Section 235 of IBC – Insolvency and Bankruptcy Code, 2016 : Letter of request to a country outside India in certain cases

The Insolvency and Bankruptcy Code, 2016 Part-V Miscellaneous Section 235: Letter of request to a country outside India […]

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The Insolvency and Bankruptcy Code, 2016

Part-V Miscellaneous

Section 235: Letter of request to a country outside India in certain cases.

*235. (1) Notwithstanding anything contained in this Code or any law for the time being in force if, in the course of insolvency resolution process, or liquidation or bankruptcy proceedings, as the case may be, under this Code, the resolution professional, liquidator or bankruptcy trustee, as the case may be, is of the opinion that assets of the corporate debtor or debtor, including a personal guarantor of a corporate debtor, are situated in a country outside India with which reciprocal arrangements have been made under section 234, he may make an application to the Adjudicating Authority that evidence or action relating to such assets is required in connection with such process or proceeding.

(2) The Adjudicating Authority on receipt of an application under sub-section (1) and, on being satisfied that evidence or action relating to assets under sub-section (1) is required in connection with insolvency resolution process or liquidation or bankruptcy proceeding, may issue a letter of request to a court or an authority of such country competent to deal with such request.


Reference

*Effective from 01.04.2017.



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