Regulation, 2020

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

EXTRAORDINARY

PART III—Section 4

PUBLISHED BY AUTHORITY

No. 317] NEW DELHI, FRIDAY, AUGUST 07, 2020/SHRAVANA 16, 1942

INSOLVENCY AND BANKRUPTCY BOARD OF INDIA

NOTIFICATION

New Delhi, the 7th August, 2020 Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (FourthAmendment) Regulations, 2020.

No. IBBI/2020-21/GN/REG064.-In exercise of the powers conferred by clause (t) of sub-section (1) of section 196 read with section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Insolvency and Bankruptcy Board of India hereby makes the following regulations further to amend the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, namely: -

1. (1) These regulations may be called the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (FourthAmendment) Regulations, 2020.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (hereinafter referred to as the principal regulations) in regulation 4A,in sub-regulation (2), after clause (a), the following clause shall be inserted, namely: - “(aa) having their addresses, as registered with the Board,in the State or Union Territory, as the case may be,which has the highest number of creditors in the class as per their addresses in the records of the corporate debtor: Provided that where such State or Union Territory does not have adequate number of insolvency professionals, the insolvency professionals having addresses in a nearby State or Union Territory, as the case may be, shall be considered;”.

3. In the principal regulations, in regulation 16A,for sub-regulation (9), the following sub-regulation shall be substituted, namely: - “(9) The authorised representative shall circulate the agenda to creditors in a class, and may seek their preliminary viewson any item in the agenda to enable him to effectively participate in the meeting of the committee: Provided that creditors shall have a time window of at least twelve hours to submit their preliminary views, and the said window opens at least twenty-four hours after the authorised representative seeks preliminary views: Provided further that such preliminary views shall not be considered as voting instructions by the creditors.”.

4. In the principal regulations, in regulation 39, for sub-regulation (3), the following sub-regulations shall be substituted, namely: - “(3)The committee shall-

(a) evaluate the resolution plans received under sub-regulation (2) as per evaluation matrix;

(b) record its deliberations on the feasibility and viability of each resolution plan; and

(c) vote on all such resolution plans simultaneously.

(3A) Where only one resolution plan is put to vote, it shall be considered approved if it receives requisite votes.

(3B) Where two or more resolution plans are put to vote simultaneously, the resolution plan,which receives the highest votes, but not less than requisite votes,shall be considered as approved: Provided that where two or more resolution plans receive equal votes, but not less than requisite votes, the committee shall approve any one of them, as per the tie-breaker formula announced before voting: Provided further that where none of the resolutionplans receivesrequisite votes,the committee shall again vote on the resolution planthat received the highest votes, subject to the timelines under the Code. Illustration. - The committee is voting on two resolution plans, namely, A and B, simultaneously. The voting outcome is as under:

Voting outcome % of votes in favour of Status of approval Plan A Plan B 1 55 60 No Plan is approved, as neither of the Plans received requisite votes. The committee shall vote again on Plan B, which received the higher votes, subject to the timelines under the Code.

2 70 75 Plan B is approved, as it received higher votes, which is not less than requisite votes.

3 75 75 The committee shall approve either Plan A or Plan B, as per the tie-breaker formula announced before voting.”.

Note: The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 were published vide notification No.IBBI/2016-17/GN/REG004, dated 30thNovember, 2016 in the Gazette of India, Extraordinary, Part III, Section 4, No. 432 on 30thNovember, 2016 and were last amended by the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Third Amendment) Regulations, 2020 published vide notification No. IBBI/2020-21/GN/REG059, dated the 20th April, 2020 in the Gazette of India, Extraordinary, Part III, Section 4, No. 156 on 24th April, 2020.

Loaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

MANOJ KUMAR VERMA

Provisions this regulation answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Insolvency and Bankruptcy Code, 2016