Act Number: 31

Act Name: The Insolvency and Bankruptcy Code, 2016.

Year: 2016

Enactment Date: 2016-05-28

Long Title: An Act to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues and to establish an Insolvency and Bankruptcy Board of India, and for matters connected therewith or incidental thereto.

Ministry: Ministry of Corporate Affairs

Department:

Section 10: Initiation of corporate insolvency resolution process by corporate applicant.
    (1) Where a corporate debtor has committed a default, a corporate applicant thereof may file an application for initiating corporate insolvency resolution process with the Adjudicating Authority.
     (2) The application under sub-section (1) shall be filed in such form, containing such particulars and in such manner and accompanied with such fee as may be prescribed.
     1 [(3) The corporate applicant shall, along with the application furnish the information relating to--
         (a) its books of account and such other documents relating to such period as may be specified; and
         (b) the resolution professional proposed to be appointed as an interim resolution professional.
        (c) the special resolution passed by shareholders of the corporate debtor or the resolution passed by at least three-fourth of the total number of partners of the corporate debtor, as the case may be, approving filing of the application.]
     (4) The Adjudicating Authority shall, within a period of fourteen days of the receipt of the application, by an order--
         (a) admit the application, if it is complete; 2[and no disciplinary proceeding is pending against the proposed resolution professional]; or
         (b) reject the application, if it is incomplete: 2[or any disciplinary proceeding is pending against the proposed resolution professional:]
     Provided that Adjudicating Authority shall, before rejecting an application, give a notice to the applicant to rectify the defects in his application within seven days from the date of receipt of such notice from the Adjudicating Authority.
     (5) The corporate insolvency resolution process shall commence from the date of admission of the application under sub-section (4) of this section.
Notes:
1 Subs. by s. 7, ibid., for sub-section (3) (w.e.f. 6-6-2018).
2 Ins. by Act 26 of 2018, s. 7 (w.e.f. 6-6-2018).
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