Explain the objective and procedural requirements for issuance of Public Notice under section 102 of the Insolvency and Bankruptcy Code, 2016.

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2019
Explain the objective and procedural requirements for issuance of Public Notice under section 102 of the Insolvency and Bankruptcy Code, 2016.

Answer & Explanation:

The objective of section 102 of the Insolvency and Bankruptcy Code, 2016 is to provide an opportunity to all the creditors to be a part of the repayment plan. Section 102 provides for the issuance of a public notice by the Adjudicating Authority inviting claims from the creditors of the debtor. Issuance of public notice According to sub-section (1) of section 102 of the Code , the Adjudicating Authority shall issue a public notice within seven days of passing the order under section 100 inviting claims from all creditors within twenty-one days of such issue. According to sub-section (3) of section 102 of the Code , such notice shall be- (a) published in at least one English and one vernacular newspaper which is in circulation in the state where the debtor resides; (b) affixed in the premises of the Adjudicating Authority; and (c) placed on the website of the Adjudicating Authority. Inclusion of certain details According to sub-section (2) of section 102 of the Code , the notice under sub-section (1) shall include- (a) details of the order admitting the application; (b) particulars of the resolution professional with whom the claims are to be registered; and (c) the last date for submission of claims.

Topics: Insolvency and Bankruptcy Code (IBC)

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