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Core Purpose

This notification introduces the Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) (Second Amendment) Regulations, 2026, to further amend the Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) Regulations, 2021.

Detailed Summary

The Insolvency and Bankruptcy Board of India (IBBI) has issued the Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) (Second Amendment) Regulations, 2026, in exercise of powers conferred by section 196 read with section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016). These regulations, which come into force on their publication in the Official Gazette, amend the Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) Regulations, 2021 (the 'principal regulations'), originally published vide notification No. IBBI/2021-22/GN/REG071, dated 9th April, 2021, and last amended by notification No. IBBI/2025-26/GN/REG138, dated 25th February, 2026. The amendments primarily substitute regulation 38 concerning the appointment of registered valuers, mandating that the resolution professional appoint a set of registered valuers within three days to determine the fair and liquidation value of the corporate debtor, unless the committee decides in writing to appoint two sets. It also explicitly prohibits related parties, recent auditors (within five years preceding the pre-packaged insolvency commencement date), partners/directors of the RP's insolvency professional entity, and relatives of the RP/partners/directors from being appointed as registered valuers. Furthermore, sub-regulation (1) of regulation 39 is amended with several textual changes and substitutions for clauses (e) and (f), clarifying how fair value and liquidation value are to be determined, particularly when one or two sets of registered valuers are appointed under regulation 38. The regulations are signed by RAVI MITAL, Chairperson.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-20052026-272742 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 330] NEW DELHI, WEDNESDAY, MAY 20, 2026/VAISAKHA 30, 1948 INSOLVENCY AND BANKRUPTCY BOARD OF INDIA NOTIFICATION New Delhi, the 19th May, 2026 Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) (Second Amendment) Regulations, 2026 F. No. IBBI/2026-27/GN/REG143.— In exercise of the powers conferred by 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 (Pre-Packaged Insolvency Resolution Process) Regulations, 2021, namely: - 1. (1) These regulations may be called Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) (Second 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 (Pre-Packaged Insolvency Resolution Process) Regulations, 2021, (hereinafter referred to as 'the principal regulations'), in regulation 38, the following regulation shall be substituted, namely: - "38. Appointment of registered valuers. The resolution professional shall within three days of his appointment, appoint a set of registered valuers to determine the fair value and the liquidation value of the corporate debtor, unless the committee decides, for reasons to be recorded in writing, to appoint two sets of registered valuers: Provided that the following persons shall not be appointed as registered valuers, namely: — (a) a related party of the corporate debtor; (b) an auditor of the corporate debtor at any time during the five years preceding the pre-packaged insolvency commencement date; (c) a partner or director of the insolvency professional entity of which the resolution professional is a partner or director; or (d) a relative of the resolution professional or of a partner or director of the insolvency professional entity of which the resolution professional is a partner or director." 3. In the principal regulations, in regulation 39, in sub-regulation (1), (i) in clause (a) for the words "within each set" the words "within that set" shall be substituted. (ii) in clause (a) the words "for that set" shall be omitted. (iii) in clause (b) for the words "coordinating valuers" the words "the coordinating valuer” shall be substituted. (iv) in clause (c) for the words “their respective set”, the words "the set" shall be substituted. (v) in clause (d) for the words "a set”, the words "the set” shall be substituted and the words "within that set" shall be omitted. (vi) for clause (e), the following clause shall be substituted, namely:- "(e) the fair value as submitted by the coordinating valuer in accordance with clause (d) shall be considered as the fair value of the corporate debtor. Provided that where two sets of registered valuers are appointed under regulation 38, the average of the two estimates of the fair value submitted by the coordinating valuers shall be considered as the fair value of the corporate debtor." (vii) for clause (f), the following clause shall be substituted, namely:- "(f) the aggregate of the estimates of the liquidation value submitted by registered valuer in each asset class shall be considered as the liquidation value of the corporate debtor. Provided that where two sets of registered valuers are appointed under regulation 38, the aggregate of the average of the two estimates of the liquidation value submitted by registered valuers in each asset class shall be considered as the liquidation value of the corporate debtor." RAVI MITAL, Chairperson [ADVT.-III/4/Exty./98/2026-27] Note: The Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) Regulations, 2021 were published vide notification No. IBBI/2021- 22/GN/REG071, dated 9th April, 2021 in the Gazette of India, Extraordinary, Part III, Section 4, No. 151 on dated 9th April, 2021 and were last amended by the Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) (Amendment) Regulations, 2026 published vide notification No. IBBI/2025-26/GN/REG138, dated the 25th February, 2026 in the Gazette of India, Extraordinary, Part III, Section 4, No.138 on 25th February, 2026. 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. SAVASTAVAMAR SRIVASTAVA

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