PGB Regulation 5 of IBBI (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 – Appointment of professionals

The Insolvency and Bankruptcy Code, 2016 IBBI (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 Chapter […]

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The Insolvency and Bankruptcy Code, 2016

IBBI (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019

Chapter II – Bankruptcy Trustee

Regulation 5: Appointment of professionals.

5. (1) A bankruptcy trustee may appoint accountants, registered valuers, advocates or other professionals, as may be necessary, to assist him in the discharge of his duties, obligations and functions for a reasonable remuneration and such remuneration shall form part of the bankruptcy process cost:

Provided that the following persons shall not be appointed under this regulation, namely-

(a) a relative of the bankruptcy trustee;

(b) a partner or director of the insolvency professional entity of which the bankruptcy trustee is a partner or director;

(c) 1[***]

(d) an associate of the bankrupt;

(e) a related party of the corporate debtor.

(2) Before appointing a professional under sub-regulation (1), the bankruptcy trustee shall obtain a disclosure of details of the existence of any pecuniary or personal relationship with any of the creditors, the bankruptcy trustee, the corporate debtor or the bankrupt, from the professional.


References

1. Omitted by IBBI (Bankruptcy Process for Personal Guarantors to Corporate Debtors) (Amendment) Regulations, 2024 vide Notification No. IBBI/2023-24/GN/REG108 dated 31st January, 2024, w.e.f. 31.01.2024, the clause:

“(c) an insolvency professional who has acted or is acting as an interim resolution professional, a resolution professional or a liquidator in respect of the corporate debtor;”.



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