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Core Purpose

Notification of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) (Amendment) Regulations, 2024, amending regulation 4 and inserting new regulation 17A into the 2019 principal regulations.

Detailed Summary

This notification of the Insolvency and Bankruptcy Board of India (New Delhi, dated 31st January 2024, No. IBBI/2023-24/GN/REG107), issued 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), promulgates the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) (Amendment) Regulations, 2024, effective from the date of publication in the Official Gazette, amending the principal Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 (published vide Notification No. IBBI/2019-20/GN/REG050 dated 20th November 2019, Gazette of India, Extraordinary, Part III, Section 4, No. 413). In regulation 4, sub-regulation (1), Explanation, clause (i): sub-clause (a) is amended to insert the word 'and' after 'guarantor;', sub-clause (b) replaces '; and' with a full stop, and sub-clause (c) is omitted. A new regulation 17A ('Meeting of the creditors') is inserted after regulation 17, requiring the resolution professional to place the repayment plan under section 105 before a meeting of creditors, and, where no repayment plan is received within the period stipulated under section 106, to notify the creditors accordingly at such meeting. The notification is signed by Ravi Mital, Chairperson (ADVT.-III/4/Exty./725/2023-24).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-01022024-251689 EXTRAORDINARY PART III-Section 4 PUBLISHED BY AUTHORITY No. 71] NEW DELHI, WEDNESDAY, JANUARY 31, 2024 636 GI/2024 INSOLVENCY AND BANKRUPTCY BOARD OF INDIA NOTIFICATION New Delhi, the 31st January, 2024 Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) (Amendment) Regulations, 2024 No. IBBI/2023-24/GN/REG107.-In exercise of the powers conferred by clause (t) of sub-section (1) of section 196, 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 (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019, namely: - 1. (1) These regulations may be called the Insolvency and Bankruptcy Board of India (Insolvency Resolution 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 (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 (hereinafter referred to as 'the principal regulations'), in regulation 4, in sub-regulation (1), in Explanation, in clause (i), (i) in sub-clause (a), after the word and mark "guarantor;”, the word "and" shall be inserted. (ii) in sub-clause (b), for the mark and word “; and”, the mark “.” shall be substituted. (iii) sub-clause (c) shall be omitted. 3. In the principal regulations, after regulation 17, the following shall be inserted namely: - "17A. Meeting of the creditors. The resolution professional shall place the repayment plan as mentioned under section 105 in a meeting of the creditors for its consideration. Provided that where no repayment plan has been received within such period as stipulated under section 106, the resolution professional shall notify the same in a meeting of creditors." RAVI MITAL, Chairperson [ADVT.-III/4/Exty./725/2023-24] Note: The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 were published vide Notification No. IBBI/2019-20/GN/REG050, dated 20th November, 2019 in the Gazette of India, Extraordinary, Part III, Section 4, No. 413 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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