Section 34:
Appointment of liquidator and fee to be paid.
(1) Where the Adjudicating Authority passes
an order for liquidation of the corporate debtor under section 33, the resolution professional appointed for
the corporate insolvency resolution process under 1 [Chapter II 2[or for the pre-packaged insolvency
resolution process under Chapter III-A] shall subject to submission of a written consent by the resolution professional to the Adjudicatory Authority in specified form,] act as the liquidator for the purposes of
liquidation unless replaced by the Adjudicating Authority under sub-section (4).
(2) On the appointment of a liquidator under this section, all powers of the board of directors, key
managerial personnel and the partners of the corporate debtor, as the case may be, shall cease to have
effect and shall be vested in the liquidator.
(3) The personnel of the corporate debtor shall extend all assistance and cooperation to the liquidator
as may be required by him in managing the affairs of the corporate debtor and provisions of section 19
shall apply in relation to voluntary liquidation process as they apply in relation to liquidation process with
the substitution of references to the liquidator for references to the interim resolution professional.
(4) The Adjudicating Authority shall by order replace the resolution professional, if
(a) the resolution plan submitted by the resolution professional under section 30 was rejected for
failure to meet the requirements mentioned in sub-section (2) of section 30; or
(b) the Board recommends the replacement of a resolution professional to the Adjudicating
Authority for reasons to be recorded 3
[in writing; or]
4
[(c) the resolution professional fails to submit written consent under sub-section (1).]
(5) For the purposes of 5
[clauses (a) and (c)] of sub-section (4), the Adjudicating Authority may direct
the Board to propose the name of another insolvency professional to be appointed as a liquidator. .
(6) The Board shall propose the name of another insolvency professional 4
[along with written consent
from the insolvency professional in the specified form,] within ten days of the direction issued by the
Adjudicating Authority under sub-section (5).
(7) The Adjudicating Authority shall, on receipt of the proposal of the Board for the appointment of
an insolvency professional as liquidator, by an order appoint such insolvency professional as the
liquidator.
(8) An insolvency professional proposed to be appointed as a liquidator shall charge such fee for the
conduct of the liquidation proceedings and in such proportion to the value of the liquidation estate assets,
as may be specified by the Board.
(9) The fees for the conduct of the liquidation proceedings under sub-section (8) shall be paid to the
liquidator from the proceeds of the liquidation estate under section 53.
Notes:
1 Subs. by s. 26, ibid, for Chapter II shall (w.e.f 6-6-2018).
2. Ins. by Act 26 of 2021, s. 7 (w.e.f. 4-4-2021).
3 Subs. by Act 26 of 2018, s. 26, for in writing (w.e.f. 6-6-2018).
4 Ins. by s. 26, ibid (w.e.f 6-6-2018).
5 Subs. by s. 26, ibid, for clause (a) (w.e.f. 6-6-2018).