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Core Purpose

Regulations under Sections 196 and 205 read with Section 240 of the Insolvency and Bankruptcy Code, 2016 amending the validity and expiry rules for assignment authorisations issued by Insolvency Professional Agencies.

Detailed Summary

Issued by the Insolvency and Bankruptcy Board of India (IBBI) as Notification No. IBBI/2023-24/GN/REG111, dated 31st January 2024, titled the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) (Amendment) Regulations, 2024, these regulations, made under sections 196 and 205 read with section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), further amend the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016. In the Schedule to the 2016 Regulations, in paragraph VI, clause 12A, sub-clause (6) is substituted to provide that an authorisation for assignment issued or renewed by an Insolvency Professional Agency is valid for one year from issuance or renewal, except that it remains valid until 30th June of the year in which the one-year period would expire between 1st January and 30th June, or until 31st December of the year in which it would expire between 1st July and 31st December; a further proviso extends validity to the date a professional member turns seventy years old if that occurs during the period. The Regulations come into force on publication in the Official Gazette and are signed by Ravi Mital, Chairperson, under reference ADVT.-III/4/Exty./729/2023-24. A note records that the 2016 Regulations were published vide Notification No. IBBI/2016-17/GN/REG001 dated 21st November 2016 (Gazette Part III, Section 4, No. 421 of 22nd November 2016) and were last amended by the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) (Amendment) Regulations, 2023, published vide Notification No. IBBI/2023-24/GN/REG105 dated 18th September 2023 (Gazette Part III, Section 4, No. 644 of 18th September 2023).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-01022024-251688 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 75] NEW DELHI, WEDNESDAY, JANUARY 31, 2024/MAGHA 11, 1945 640 GI/2024 INSOLVENCY AND BANKRUPTCY BOARD OF INDIA NOTIFICATION New Delhi, the 31st January, 2024 Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) (Amendment) Regulations, 2024 No. IBBI/2023-24/GN/REG111.— In exercise of the powers conferred by sections 196 and 205 read with section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Insolvency and Bankruptcy Board of India hereby makes the following regulations further to amend the Insolvency and Bankruptcy Board of India (Model Bye- Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016, namely: - 1. (1) These regulations may be called the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) (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 (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016, in the Schedule, in para VI, in clause 12A, for sub-clause (6), the following sub-clause shall be substituted, namely: - "(6) An authorisation for assignment issued or renewed by the Agency shall be valid for a period of one year from the date of its issuance or renewal, as the case may be: Provided that an authorisation for assignment issued or renewed by the Agency shall be valid till 30th of June of the year where the expiry of the period of one year falls from 1st of January to 30th of June, or till 31st of December of the year where the expiry of the period of one year falls from 1st of July to 31st of December: Provided further that if the professional member attains the age of seventy years during this period, the authorisation for assignment shall be valid till such date." RAVI MITAL, Chairperson [ADVT.-III/4/Exty./729/2023-24] Note: The Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016 were published vide Notification No. IBBI/2016-17/GN/REG001 dated 21st November, 2016 in the Gazette of India, Extraordinary, Part III, Section 4, No. 421 on 22nd November, 2016 and were last amended by the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) (Amendment) Regulations, 2023 published vide Notification No. IBBI/2023-24/GN/REG105 dated 18th September 2023, in the Gazette of India, Extraordinary, Part III, Section 4, No. 644 on 18th September 2023. 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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