The Insolvency and Bankruptcy Code, 2016
IBBI (Insolvency Professionals) Regulations, 2016
Chapter III – Registration of Insolvency Professionals
Regulation 4: Eligibility.
4. 1[(1)] No individual shall be eligible to be registered as an insolvency professional if he-
(a) is a minor;
(b) is not a person resident in India;
(c) does not have the qualification and experience specified in Regulation 5 or Regulation 9, as the case may be;
(d) has been convicted by any competent court for an offence punishable with imprisonment for a term exceeding six months or for an offence involving moral turpitude, and a period of five years has not elapsed from the date of expiry of the sentence:
Provided that if a person has been convicted of any offence and sentenced in respect thereof to imprisonment for a period of seven years or more, he shall not be eligible to be registered;
(e) he is an undischarged insolvent, or has applied to be adjudicated as an insolvent;
(f) he has been declared to be of unsound mind; or
(g) he is not a fit and proper person;
Explanation: For determining whether an individual is fit and proper under these Regulations, the Board may take account of any consideration as it deems fit, including but not limited to the following criteria-
(i) integrity, reputation and character,
(ii) absence of convictions and restraint orders, and
(iii) competence, including financial solvency and net worth.
2[(2) No insolvency professional entity, recognised by the Board under regulation 13, shall be eligible to be registered as an insolvency professional, if the entity and/or any of its partner or director, as the case may be, is not fit and proper person under clause (g) of sub-regulation (1).]
References
1. Renumbered by IBBI (Insolvency Professionals) (Fourth Amendment) Regulations, 2022 vide Notification No. IBBI/2022-23/GN/REG099 dated 28th September, 2022, w.e.f. 28.09.2022.
2. Inserted by IBBI (Insolvency Professionals) (Fourth Amendment) Regulations, 2022 vide Notification No. IBBI/2022-23/GN/REG099 dated 28th September, 2022, w.e.f. 28.09.2022.
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