b) to the financial creditors, who have a right to vote under sub-section (2) of section 21 and did not vote in favour of the resolution plan, shall be paid in priority over financial creditors who voted in favour of the plan. A resolution plan shall include a statement as to how it has dealt with the interests of all stakeholders, including financial creditors and operational creditors, of the corporate debtor. A resolution plan shall include a statement giving details if the resolution applicant or any of its related parties has failed to implement or contributed to the failure of implementation of any other resolution plan approved by the Adjudicating Authority at any time in the past. A resolution plan shall provide: the term of the plan and its implementation schedule: the management and control of the business of the corporate debtor during its term; and adequate means for supervising its implementation. A resolution plan shall demonstrate that - it addresses the cause of default: it is feasible and viable: it has provisions for its effective implementation; it has provisions for approvals required and the timeline for the same; and the resolution applicant has the capability to implement the resolution plan.
Topics: Insolvency and Bankruptcy Code, 2016
Related Questions in this Topic
- Prabhu Polyesters Ltd. is undergoing Corporate Insolvency Resolution Process as per Insolvency and Bankruptcy Code, 2016...
- Section 81 of the IBC 2016 provides for the imposition of an interim moratorium. The purpose of the interim moratorium i...
- What are the duties of resolution professional before initiation of pre-packaged insolvency resolution process ?
- A director of a company in CIRP had moved the Hon'ble NCLT, Mumbai Bench, seeking the right to participate in the meetin...
- "One of the main functions of the committee of creditors (constituted by the Interim Resolution Professional under secti...