Gazette Tracker
Gazette Tracker

Core Purpose

Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Amendment) Regulations, 2024, amending the First Schedule of the 2016 Regulations regarding resignation and permissible engagements of insolvency professionals.

Detailed Summary

Issued by the Insolvency and Bankruptcy Board of India (IBBI) as Notification No. IBBI/2023-24/GN/REG110 dated 31st January 2024 under clauses (aa) and (t) of sub-section (1) of Section 196, and Section 208 read with Section 240, of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), this notification promulgates the Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Amendment) Regulations, 2024, effective from the date of publication, amending the First Schedule of the IBBI (Insolvency Professionals) Regulations, 2016: it inserts new clause 22A permitting an insolvency professional to resign from an assignment subject to recommendation by the committee of creditors (in corporate insolvency resolution), the consultation committee (in liquidation), or the debtor/creditor (in personal guarantor insolvency resolution), and approval of the Adjudicating Authority, with duties continuing until resignation is approved; inserts an Explanation to clause 23B clarifying that an insolvency professional entity may engage its partners or directors for assignment work other than valuation and audit; and renumbers the existing Explanation to clause 23C as Explanation 1 while adding Explanation 2, permitting an insolvency professional entity to provide non-valuation, non-audit services connected to an assignment undertaken by its partners or directors; the notification is signed by Ravi Mital, Chairperson, under reference ADVT.-III/4/Exty./728/2023-24, and notes the principal 2016 Regulations (Notification No. IBBI/2016-17/GN/REG003, 23rd November 2016) were last amended by the Second Amendment Regulations, 2023 (Notification No. IBBI/2023-24/GN/REG104, 18th September 2023).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-01022024-251697 EXTRAORDINARY PART III-Section 4 PUBLISHED BY AUTHORITY No. 74] NEW DELHI, WEDNESDAY, JANUARY 31, 2024/MAGHA 11, 1945 639 GI/2024 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III-SEC.4] INSOLVENCY AND BANKRUPTCY BOARD OF INDIA NOTIFICATION New Delhi, the 31st January, 2024 Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Amendment) Regulations, 2024 No. IBBI/2023-24/GN/REG 110.—In exercise of the powers conferred by clauses (aa) and (t) of sub-section (1) of section 196, section 208 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 (Insolvency Professionals) Regulations, 2016, namely: - 1. (1) These regulations may be called the Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Amendment) Regulations, 2024. (2) They shall come into force on the date of publication in the Official Gazette. 2. In the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016, in First Schedule, (i) after clause 22, the following clause shall be inserted, namely: - "22A. An insolvency professional may resign from the assignment, subject to the recommendation of the committee of creditors in a corporate insolvency resolution process, consultation committee in liquidation process, the debtor or the creditor in the insolvency resolution process of personal guarantor to the corporate debtor, as the case may be, and the approval of the Adjudicating Authority. Explanation.- The insolvency professional shall continue to discharge his duties, functions and responsibilities till the approval of resignation by the Adjudicating Authority." (ii) in clause 23B, the following Explanation shall be inserted, namely: - "Explanation.- For the purposes of this clause, the insolvency professional which is an insolvency professional entity may engage or appoint its partners or directors, as the case may be, for or in connection with any work relating to any of its assignment other than work related to valuation and audit of the debtor." (iii) in clause 23C, the Explanation shall be renumbered as Explanation 1, and after Explanation 1 so renumbered, the following Explanation shall be inserted, namely: - "Explanation 2.- For the purposes of this clause, the insolvency professional which is an insolvency professional entity may provide any service, other than service related to valuation and audit, for or in connection with the assignment which is being undertaken by any of its partners or directors, as the case may be." RAVI MITAL, Chairperson [ADVT.-III/4/Exty./728/2023-24] Note: The Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 were published vide notification No. IBBI/2016-17/GN/REG003 dated 23rd November, 2016 in the Gazette of India, Extraordinary, Part III, Section 4, No. 424 on 23rd November, 2016 and were last amended by the Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Second Amendment) Regulations, 2023 published vide notification No. IBBI/2023-24/GN/REG104, dated 18th September, 2023 in the Gazette of India, Extraordinary, Part III, Section 4, No. 643 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.

Never miss important gazettes

Create a free account to save gazettes, add notes, and get email alerts for keywords you care about.

Sign Up Free