This document discusses provisions around the dissolution of a corporate debtor after liquidation of assets. It states that the liquidator must apply to the adjudicating authority for dissolution once assets have been completely liquidated. The authority will then order dissolution from the date of the order. A copy of the dissolution order must be forwarded to the authority the corporate debtor was registered with within 7 days. The document then introduces a new Chapter III-A regarding pre-packaged insolvency resolution process, laying out eligibility conditions for corporate debtors to undergo this process.
Original Description:
In respect of secured creditors the right to not form a part of liquidation estate.
This document discusses provisions around the dissolution of a corporate debtor after liquidation of assets. It states that the liquidator must apply to the adjudicating authority for dissolution once assets have been completely liquidated. The authority will then order dissolution from the date of the order. A copy of the dissolution order must be forwarded to the authority the corporate debtor was registered with within 7 days. The document then introduces a new Chapter III-A regarding pre-packaged insolvency resolution process, laying out eligibility conditions for corporate debtors to undergo this process.
This document discusses provisions around the dissolution of a corporate debtor after liquidation of assets. It states that the liquidator must apply to the adjudicating authority for dissolution once assets have been completely liquidated. The authority will then order dissolution from the date of the order. A copy of the dissolution order must be forwarded to the authority the corporate debtor was registered with within 7 days. The document then introduces a new Chapter III-A regarding pre-packaged insolvency resolution process, laying out eligibility conditions for corporate debtors to undergo this process.
section 326 of the Companies Act, 2013 (18 of 2013).
54. Dissolution of corporate debtor. - (1) Where the assets of the corporate debtor have been completely liquidated, the liquidator shall make an application to the Adjudicating Authority for the dissolution of such corporate debtor. (2) The Adjudicating Authority shall on application filed by the liquidator under sub-section (1) order that the corporate debtor shall be dissolved from the date of that order and the corporate debtor shall be dissolved accordingly. (3) A copy of an order under sub-section (2) shall within seven days from the date of such order, be forwarded to the authority with which the corporate debtor is registered.
1[CHAPTER III-A
PRE-PACKAGED INSOLVENCY RESOLUTION
PROCESS
54A. Corporate debtors eligible for pre-packaged insolvency resolution process.
(1) An application for initiating pre-packaged insolvency resolution process may be
made in respect of a corporate debtor classified as a micro, small or medium enterprise under sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006.
(2) Without prejudice to sub-section (1), an application for initiating pre-packaged
insolvency resolution process may be made in respect of a corporate debtor, who commits a default referred to in section 4, subject to the following conditions, that
(a) it has not undergone pre-packaged insolvency resolution process or completed
corporate insolvency resolution process, as the case may be, during the period of three years preceding the initiation date;
(b) it is not undergoing a corporate insolvency resolution process;
(c) no order requiring it to be liquidated is passed under section 33;
(d) it is eligible to submit a resolution plan under section 29A;
1 Ins. by Act No. 26 of 2021, sec.8 (w.e.f. 04-04-2021).