Section 11 of Insolvency and Bankruptcy Code, 2016 (IBC): Persons not entitled to make application

The Insolvency and Bankruptcy Code, 2016

Part-II Insolvency Resolution and Liquidation for Corporate Persons

Chapter-II Corporate Insolvency Resolution Process

Section 11: Persons not entitled to make application.

*11. The following persons shall not be entitled to make an application to initiate corporate insolvency resolution process under this Chapter, namely:—

(a) a corporate debtor undergoing a corporate insolvency resolution process 1[or a pre-packaged insolvency resolution process]; or

1[(aa) a financial creditor or an operational creditor of a corporate debtor undergoing a pre-packaged insolvency resolution process; or]

(b) a corporate debtor having completed corporate insolvency resolution process twelve months preceding the date of making of the application; or

1[(ba) a corporate debtor in respect of whom a resolution plan has been approved under Chapter III-A, twelve months preceding the date of making of the application; or]

(c) a corporate debtor or a financial creditor who has violated any of the terms of resolution plan which was approved twelve months before the date of making of an application under this Chapter; or

(d) a corporate debtor in respect of whom a liquidation order has been made.

Explanation 2[I].—For the purposes of this section, a corporate debtor includes a corporate applicant in respect of such corporate debtor.

2[Explanation II.- For the purposes of this section, it is hereby clarified that nothing in this section shall prevent a corporate debtor referred to in clauses (a) to (d) from initiating corporate insolvency resolution process against another corporate debtor.]


Reference

*Effective from 01.12.2016.

1. Ins. by the IBC (Amendment) Ordinance, 2021, w.e.f. 04.04.2021.

2. The Explanation numbered as Explanation I and thereafter inserted Explanation II by the IBC (Amendment) Act, 2020, w.e.f. 28.12.2019.

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