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 25: Duties of resolution professional.
    (1) It shall be the duty of the resolution professional to preserve and protect the assets of the corporate debtor, including the continued business operations of the corporate debtor.
     (2) For the purposes of sub-section (1), the resolution professional shall undertake the following actions, namely:—
         (a) take immediate custody and control of all the assets of the corporate debtor, including the business records of the corporate debtor;
         (b) represent and act on behalf of the corporate debtor with third parties, exercise rights for the benefit of the corporate debtor in judicial, quasi-judicial or arbitration proceedings;
         (c) raise interim finances subject to the approval of the committee of creditors under section 28;
         (d) appoint accountants, legal or other professionals in the manner as specified by Board;
         (e) maintain an updated list of claims;
         (f) convene and attend all meetings of the committee of creditors;
         (g) prepare the information memorandum in accordance with section 29;
         1 [(h) invite prospective resolution applicants, who fulfil such criteria as may be laid down by him with the approval of committee of creditors, having regard to the complexity and scale of operations of the business of the corporate debtor and such other conditions as may be specified by the Board, to submit a resolution plan or plans.].
         (i) present all resolution plans at the meetings of the committee of creditors;
         (j) file application for avoidance of transactions in accordance with Chapter III, if any; and
        (k) such other actions as may be specified by the Board.
Notes:
1 Subs. by Act 8 of 2018, s. 4, for clause (h) (w.e.f. 23-11-2017).
Scroll to Top