There are certain persons who are not entitled to make application to NCLT for initiation of corporate insolvency resolution process. Explain.

CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2018
There are certain persons who are not entitled to make application to NCLT for initiation of corporate insolvency resolution process. Explain.

Answer & Explanation:

The following persons shall not be entitled to make application to NCLT for initiation of corporate insolvency resolution process: a corporate debtor undergoing a corporate insolvency resolution process; or a corporate debtor having completed corporate insolvency resolution process twelve months preceding the date of making of the application; or a corporate debtor or a financial creditor who has violated any of the terms of resolution plan which was approved twelve months preceding the date of making application; or a corporate debtor in respect of whom a liquidation order has been passed so that finality of the liquidation order is ensured. For making an application, a corporate debtor includes a corporate applicant in respect of such corporate debtor.

Topics: Insolvency and Bankruptcy Code (IBC)

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