Section 97:
Appointment of resolution professional.
(1) If the application under section 94 or 95 is filed
through a resolution professional, the Adjudicating Authority shall direct the Board within seven days of
the date of the application to confirm that there are no disciplinary proceedings pending against resolution
professional.
(2) The Board shall within seven days of receipt of directions under sub-section (1) communicate to
the Adjudicating Authority in writing either--
(a) confirming the appointment of the resolution professional; or
(b) rejecting the appointment of the resolution professional and nominating another resolution
professional for the insolvency resolution process.
(3) Where an application under section 94 or 95 is filed by the debtor or the creditor himself, as the
case may be, and not through the resolution professional, the Adjudicating Authority shall direct the
Board, within seven days of the filing of such application, to nominate a resolution professional for the
insolvency resolution process.
(4) The Board shall nominate a resolution professional within ten days of receiving the direction
issued by the Adjudicating Authority under sub-section (3).
(5) The Adjudicating Authority shall by order appoint the resolution professional recommended under
sub-section (2) or as nominated by the Board under sub-section (4).
(6) A resolution professional appointed by the Adjudicating Authority under sub-section (5) shall be
provided a copy of the application for insolvency resolution process.
Notes: