Section 36:
Liquidation estate.
(1) For the purposes of liquidation, the liquidator shall form an estate of the
assets mentioned in sub-section (3), which will be called the liquidation estate in relation to the corporate
debtor.
(2) The liquidator shall hold the liquidation estate as a fiduciary for the benefit of all the creditors.
(3) Subject to sub-section (4), the liquidation estate shall comprise all liquidation estate assets which
shall include the following:—
(a) any assets over which the corporate debtor has ownership rights, including all rights and
interests therein as evidenced in the balance sheet of the corporate debtor or an information utility or
records in the registry or any depository recording securities of the corporate debtor or by any other
means as may be specified by the Board, including shares held in any subsidiary of the corporate
debtor;
(b) assets that may or may not be in possession of the corporate debtor including but not limited
to encumbered assets;
(c) tangible assets, whether movable or immovable;
(d) intangible assets including but not limited to intellectual property, securities (including shares
held in a subsidiary of the corporate debtor) and financial instruments, insurance policies, contractual
rights;
(e) assets subject to the determination of ownership by the court or authority;
(f) any assets or their value recovered through proceedings for avoidance of transactions in
accordance with this Chapter;
(g) any asset of the corporate debtor in respect of which a secured creditor has relinquished
security interest;
(h) any other property belonging to or vested in the corporate debtor at the insolvency
commencement date; and
(i) all proceeds of liquidation as and when they are realised.
(4) The following shall not be included in the liquidation estate assets and shall not be used for
recovery in the liquidation:—
(a) assets owned by a third party which are in possession of the corporate debtor, including—
(i) assets held in trust for any third party;
(ii) bailment contracts;
(iii) all sums due to any workman or employee from the provident fund, the pension fund and
the gratuity fund;
(iv) other contractual arrangements which do not stipulate transfer of title but only use of the
assets; and
(v) such other assets as may be notified by the Central Government in consultation with any
financial sector regulator;
(b) assets in security collateral held by financial services providers and are subject to netting and
set-off in multi-lateral trading or clearing transactions;
(c) personal assets of any shareholder or partner of a corporate debtor as the case may be
provided such assets are not held on account of avoidance transactions that may be avoided under this
Chapter;
(d) assets of any Indian or foreign subsidiary of the corporate debtor; or
(e) any other assets as may be specified by the Board, including assets which could be subject to
set-off on account of mutual dealings between the corporate debtor and any creditor.
Notes: