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Core Purpose

This notification introduces the Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) (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), 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), issued Notification F. No. IBBI/2025-26/GN/REG138 on February 25, 2026. These regulations, titled the Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) (Amendment) Regulations, 2026, came into force on the date of their publication in the Official Gazette. They amend the Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) Regulations, 2021, which were originally published vide notification No. IBBI/2021- 22/GN/REG071 dated 9th April, 2021. The amendments include substituting regulation 2(1)(g) to redefine "fair value" as the estimated realizable value of the corporate debtor or its assets on the insolvency commencement date, exchanged between a willing buyer and seller in an arm's length transaction, after proper marketing, with knowledgeable, prudent, and uncompelled parties, specifically accounting for all tangible and intangible assets and underlying synergies. Regulation 38 is amended to require the appointment of "two sets of" registered valuers. Furthermore, regulation 39(1) is entirely substituted to detail the manner of determining fair value and liquidation value: this involves two sets of registered valuers (one per asset class as defined under the Companies (Registered Valuers and Valuation) Rules, 2017), with a coordinating valuer designated within each set by the resolution professional in consultation with the committee. Valuers must explain their methodology to the committee, conduct physical verification, and submit reports on fair and liquidation value based on Board-notified standards. The fair value of the corporate debtor is computed as the average of the two estimates from the coordinating valuers, while the liquidation value is the average of the two estimates from registered valuers in each asset class. A new regulation 39(1A) is inserted, mandating registered valuers to prepare valuation reports and maintain documentation according to formats notified by the Board through circular. The notification was signed by Ravi Mital, Chairperson.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-25022026-270487 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 138] NEW DELHI, WEDNESDAY, FEBRUARY 25, 2026/PHALGUNA 6, 1947 INSOLVENCY AND BANKRUPTCY BOARD OF INDIA NOTIFICATION New Delhi, the 25th February, 2026 Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) (Amendment) Regulations, 2026 F. No. IBBI/2025-26/GN/REG138.—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 (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) (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 2, in sub-regulation (1), for clause (g) the following clause shall be substituted, namely:- "(g) "fair value" means the estimated realizable value of the corporate debtor or the assets of the corporate debtor, as the case may be, if they were to be exchanged on the insolvency commencement date between a willing buyer and a willing seller in an arm's length transaction, after proper marketing, and where the parties had acted knowledgeably, prudently, and without compulsion. Explanation- The estimated realizable value of the corporate debtor shall be computed after taking into account the total estimated realizable value of all the assets of the corporate debtor including but not limited to tangible and intangible assets, along-with their underlying synergies.” 3. In the principal regulations, in regulation 38, after the words "appoint two" the words "sets of" shall be inserted. 4. In the principal regulations, in regulation 39, for sub-regulation (1) the following shall be substituted namely:- "(1) Fair value and liquidation value shall be determined in the following manner, namely:- (a) the set of registered valuers appointed under regulation 38 shall comprise of one registered valuer for each asset class of the corporate debtor and within each set, one registered valuer shall be designated as the coordinating valuer for that set by the resolution professional, in consultation with the committee, for computation of the fair value of the corporate debtor; Explanation- For the purpose of clause (a), "asset class” means the definition provided under the Companies (Registered Valuers and Valuation) Rules, 2017; (b) the resolution professional shall facilitate a meeting wherein the registered valuers, including coordinating valuers, shall explain the methodology being adopted to arrive at the valuation, to the members of the committee, before computation of estimates; (c) each registered valuer shall, after physical verification of the inventory and fixed assets of the corporate debtor, submit to the resolution professional and the coordinating valuer of their respective set, a report on the fair value of the assets of the corporate debtor and the liquidation value, computed in accordance with such valuation standards as notified by the Board through circular; (d) the coordinating valuer of a set shall compute the fair value of the corporate debtor after considering the fair value of the assets as computed by the registered valuers within that set, along with their underlying synergies, and submit the same to the resolution professional; (e) 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; and (f) 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." 5. In the principal regulations, in regulation 39, after sub-regulation (1), the following shall be inserted, namely:- "(1A) For the purposes of this regulation, a registered valuer shall prepare the valuation report and maintain such documentation as per the format notified by the Board through circular." RAVI MITAL, Chairperson [ADVT.-III/4/Exty./715/2025-26] 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. 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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