Explain the different functions of Insolvency professionals.
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2017
Explain the different functions of Insolvency professionals.
Answer & Explanation:
Functions and obligations of Insolvency professionals under the provisions of section 208 of the Insolvency and Bankruptcy Code, 2016 are: Where any insolvency resolution, fresh start, liquidation or bankruptcy process has been initiated, it shall be the function of an insolvency professional to take such actions as may be necessary, in the following matters, namely: A fresh start order process under Chapter II of Part III; Individual insolvency resolution process under Chapter III of Part III; Corporate insolvency resolution process under Chapter II of Part II; Individual bankruptcy process under Chapter IV of Part III; and Liquidation of a corporate debtor firm under Chapter III of Part II. Every Insolvency Professional shall abide by the following code of conduct: To take reasonable care and diligence while performing his duties. To comply with all requirements and terms and conditions specified in the bye-laws of the Insolvency Professional Agency of which he is a member. To allow the insolvency professional agency to inspect his records. To submit a copy of the records of every proceedings before the adjudicating authority to the Board as well as to the Insolvency Professional Agency of which he is a member. To perform his function in such manner and subject to such conditions as may be prescribed. In the resolution process, the insolvency professional manage the affairs of the debtor as a going concern, collect information relating to the assets, finances and operations of corporate debtor for determining the financial position, verifies the claims of the creditors, constitutes a creditors committee, runs the debtor's business during the moratorium period and helps the creditors in reaching a consensus for a revival plan. In liquidation, the insolvency professional acts as a liquidator and bankruptcy trustee.
Topics: Insolvency
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