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Core Purpose

Notification of the Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) (Amendment) Regulations, 2024, amending the 2019 principal regulations governing the bankruptcy process for personal guarantors to corporate debtors.

Detailed Summary

The Insolvency and Bankruptcy Board of India (IBBI), vide Notification No. IBBI/2023-24/GN/REG108 dated 31st January 2024, exercising powers under clause (t) of sub-section (1) of section 196 and section 240 read with clause (e) of section 2 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), made the Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) (Amendment) Regulations, 2024, effective from the date of publication, to amend the Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 (originally published vide Notification No. IBBI/2019-20/GN/REG051 dated 20th November 2019); the amendment modifies regulation 3(1)'s explanation by inserting the word 'and' after clause (a), substituting a full stop for '; and' in clause (b), and omitting clause (c) entirely, and further omits clause (c) of the proviso to regulation 5(1) of the principal regulations; the notification (ADVT.-III/4/Exty./726/2023-24) is signed by Ravi Mital, Chairperson.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-01022024-251687 EXTRAORDINARY PART III-Section 4 PUBLISHED BY AUTHORITY No. 72] NEW DELHI, WEDNESDAY, JANUARY 31, 2024/MAGHA 11, 1945 637 GI/2024 INSOLVENCY AND BANKRUPTCY BOARD OF INDIA NOTIFICATION New Delhi, the 31st January, 2024 Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) (Amendment) Regulations, 2024 No. IBBI/2023-24/GN/REG108.—In exercise of the powers conferred by clause (t) of sub-section (1) of section 196 and section 240 read with clause (e) of section 2 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Insolvency and Bankruptcy Board of India hereby makes the following regulations to amend the Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019, namely:— 1. (1) These regulations may be called the Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) (Amendment) Regulations, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 (hereinafter referred to as 'the principal regulations'), in regulation 3, in sub-regulation (1), in explanation, (i) in clause (a), after the word and mark "guarantor;", the word "and" shall be inserted. (ii) in clause (b), for the mark and word "; and", the mark "." shall be substituted. (iii) clause (c) shall be omitted. 3. In the principal regulations, in regulation 5, in sub-regulation (1), in the proviso, clause (c) shall be omitted. RAVI MITAL, Chairperson [ADVT.-III/4/Exty./726/2023-24] Note: The Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 were published vide Notification No. IBBI/2019-20/GN/REG051, dated 20th November, 2019 in the Gazette of India, Extraordinary, Part III, Section 4, No. 412 on 20th November, 2019. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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