"All the assets that are in possession of the Corporate Debtor undergoing liquidation are to be taken into custody by the Liquidator". Would you analyse the statement?

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2021
"All the assets that are in possession of the Corporate Debtor undergoing liquidation are to be taken into custody by the Liquidator". Would you analyse the statement?

Answer & Explanation:

For the purposes of liquidation, the liquidator shall form an estate of the assets mentioned, which will be called the liquidation estate in relation to the corporate debtor. The liquidator shall hold the liquidation estate as a fiduciary for the benefit of all the creditors. All the assets of the Corporate Debtor in liquidation are to be taken into custody by the Liquidator on receipt of the order of appointment by National Company Law Tribunal. Section 36 of the Insolvency and Bankruptcy Code, 2016 (IBC) elaborates the term Liquidation Estate. Accordingly, all such assets that are either in the possession of the Corporate Debtor at its own premises or any other place including encumbered assets, intangible assets such as intellectual property rights, securities, insurance policies, any assets that have been recovered through proceedings for avoidable transactions and assets that have been relinquished by the secured creditors. Liquidation Estate does not include assets held in trust for third parties, bailment contracts, and amounts due to workmen towards provident fund, pension or gratuity, leased assets, such other assets as prescribed. Liquidator needs to distinguish between assets that could be included and excluded for taking into custody.

Topics: Insolvency and Bankruptcy Code

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