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Core Purpose

This notification introduces the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) (Amendment) Regulations, 2026, to further amend the 2019 regulations.

Detailed Summary

The Insolvency and Bankruptcy Board of India, exercising powers conferred by clause (t) of sub-section (1) of section 196 read with section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), has issued the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) (Amendment) Regulations, 2026 (F. No. IBBI/2026-27/GN/REG149). These regulations, effective from their publication in the Official Gazette on June 2, 2026, amend the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019. Key amendments include the omission of clause (e) in regulation 3 and the replacement of references to "Form A", "Form B", and "Form C" in regulations 4(2), 7(1), and 16(2) respectively, with "such form as notified by the Board through circular"; consequently, Forms A, B, and C are omitted entirely. A new regulation 6A mandates the submission of a "Statement of assets" for purposes of sections 94 and 95, requiring a complete and true statement of all assets (including cash, business interests, investments, immovable property, retirement funds, digital assets like cryptocurrencies and NFTs, intellectual property, valuable movable assets, agricultural assets, receivables, claims, and ESOPs) with supporting evidence, encompassing assets owned directly/indirectly, individually/jointly, in a fiduciary capacity, through beneficial ownership, or over which the individual exercises control. For section 95 applications, the creditor must file available asset information. Additionally, new regulation 11A introduces "Facilitation of transfer of assets", requiring the resolution professional of a personal guarantor to coordinate with the corporate debtor's resolution professional for asset transfer in the corporate insolvency resolution process under section 28A, subject to approval from the meeting of creditors and appropriate disclosure in reports under sections 106 and 112. Regulation 11(3) is amended to insert "sub-section (3A) of section 106 and", and regulation 17B is amended to replace specific wording with "in accordance with sub-section (1A) of section 106". The principal regulations were originally published vide notification No. IBBI/2019-20/GN/REG050, dated November 20, 2019, and last amended by notification F. No. IBBI/2025-26/GN/REG131, dated November 20, 2025.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-03062026-273087 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 368] NEW DELHI, TUESDAY, JUNE 2, 2026/JYAISTHA 12, 1948 3953 GI/2026 INSOLVENCY AND BANKRUPTCY BOARD OF INDIA NOTIFICATION New Delhi, the 1st June, 2026 Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) (Amendment) Regulations, 2026 F. No. IBBI/2026-27/GN/REG149.— In exercise of the powers conferred by clause (t) of sub-section (1) of section 196 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 to further 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, 2026. (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 Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019, (hereinafter referred to as 'the principal regulations'), in regulation 3, clause (e) shall be omitted. 3. In the principal regulations, in regulation 4, in sub-regulation (2), for the words “Form A”, the words “such form as notified by the Board through circular” shall be substituted. 4. In the principal regulations, after regulation 6, the following regulation shall be inserted, namely:- "6A. Statement of assets. (1) For the purposes of sections 94 and 95, along with the application for initiating the insolvency resolution process to be submitted to the Adjudicating Authority, a complete and true statement of all assets including the following, with supporting evidence, shall also be submitted: (a) Cash and Bank Deposits - Cash in hand; balances in savings or current accounts; fixed deposits; recurring deposits; post office savings instruments; and balances held in digital wallets or similar instruments. (b) Business Interests and Commercial Assets - Any ownership, whether sole or joint, in a proprietorship, partnership, limited liability partnership, or company, including all associated assets such as inventory, plant and machinery, tools of trade, professional equipment, and goodwill. (c) Investments (Domestic and Overseas) - Investments in shares, debentures, bonds, mutual funds, government securities, and any other financial instruments, including investments made outside India such as foreign bank accounts, securities, and immovable properties. (d) Immovable Property - All rights, title, or interest in immovable property, including residential, commercial, or industrial property, agricultural land, and leasehold or freehold interests. (e) Retirement and Provident Fund Assets - Balances or entitlements in provident funds, pension funds, gratuity, superannuation funds, and any other retirement benefit schemes. (f) Digital Assets - Cryptocurrencies, virtual digital assets, non-fungible tokens, digital tokens, and domain names or other digital properties having commercial value. (g) Intellectual Property and Intangible Assets Patents, trademarks, copyrights, licences, franchises, brand value, goodwill, royalty rights, and any other intangible assets. (h) Valuable Movable Assets - Jewellery, precious metals and stones, works of art, antiques, collectibles, watches, and high-value electronic or personal assets. (i) Agricultural Assets and Livestock - Agricultural produce, livestock, and related agricultural equipment. (j) Receivables and Advances - Trade receivables, loans and advances given, tax refunds due, security deposits, salary arrears, and any other sums receivable. (k) Claims and Contingent Assets - Claims under litigation or arbitration, insurance claims, expected inheritances, and beneficial interests under trusts or similar arrangements. (l) ESOPs and Beneficial Ownership Interests - Employee stock options (ESOPs) (whether vested or unvested), securities or assets held through nominees, and any beneficial interest in any entity, trust, or arrangement. Provided that for the purposes of an application under section 95, the creditor shall file information relating to the assets of the individual to the extent available with the creditor. (2) The statement of assets shall mandatorily include: (a) assets owned directly or indirectly, whether in the name of the individual or otherwise; (b) assets held individually or jointly with any other person; (c) assets held in a fiduciary capacity, including as trustee, guardian, executor, or partner; (d) assets held through beneficial ownership structures, including through nominees, trusts, partnerships, companies, Hindu Undivided Families, or any other arrangement conferring beneficial interest or control; and (e) any asset over which the individual exercises control, influence, or derives economic benefit, irrespective of legal title." 5. In the principal regulations, in regulation 7, in sub-regulation (1), for the words “Form B”, the words "such form as notified by the Board through circular" shall be substituted. 6. In the principal regulations, in regulation 11, in sub-regulation (3), after the words "in accordance with", the words, marks and numerical "sub-section (3A) of section 106 and" shall be inserted. 7. In the principal regulations, after regulation 11, the following regulation shall be inserted, namely: - "11A. Facilitation of transfer of assets. (1) Where the debtor is a personal guarantor who is undergoing an insolvency resolution process, the resolution professional of such debtor who has given the personal guarantee shall coordinate with the resolution professional of the corporate debtor in respect of whom such guarantee has been given, regarding transfer of assets in the corporate insolvency resolution process of the corporate debtor in respect of whom such guarantee has been given for the purposes of section 28A. (2) For the purposes of section 28A, the resolution professional shall obtain approval from the meeting of creditors of the debtor who has given the personal guarantee for transfer of assets in the corporate insolvency resolution process of the corporate debtor in respect of whom such guarantee has been given. (3) Where approval is granted by the meeting of creditors permitting the transfer, the resolution professional of the debtor shall ensure that the proposed transfer is appropriately disclosed in the report under section 106 and section 112.". 8. In the principal regulations, in regulation 16, in sub-regulation (2), for the words “Form C”, the words “such form as notified by the Board through circular” shall be substituted. 9. In the principal regulations, in regulation 17B, for the words “intimating the non-submission of a repayment plan and seek appropriate directions", the words, mark and numerical "in accordance with sub-section (1A) of section 106" shall be substituted. 10. In the principal regulations, Form A, Form B and Form C shall be omitted. RAVI MITAL, Chairperson [ADVT.-III/4/Exty./138/2026-27] 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 and were last amended by the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) (Second Amendment) Regulations, 2025 published vide notification F. No. IBBI/2025-26/GN/REG131, dated the 20th November, 2025 in the Gazette of India, Extraordinary, Part III, Section 4, No.752 on the 21st November, 2025 . 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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