Insolvency and Bankruptcy (Pre-Packaged Insolvency Resolution Process) Rules, 2021
MINISTRY OF CORPORATE AFFAIRS
New Delhi, the 9th April, 2021
G.S.R. 256(E).—In exercise of the powers conferred by sub-section (1) and clause (fd) of sub-section (2) of section 239 read with sub-section (2) of section 54C of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), as amended by the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 (3 of 2021), the Central Government hereby makes the following rules, namely:-
1. Short title and commencement. – (1) These rules may be called the Insolvency and Bankruptcy (pre-packaged insolvency resolution process) Rules, 2021.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Application. – These rules shall apply to the matters relating to the pre-packaged insolvency resolution process.
3. Definitions. – (1) In these rules, unless the context otherwise requires, –
(a) “Code” means the Insolvency and Bankruptcy Code, 2016 (31 of 2016);
(b) “pre-packaged insolvency resolution process” means the insolvency resolution process for corporate persons under Chapter III-A of Part II of the Code;
(c) “Form” means a Form appended to these rules; and
(d) “identification number” means the limited liability partnership identification number or the corporate identity number, as the case may be, of the corporate person.
(2) Unless the context otherwise requires, words and expressions used and not defined herein, shall have the same meaning respectively assigned to them in the Code.
4. Filing of application. – (1) A corporate applicant, shall make an application for initiating pre-packaged insolvency resolution process under sub-section (1) of section 54C of the Code in Form 1, accompanied with affidavit, documents or records as referred in Annexures therein, in electronic form, along with a fee of rupees fifteen thousand:
Provided that in case, electronic facility is not available for filing such application, the application and the accompanying documents may be filed in physical form, and wherever the accompanying documents are bulky, the same may be submitted in scanned portable document format in a data storage device such as a compact disc or a USB flash drive acceptable to the Adjudicating Authority.
(2) The corporate applicant under sub-rule (1) shall serve a copy of the application to the Board by registered post or speed post or by hand or by electronic means, before filing it with the Adjudicating Authority.
(3) The application shall be filed before the Adjudicating Authority in accordance with rules 20, 21, 22, 23, 24 and 26 of the National Company Law Tribunal Rules, 2016.
(4) A corporate applicant shall inform the Adjudicating Authority about the filing of any winding up petition against the corporate debtor after becoming aware about such filing.