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Section22
The Insolvency and Bankruptcy Code, 2016

Appointment of resolution professional

In force Act 31 of 2016 As on 17 Oct 2026

Act 31 of 2016 Ministry Corporate Affairs Enacted 28 May 2016 Cited by 3 provisions Instruments 3

Section 22 of the Insolvency and Bankruptcy Code, 2016 deals with appointment of resolution professional. The first meeting of the committee of creditors shall be held within seven days of the constitution of the committee of creditors. The Act was enacted on 28 May 2016.

(1) The first meeting of the committee of creditors shall be held within seven days of the constitution of the committee of creditors.

(2) The committee of creditors, may, in the first meeting, by a majority vote of not less than 1[sixtysix] per cent. of the voting share of the financial creditors, either resolve to appoint the interim resolution professional as a resolution professional or to replace the interim resolution professional by another resolution professional.

(3) Where the committee of creditors resolves under sub-section (2)---

(a) to continue the interim resolution professional as resolution professional, it shall communicate its decision to the interim resolution professional, 2[subject to a written consent from the interim resolution professional in the specified form] it shall communicate its decision to the interim resolution professional, the corporate debtor and the Adjudicating Authority; or

(b) to replace the interim resolution professional, it shall file an application before the Adjudicating Authority for the appointment of the proposed resolution professional. 2[along with a written consent from the proposed resolution professional in the specified form].

(4) The Adjudicating Authority shall forward the name of the resolution professional proposed under clause (b) of sub-section (3) to the Board for its confirmation and shall make such appointment after confirmation by the Board.

(5) Where the Board does not confirm the name of the proposed resolution professional within ten days of the receipt of the name of the proposed resolution professional, the Adjudicating Authority shall, by order, direct the interim resolution professional to continue to function as the resolution professional until such time as the Board confirms the appointment of the proposed resolution professional.

Section 22, 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.

Referred to by 3

  1. s. 16 Appointment and tenure of interim resolution professional
  2. s. 23 Resolution professional to conduct corporate insolvency resolution process
  3. s. 27 Replacement of resolution professional by committee of creditors

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. Tribunal 24 Jul 2024 NCLTCG0023912024

    … HARNAM SINGH THAKUR, HON'BLE MEMBER (T) HON'BLE MEMBER (J) PRESENT: For the Applicant in : Mr. Aditya Gorver, Advocate IA(I.B.C)/1573(CH)2024 ORDER IA(I.B.C)/1573(CH)2024 The matter has been taken up on special mentioning. The present application has been filed under Section 22 (b) of Insolvency and Bankruptcy Code 2016 for appointment of Mr. Navneet Gupta as Resolution Professional in place of Mr. Himanshu Jaitley IRP. This resolution has been approved by CoC in its 3rd meeting held on 12.07.2024 vide Item Agenda No. 03.11 (Page 48). This is signed by the sole member of CoC. Thus, the …

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Made under this section, and citing it

3 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 22

What does Section 22 of the Insolvency and Bankruptcy Code deal with?

Section 22 of the Insolvency and Bankruptcy Code is headed "Appointment of resolution professional". The first meeting of the committee of creditors shall be held within seven days of the constitution of the committee of creditors.

How do I find court cases under Section 22 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 22, section 22 Insolvency and Bankruptcy Code, section 22 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 22 of the Insolvency and Bankruptcy Code, and has it changed?

3 other provisions in this corpus refer back to it. 3 instruments name it without being made under it, most recently Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Fourth Amendment) Regulations, 2022 (2022), then Insolvency and Bankruptcy (Application to Adjudicating Authority for Bankruptcy Process for Personal Guarantors to Corporate Debtors) Rules, 2019 dated 15.11.2019 (2019).

When was Section 22 of the Insolvency and Bankruptcy Code enacted?

Section 22 of the Insolvency and Bankruptcy Code, cited as Insolvency and Bankruptcy Code 22, 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

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 17 Oct 2026. This page is not a substitute for legal advice.