Section 240:
Power to make regulations.
(1) The Board may, by notification, make regulations consistent
with this Code and the rules made thereunder, to carry out the provisions of this Code.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:--
(a) the form and the manner of accepting electronic submission of financial information under
sub-clause (a) of clause (9) of section 3;
(b) the persons to whom access to information stored with the information utility may be
provided under sub-clause (d) of clause (9) of section 3;
(c) the other information under sub-clause (f) of clause (13) of section 3;
(d) the other costs under clause (e) of sub-section (13) of section 5;
(e) the cost incurred by the liquidator during the period of liquidation which shall be liquidation
cost under sub-section (16) of section 5;
1[(ea) the other costs under sub-clause (e) of clause (23C) of section 5;]
(f) the other record or evidence of default under clause (a), and any other information under
clause (c), of sub-section (3) of section 7;
2* * * * *
(h) the period under clause (a) of sub-section (3) of section 10;
(i) the supply of essential goods or services to the corporate debtor under sub-section (2) of
section 14;
3[(ia) circumstances in which supply of critical goods or services may be terminated, suspended
or interrupted during the period of moratorium under sub-section (2A) of section 14;]
(j) the manner of making public announcement under sub-section (2) of section 15;
4[(ja) the last date for submission of claims under clause (c) of sub-section (1) of section 15;]
(k) the manner of taking action and the restrictions thereof under clause (b) of sub-section (2) of
section 17;
(l) the other persons under clause (d) of sub-section (2) of section 17;
(m) the other matters under clause (d) of sub-section (2) of section 17;
(n) the other matters under sub-clause (iv) of clause (a), and the other duties to be performed by
the interim resolution professional under clause (g), of section 18;
4[(na) the number of creditors within a class of creditors under clause (b) of sub-section (6A) of
section 21;
(nb) the remuneration payable to authorised representative under clause (ii) of the proviso to
sub-section (6B) of section 21;
(nc) the manner of voting and determining the voting share in respect of financial debts under
sub-section (7) of section 21;]
(o) the persons who shall comprise the committee of creditors, the functions to be exercised such
committee and the manner in which functions shall be exercised under the proviso to sub-section (8)
of section 21;
(p) the other electronic means by which the members of the committee of creditors may meet
under sub-section (1) of section 24;
(q) the manner of assigning voting share to each creditor under sub-section (7) of section 24;
(r) the manner of conducting the meetings of the committee of creditors under sub-section (8) of
section 24;
(s) the manner of appointing accountants, lawyers and other advisors under clause (d) of
sub-section (2) of section 25;
5[(sa) other conditions under clause (h) of sub-section (2) of section 25;]
(t) the other actions under clause (k) of sub-section (2) of section 25;
(u) the form and the manner in which an information memorandum shall be prepared by the
resolution professional sub-section (1) of section 29;
(v) the other matter pertaining to the corporate debtor under the Explanation to sub-section (2) of
section 29;
(w) the manner of making payment of insolvency resolution process costs under clause (a), the
manner of 6[payment of debts] under clause (b), and the other requirements to which a resolution plan
shall conform to under clause (d), of sub-section (2) of section 30;
7[(wa) other requirements under sub-section (4) of section 30;].
(x) the fee for the conduct of the liquidation proceedings and proportion to the value of the
liquidation estate assets under sub-section (8) of section 34;
(y) the manner of evaluating the assets and property of the corporate debtor under clause (c), the
manner of selling property in parcels under clause (f), the manner of reporting progress of the
liquidation process under clause (n), and the other functions to be performed under clause (o), of
sub-section (1) of section 35;
(z) the manner of making the records available to other stakeholders under sub-section (2) of
section 35;
(za) the other means under clause (a) of sub-section (3) of section 36;
(zb) the other assets under clause (e) of sub-section (4) of section 36;
(zc) the other source under clause (g) of sub-section (1) of section 37;
(zd) the manner of providing financial information relating to the corporate debtor under
sub-section (2) of section 37;
(ze) the form, the manner and the supporting documents to be submitted by operational creditor to
prove the claim under sub-section (3) of section 38;
(zf) the time within which the liquidator shall verify the claims under sub-section (1) of
section 39;
(zg) the manner of determining the value of claims under section 41;
(zh) the manner of relinquishing security interest to the liquidation estate and receiving proceeds
from the sale of assets by the liquidator under clause (a), and the manner of realising security interest
under clause (b) of sub-section (1) of section 52;
(zi) the other means under clause (b) of sub-section (3) of section 52;
(zj) the manner in which secured creditor shall be paid by the liquidator under sub-section (9) of
section 52;
(zk) the period and the manner of distribution of proceeds of sale under sub-section (1) of
section 53;
8[(zka) such number of financial creditors and the manner of proposing the insolvency
professional, and the form for approving such insolvency professional by the financial creditors under
clause (e), the persons who shall provide approval under the proviso to clause (e), the form for
making a declaration under clause (f) of sub-section (2) of section 54A;
(zkb) the form for obtaining approval from financial creditors under sub-section (3), and the
persons who shall provide approval under the proviso to sub-section (3) of section 54A;
(zkc) the other conditions for the base resolution plan under clause (c), and such information and
documents under clause (d) of sub-section (4) of section 54A;
(zkd) the form in which the report is to be prepared under clause (a), such reports and other
documents under clause (b), and such other duties under clause (c) of sub-section (1), and the manner
of determining and bearing the fees in sub-section (3) of section 54B;
(zke) the form for providing written consent of the insolvency professional under clause (b), the
form for declaration under clause (c), the information relating to books of account and such other
documents relating to such period under clause (d) of sub-section (3) of section 54C;
(zkf) the form and manner for making application for termination of the pre-packaged insolvency
resolution process under sub-section (3) of section 54D;
(zkg) the form and manner of making public announcement under clause (c) of sub-section (1) of
section 54E;
(zkh) the manner of confirming the list of claims under clause (a), the manner of informing
creditors under clause (b), the manner of maintaining an updated list of claims under clause (c), the
form and manner of preparing the information memorandum under clause (g), and such other duties
under clause (i) of sub-section (2) of section 54F;
(zki) such other persons under clause (c), the manner of appointing accountants, legal or other
professionals under clause (e), such other matters under sub-clause (iv) of clause (f) and the manner of
taking other actions under clause (g) of sub-section (3) of section 54F;
(zkj) the manner of determination of fees and expenses as may be incurred by the resolution
professional under sub-section (6) of section 54F;
(zkk) the manner of bearing fees and expenses under sub-section (7) of section 54F;
(zkl) the form and manner of list of claims and preliminary information memorandum under
sub-section (1) of section 54G;
(zkm) the conditions under clause (a) of section 54H;
(zkn) the manner of alteration of the composition of the committee of creditors under the proviso
to sub-section (1) of section 54-I;
(zko) the form and manner of making application under sub-section (1) of section 54J;
(zkp) the manner of inviting prospective resolution applicants under sub-section (5) of
section 54K;
(zkq) the other conditions under sub-section (6) of section 54K;
(zkr) the conditions under clause (a) and the manner of providing the basis for evaluation of
resolution plans and the information referred to in section 29 under sub-section (7) of section 54K;
(zks) the conditions under the proviso to sub-section (10) of section 54K;
(zkt) the manner and conditions under sub-section (11) of section 54K;
(zku) the form and manner of filing application under the proviso to sub-section (12) of
section 54K;
(zkv) the other requirements under sub-section (13) of section 54K;
(zkw) the form for submission of written consent under clause (b) of sub-section (2) of section
54-O;]
(zl) the other means under clause (a) and the other information under clause (b) of section 57;
(zm) the conditions and procedural requirements under sub-section (2) of section 59;
(zn) the details and the documents required to be submitted under sub-section (7) of section 95;
(zo) the other matters under clause (c) of sub-section (3) of section 105;
(zp) the manner and form of proxy voting under sub-section (4) of section 107;
(zq) the manner of assigning voting share to creditor under sub-section (2) of section 109;
(zr) the manner and form of proxy voting under sub-section (3) of section 133;
(zs) the fee to be charged under sub-section (1) of section 144;
(zt) the appointment of other officers and employees under sub-section (2), and the salaries and
allowances payable to, and other terms and conditions of service of, such officers and employees of
the Board under sub-section (3), of section 194;
(zu) the other information under clause (i) of sub-section (1) of section 196;
(zv) the intervals in which the periodic study, research and audit of the functioning and
performance of the insolvency professional agencies, insolvency professionals and information
utilities under clause (r), and mechanism for disposal of assets under clause (t), of sub-section (1) of
section 196;
(zw) the place and the time for discovery and production of books of account and other
documents under clause (i) of sub-section (3) of section 196;
(zx) the other committees to be constituted by the Board and the other members of such
committees under section 197;
(zy) the other persons under clause (b) and clause (d) of section 200;
(zz) the form and the manner of application for registration, the particulars to be contained therein
and the fee it shall accompany under sub-section (1) of section 201;
(zza) the form and manner of issuing a certificate of registration and the terms and conditions
thereof, under sub-section (3) of section 201;
(zzb) the manner of renewal of the certificate of registration and the fee therefor, under
sub-section (4) of section 201;
(zzc) the other ground under clause (d) of sub-section (5) of section 201;
(zzd) the form of appeal to the National Company Law Appellate Tribunal, the period within
which it shall be filed under section 202;
(zze) the other information under clause (g) of section 204;
(zzf) the other grounds under Explanation to section 196;
(zzg) the setting up of a governing board for its internal governance and management under
clause (e), the curriculum under clause (l), the manner of conducting examination under clause (m) ,
of section 196;
(zzh) the time within which, the manner in which, and the fee for registration of insolvency
professional under sub-section (1) of section 207;
(zzi) the categories of professionals or persons, the qualifications and experience and the fields
under sub-section (2) of section 207;
(zzj) the manner and the conditions subject to which the insolvency professional shall perform his
function under clause (f) of sub-section (2) of section 208;
(zzk) the form and manner in which, and the fee for registration of information utility under
sub-section (1) of section 210;
(zzl) the form and manner for issuing certificate of registration and the terms and conditions
thereof, under sub-section (3) of section 210;
(zzm) the manner of renewal of the certificate of registration and the fee therefor, under
sub-section (4) of section 210;
(zzn) the other ground under clause (d) of sub-section (5) of section 210;
(zzo) the form, the period and the manner of filing appeal to the National Company Law
Appellate Tribunal under section 211;
(zzp) the number of independent members under section 212;
(zzq) the services to be provided by information utility and the terms and conditions under
section 213;
(zzr) the form and manner of accepting electronic submissions of financial information under
clause (b) and clause (c) of section 214;
(zzs) the minimum service quality standards under clause (d) of section 214;
(zzt) the information to be accessed and the manner of accessing such information under clause (f)
of section 214;
(zzu) the statistical information to be published under clause (g) of section 214;
(zzv) the form, the fee and the manner for submitting or accessing information under sub-section
(1) of section 215;
(zzw) the form and manner for submitting financial information and information relating to assets
under sub-section (2) of section 215;
(zzx) the manner and the time within which financial information may be updated or modified or
rectified under section 216;
(zzy) the form, manner and time of filing complaint under section 217;
(zzz) the time and manner of carrying out inspection or investigation under sub-section (2) of
section 218;
(zzza) the manner of carrying out inspection of insolvency professional agency or insolvency
professional or information utility and the time for giving reply under section 219;
(zzzb) the procedure for claiming restitution under sub-section (6), the period within which such
restitution may be claimed and the manner in which restitution of amount may be made under
sub-section (7) of section 220;
(zzzc) the other funds of clause (c) of sub-section (1) of section 222.
Notes:
1.Ins. by Act 26 of 2021, s. 16 (w.e.f. 4-4-2021).
2. Clause (g) omitted by Act 26 of 2018, s. 36 (w.e.f. 6-6-2018).
3. Ins. by Act 1 of 2020, s. 13 (w.e.f. 28-12-2019).
4. Ins. by s. 36, ibid. (w.e.f. 6-6-2018).
5. Ins. by Act 8 of 2018, s. 9 (w.e.f 23-11-2017).
6. Subs. by Act 26 of 2019, s. 9, for repayment of debts of operational creditors (w.e.f. 16-08-2019).
7. Ins. by Act 8 of 2018, s. 9 (w.e.f. 23-11-2017).
8. Ins. by Act 26 of 2021, s. 16 (w.e.f. 4-4-2021).