'Liquidation is the last process, when the resolution plan fails'. What are the triggers when there is no alternate except to move for the liquidation?

CS Professional · Insolvency - Law and Practice · PYQS · June 2019
'Liquidation is the last process, when the resolution plan fails'. What are the triggers when there is no alternate except to move for the liquidation?

Answer & Explanation:

Section 33 of the Insolvency and Bankruptcy Code, 2016 lists out the triggers for initiating the liquidation process for corporate persons. Section 33 of the Code provides as under: Where the Adjudicating Authority, before the expiry of the insolvency resolution process period or the maximum period permitted for completion of the corporate insolvency resolution process under section 12 of the Code or the fast track corporate insolvency resolution process under section 56 of the Code, as the case may be, does not receive a resolution plan under sub-section (6) of section 30 of the Code; or rejects the resolution plan under section 31 for the non-compliance of the requirements specified therein, it shall - pass an order requiring the corporate debtor to be liquidated in the manner as laid down in this Chapter; issue a public announcement stating that the corporate debtor is in liquidation; and require such order to be sent to the authority with which the corporate debtor is registered. Where the resolution professional, at any time during the corporate insolvency resolution process but before confirmation of resolution plan, intimates the Adjudicating Authority of the decision of the committee of creditors approved by not less than sixty-six per cent of the voting share to liquidate the corporate debtor, the Adjudicating Authority shall pass a liquidation order as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1). Where the resolution plan approved by the Adjudicating Authority is contravened by the concerned corporate debtor, any person other than the corporate debtor, whose interests are prejudicially affected by such contravention, may make an application to the Adjudicating Authority for a liquidation order as referred to in sub-clauses (i), (ii), (iii) of clause (b) sub-section (1). On receipt of an application under sub-section (3), if the Adjudicating Authority determines that the corporate debtor has contravened the provisions of the resolution plan, it shall pass a liquidation order as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub- section (1).

Topics: Liquidation Process

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