An insolvency professional shall be eligible to be appointed as a liquidator if he, and every partner or director of the insolvency professional entity of which he is a partner or director is independent of the corporate
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2019
An insolvency professional shall be eligible to be appointed as a liquidator if he, and every partner or director of the insolvency professional entity of which he is a partner or director is independent of the corporate person. How will you judge that a person is independent of the corporate person?
Answer & Explanation:
According to Regulation 3 (1) of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 , a person shall be considered independent of the corporate person, if he - (a) is eligible to be appointed as an independent director on the Board of the corporate person under section 149 of the Companies Act, 2013 , where the corporate person is a company; (b) is not a related party of the corporate person; or (c) has not been an employee or proprietor or a partner - of a firm of auditors or secretarial auditors or cost auditors of the corporate person; or of a legal or a consulting firm, that has or had any transaction with the corporate person contributing ten per cent or more of the gross turnover of such firm, in the last three years.
Topics: Insolvency Professional (Liquidator)
Related Questions in this Topic
- Mr. P is unable to pay his debt and wants to apply under the Insolvency and Bankruptcy Code 2016 for a fresh start proce...
- Comment on Professional Assistance to Company Liquidator as per provision of section 291 of the Companies Act, 2013. A c...
- A resolution plan shall provide for the measures, as may be necessary, for insolvency resolution of the corporate debtor...
- Explain the provision on actions to avoid acts detrimental to creditors as per provision of the Article 23 of the UNCITR...
- 'The Ministry of Corporate Affairs has constituted the Insolvency Law Committee (ILC) to recommend amendments to the Ins...