The Insolvency and Bankruptcy Code, 2016
IBBI (Voluntary Liquidation Process) Regulations, 2017
Chapter VII-Proceeds of Liquidation and Distribution of Proceeds
Regulation 37: Completion of liquidation.
37. 1[(1) The liquidator shall endeavour to complete the liquidation process of the corporate person and submit the Final Report under regulation 38 within: –
(a) two hundred and seventy days from the liquidation commencement date where the creditors have approved the resolution under clause (c) of sub-section (3) of section 59 or clause (c) of sub-regulation (1) of regulation 3, and
(b) ninety days from the liquidation commencement date in all other cases.]
(2) In the event of the liquidation process continuing for more than 2[the period stipulated in sub-regulation (1)], the liquidator shall-
3[(a) hold a meeting of the contributories of the corporate person within fifteen days –
(i) from the end of two hundred and seventy days or ninety days, as the case may be, and
(ii) thereafter at the end of every succeeding two hundred and seventy days or ninety days, as the case may be,
as stipulated in sub-regulation (1), till submission of application for dissolution of the corporate person; and]
(b) shall present an 4[***] Status Report(s) indicating progress in liquidation, including-
(i) settlement of list of stakeholders,
(ii) details of any assets that remains to be sold and realized,
(iii) distribution made to the stakeholders, 5[***]
(iv) distribution of unsold assets made to the stakeholders;
(v) developments in any material litigation, by or against the corporate person; 5[***]
(vi) filing of, and developments in applications for avoidance of transactions in accordance with Chapter III of Part II of the Code 6[; and].
7[(vii) the reasons for not completing the process within stipulated time period and the additional time required for completing the process.]
(3) The 4[***] Status Report shall enclose the audited accounts of the liquidation showing the receipts and payments pertaining to liquidation since the liquidation commencement date.
7[(4) The liquidator shall file the Status Report with the Board within seven days of the meeting of contributories.]
References
1. Substituted by IBBI (Voluntary Liquidation Process) (Amendment) Regulations, 2022 vide Notification No. IBBI/2022-23/GN/REG.081 dated 5th April, 2022, w.e.f. 05.04.2022, for the sub-regulation:
“(1) The liquidator shall endeavor to complete the liquidation process of the corporate person within twelve months from the liquidation commencement date.”.
2. Substituted by IBBI (Voluntary Liquidation Process) (Amendment) Regulations, 2024 vide Notification No. IBBI/2023-24/GN/REG109 dated 31st January, 2024, w.e.f. 31.01.2024, for the words “twelve months”.
3. Substituted by IBBI (Voluntary Liquidation Process) (Amendment) Regulations, 2024 vide Notification No. IBBI/2023-24/GN/REG109 dated 31st January, 2024, w.e.f. 31.01.2024, for the clause:
“(a) hold a meeting of the contributories of the corporate person within fifteen days from the end of the twelve months from the liquidation commencement date, and at the end every succeeding twelve months till dissolution of the corporate person; and”.
4. Omitted by IBBI (Voluntary Liquidation Process) (Amendment) Regulations, 2024 vide Notification No. IBBI/2023-24/GN/REG109 dated 31st January, 2024, w.e.f. 31.01.2024, the word “Annual”.
5. Omitted by IBBI (Voluntary Liquidation Process) (Amendment) Regulations, 2024 vide Notification No. IBBI/2023-24/GN/REG109 dated 31st January, 2024, w.e.f. 31.01.2024, the word “and”.
6. Substituted by IBBI (Voluntary Liquidation Process) (Amendment) Regulations, 2024 vide Notification No. IBBI/2023-24/GN/REG109 dated 31st January, 2024, w.e.f. 31.01.2024, for the mark “.“.
7. Inserted by IBBI (Voluntary Liquidation Process) (Amendment) Regulations, 2024 vide Notification No. IBBI/2023-24/GN/REG109 dated 31st January, 2024, w.e.f. 31.01.2024.
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