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Core Purpose

Notification of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations, 2024, further amending the 2016 Regulations under clause (t) of sub-section (1) of section 196 read with section 240 of the Insolvency and Bankruptcy Code, 2016.

Detailed Summary

The Insolvency and Bankruptcy Board of India (IBBI), exercising powers under clause (t) of sub-section (1) of section 196 read with section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), notified the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations, 2024 (No. IBBI/2024-25/GN/REG116) on 24th September 2024, effective from the date of publication in the Official Gazette, further amending the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (notified vide No. IBBI/2016-17/GN/REG004 dated 30th November 2016 and last amended vide No. IBBI/2023-24/GN/REG113 dated 15th February 2024). In regulation 12(3), the cross-reference to "sub-regulation (2)" is replaced with "sub-regulation (1)"; in regulation 16A(1), the proviso on disregarding an insolvency professional's choice as authorised representative for a financial creditor class in Form CA received after the stipulated time is substituted, and a new proviso is inserted in regulation 16A(2) providing that pending consideration by the Adjudicating Authority of an application for appointment of the authorised representative for a class of creditors, the insolvency professional selected under sub-regulation (1) shall act as an interim representative with the rights and duties of an authorised representative; and in regulation 40A's Table, the row for Regulation 12(2) is omitted and the entry for Regulation 13(1) is amended to remove references to verification of claims under regulation 12(2) and the "T+97" timeline. Signed by Ravi Mital, Chairperson, IBBI.

Full Text

EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 752] NEW DELHI, TUESDAY , SEPTEMBER 24, 2024 /ASVINA 2, 194 6 CG-DL-E-24092024-257454 INSOLVENCY AND BANKRUPTCY BOARD OF INDIA NOTIFICATION New Delhi, the 24th September, 2024 , 202 4 Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations, 2024. No. IBBI/2024 -25/GN/ REG116 .— 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 Corporate Persons) Regulations, 2016, namely: - 1. (1) These regulations may be called the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Second 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 Corporate Persons) Regulations, 2016 (hereinafter referred to as ‘the principal regulations’), in regulation 12, in sub-regulation (3), for the words , figure and mark “sub-regulation (2)”, the words , figure and mark “sub-regulation ( 1)” shall be substituted . 3. In the principal regulations, in regulation 16A, (1) in sub -regulation (1), for the proviso , the following proviso shall be substituted, namely: - “Provided that the choice of an insolvency professional to act as an authorised representative by a financial creditor in a class in Form CA shall not be considered, if the Form CA is received after the time stipulated in the public announcement.” (2) in sub -regulation (2), (i) for the word , figure and mark “regulation 12 .”, the word, figure and mark “regulation 12:” shall be substituted. (ii) the following proviso shall be inserted , namely: - “Provided that till the application for appointment of the authorised representative for a class of creditors is under consideration before the Adjudicating Authority, the insolvency professional selected under sub -regulation (1) shall act as an interim representative for such class of creditors , and shall be entitled to attend the meetings of the committee and shall have such rights and duties as that of an authorised representative .” 4. In the principal regulations, in regulation 40A, in the Table, (1) The row relating to Regulation 12(2 ), shall be omitted . (2) In the row relating to Regulation 13(1), (i) in column titled ‘Description of Activity’, the words , figures and marks “Verification of claims received under regulation 12(2) ” shall be omitted. (ii) in column titled ‘Latest Timeline’, the word, figure and mark “T+97 ” shall be omitted. RAVI MITAL, Chairperson [ADVT. -III/4/Exty./ 521/2024 -25] Note : The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 were published vide notification No. IBBI/2016 - 17/GN/REG004, dated 30th November, 2016 in the Gazette of India, Extraordinary, Part III, Section 4, No. 432 on 30th November, 2016 and were last amended by the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2024 published vide notification No. IBBI/2023 -24/GN/REG113, dated the 15th February, 2024 in the Gazette of India, Extraordinary, Part III, Section 4, No. 99 on 15th February, 2024. 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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