Voting rights in meeting of creditors
Section 109 of the Insolvency and Bankruptcy Code, 2016 deals with voting rights in meeting of creditors. A creditor shall be entitled to vote at every meeting of the creditors in respect of the repayment plan in accordance with the voting share assigned to him. The Act was enacted on 28 May 2016.
(1) A creditor shall be entitled to vote at every meeting of the creditors in respect of the repayment plan in accordance with the voting share assigned to him.
(2) The resolution professional shall determine the voting share to be assigned to each creditor in the manner specified by the Board.
(3) A creditor shall not be entitled to vote in respect of a debt for an unliquidated amount.
(4) A creditor shall not be entitled to vote in a meeting of the creditors if he—
(a) is not a creditor mentioned in the list of creditors under section 104; or
(b) is an associate of the debtor.
Section 109, The Insolvency and Bankruptcy Code, 2016 (Act 31 of 2016).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 2
Questions about Section 109
What does Section 109 of the Insolvency and Bankruptcy Code deal with?
Section 109 of the Insolvency and Bankruptcy Code is headed "Voting rights in meeting of creditors". A creditor shall be entitled to vote at every meeting of the creditors in respect of the repayment plan in accordance with the voting share assigned to him.
How do I find court cases under Section 109 of the Insolvency and Bankruptcy Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Insolvency and Bankruptcy Code 109, section 109 Insolvency and Bankruptcy Code, section 109 of the Insolvency and Bankruptcy Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 109 of the Insolvency and Bankruptcy Code, and has it changed?
Its own text turns on section 104 (Preparation of list of creditors), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When was Section 109 of the Insolvency and Bankruptcy Code enacted?
Section 109 of the Insolvency and Bankruptcy Code, cited as Insolvency and Bankruptcy Code 109, was enacted on 28 May 2016 as Act 31 of 2016. It is in force as at the date shown on this page.
Other sections of this Act
- 240. Power to make regulations2349 words
- 5. Definitions2326 words
- 3. Definitions1381 words
- 29A. Person not eligible to be resolution applicant1152 words
- 239. Power to make rules963 words
- 196. Powers and functions of Board942 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.