PL Enterprise, an Operational Creditor to XYZ Ltd., a corporate debtor is in the process of making an application to NCLT for initiating the insolvency resolution process. Advise PL enterprise about the enclosures to suc

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2021
PL Enterprise, an Operational Creditor to XYZ Ltd., a corporate debtor is in the process of making an application to NCLT for initiating the insolvency resolution process. Advise PL enterprise about the enclosures to such an application.

Answer & Explanation:

Section 9 (3) of the Insolvency and Bankruptcy Code, 2016 lays down that an application by the operational creditor shall, be accompanied with the following documents: a copy of the invoice demanding payment or demand notice delivered by the operational creditor to the corporate debtor; an affidavit to the effect that there is no notice given by the corporate debtor relating to a dispute of the unpaid operational debt; a copy of the certificate from the financial institutions maintaining accounts of the operational creditor confirming that there is no payment of an unpaid operational debt by the corporate debtor, if available; a copy of any record with information utility confirming that there is no payment of an unpaid operational debt by the corporate debtor, if available; and any other proof confirming that there is no payment of any unpaid operational debt by the corporate debtor or such other information, as may be prescribed.

Topics: Insolvency and Bankruptcy Code, 2016

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