The Insolvency and Bankruptcy Code, 2016
IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
Chapter-II General
Regulation 3: Eligibility for resolution professional.
3. (1) An insolvency professional shall be eligible to be appointed as 1[an interim resolution professional or a resolution professional, as the case may be,] for a corporate insolvency resolution process of a corporate debtor if he, and all partners and directors of the insolvency professional entity of which he is a partner or director, are independent of the corporate debtor.
Explanation– A person shall be considered independent of the corporate debtor, if he:
(a) is eligible to be appointed as an independent director on the board of the corporate debtor under section 149 of the Companies Act, 2013 (18 of 2013), where the corporate debtor is a company;
(b) is not a related party of the corporate debtor; or
(c) is not an employee or proprietor or a partner:
(i) of a firm of auditors or 2[secretarial auditors] in practice or cost auditors of the corporate debtor; or
(ii) of a legal or a consulting firm, that has or had any transaction with the corporate debtor amounting to 3[five per cent] or more of the gross turnover of such firm,
in the last three financial years.
4[(1A) Where the committee decides to appoint the interim resolution professional as resolution professional or replace the interim resolution professional under section 22 or replace the resolution professional under section 27, it shall obtain the written consent of the proposed resolution professional in Form AA of the 5[Schedule-I].]
(2) 6[An interim resolution professional or a resolution professional, as the case may be,] shall make disclosures at the time of his appointment and thereafter in accordance with the Code of Conduct.
7[(3) An interim resolution professional or a resolution professional, who is a director or a partner of an insolvency professional entity, shall not continue as the interim resolution professional or resolution professional, as the case may be, in a corporate insolvency resolution process, if the insolvency professional entity or any other partner or director of such insolvency professional entity represents any other stakeholder in that corporate insolvency resolution process.]
References
1. Substituted by IBBI (CIRP) (Second Amendment) Regulations, 2021 vide Notification No. IBBI/2021-22/GN/REG075 dated 14th July, 2021, w.e.f. 14.07.2021 and shall apply to every CIRP ongoing or commencing on or after the date of coming into force of these regulations, for the words “a resolution professional“.
2. Substituted by IBBI (CIRP) (Second Amendment) Regulations, 2018 vide Notification No. IBBI/2017-18/GN/REG030, dated 27th March, 2018, w.e.f. 01.04.2018, for the words “company secretaries”.
3. Substituted by IBBI (CIRP) (Third Amendment) Regulations, 2018 vide Notification No. IBBI/2018-19/GN/REG031, dated 3rd July, 2018, w.e.f. 04.07.2018 and shall apply to corporate CIRP commencing on or after the said date, for the words “ten per cent“.
4. Inserted by IBBI (CIRP) (Third Amendment) Regulations, 2018 vide Notification No. IBBI/2018-19/GN/REG031, dated 3rd July, 2018, w.e.f. 04-07-2018 and shall apply to CIRP commencing on or after the said date.
5. Substituted by IBBI (CIRP) (Third Amendment) Regulations, 2022 vide Notification No. IBBI/2022-23/GN/REG091 dated 13th September, 2022, w.e.f. 13.09.2022, for the word “Schedule“.
6. Substituted by IBBI (CIRP) (Second Amendment) Regulations, 2021 vide Notification No. IBBI/2021-22/GN/REG075 dated 14th July, 2021, w.e.f. 14.07.2021 and shall apply to every CIRP ongoing or commencing on or after the date of coming into force of these regulations, for the words “A resolution professional“.
7. Substituted by IBBI (CIRP) (Second Amendment) Regulations, 2021 vide Notification No. IBBI/2021-22/GN/REG075 dated 14th July, 2021, w.e.f. 14.07.2021 and shall apply to every CIRP ongoing or commencing on or after the date of coming into force of these regulations, for the sub-regulation:
“(3) A resolution professional, who is a director or a partner of an insolvency professional entity, shall not continue as a resolution professional in a corporate insolvency resolution process if the insolvency professional entity or any other partner or director of such insolvency professional entity represents any of the other stakeholders in the same corporate insolvency resolution process.”.
Access complete Bare Act here. To research Section and sub-section wise judgments, visit here.
Follow for daily updates: