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IBC Questions & Answers June 2023 Part 1
IBC Questions & Answers June 2023 Part 1
Mumbai University
3 Years LLB- Semester IV (April 2023),
IBC
Questions & Answers complied by RK
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IBC Short Q & A.
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IBC Short Q & A.
Composition of IBBI:
➢ The Board shall consist of the following members who shall be appointed
by the Central Government, namely:
➢ A Chairperson;
➢ Three members not below the rank of joint Secretary or equivalent,
one of each to represent the Ministry of Finance, the Ministry of
Corporate Affairs and Ministry of Law, ex-officio.
➢ One member to be nominated by the Reserve Bank of India, ex-officio.
➢ Five other members to be nominated by the Central Government, of
whom at least three shall be the whole-time members.
Q6) Who are the Insolvency Professionals (IP)/ Write Short note on IP?
➢ IPs are licensed professionals registered with IBBI who act as
Resolution Professional/ Liquidator/ Bankruptcy trustee in an insolvency
resolution process.
➢ They are a class of regulated but private professionals having minimum
standards of professional and ethical conduct
➢ It is a specialized category of professionals created to administer and
enforce the resolution process, manage the affairs of the corporate
debtor and share information with creditors to help them in decision-
making.
➢ Under the Act, a resolution professional has to be (a) member of any
Insolvency Professional Agency (IPA); (b) Be registered as an
Insolvency Professional with the IBBI.
➢ The main functions performed by IP are:
o corporate insolvency resolution process under Part II of IBC;
o liquidation of a corporate debtor firm under Part II;
o individual insolvency resolution process under Part III;
o Individual bankruptcy process under Part III;
o fresh start order process under Part III.
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IBC Short Q & A.
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IBC Short Q & A.
The Committee of Creditors plays a crucial role throughout the CIRP and
decides whether the repayment of debt has to be done by liquidating the
assets of the corporate debtor or by the way of a resolution plan by the
resolution applicant.
This committee then appoints the Resolution Professional (RP) and it is the
RP who conducts and convenes all the meetings of the Committee.
Powers & functions of CoC:
➢ All important decisions are finalized after the approval from the
creditors of the committee of creditors.
➢ They decide about the continuation of interim resolution professional
as resolution professional or they can even decide to replace the interim
professional with a new resolution professional in first meeting of CoC.
➢ Committee of creditors are liable to decide about the restoration of
the corporate debtor by accepting the resolution plan.
➢ They are responsible for the evaluation and approval of the resolution
plan along with the modification, if any required.
➢ Once the committee of creditors is confident about the practicality and
viability of the proposed resolution plan, they can approve it with the
mandate of more than 66% of the vote
➢ They can choose to proceed ahead with the liquidation process of the
corporate debtor even without any approval on any resolution plan.
➢ They are empowered to exercise their commercial wisdom to take any
decision for the corporate debtor. This is implied on the committee of
creditors as they have a better knowledge on the subject and are
competent in addressing the serious situation of the company under
distress.
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IBC Short Q & A.
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IBC Short Q & A.
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IBC Short Q & A.
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IBC Short Q & A.
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IBC Short Q & A.
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IBC Short Q & A.
Ans) A financial creditor is the one to whom the financial debt and the
interest is due, for example Home-buyers, banks, bond holders, guarantee
providers, financial institutions etc.
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IBC Short Q & A.
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IBC Short Q & A.
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IBC Short Q & A.
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IBC Short Q & A.
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IBC Short Q & A.
Q25) Name any two key roles of an Interim Resolution Professional (IRP)?
Ans. The key roles of an Interim Resolution Professional are:-
(a) Issuance of public notice of the Corporate Insolvency Resolution
process.
(b) To take custody and control of all assets of the corporate debtor.
(c) To call for claims and collation of claims received.
(d) Constitution of the Committee of Creditors (CoC) and to conduct 1st
meeting of CoC.
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IBC Short Q & A.
Q32) Within how many days Interim Resolution Professional (IRP) are
required to be appointed?
Ans) The adjudicating authority (NCLT) shall appoint an IRP within 14
days from the insolvency commencement date.
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IBC Short Q & A.
Q35 ) What is the limitation period for making application under IBC?
Ans) As per article 137 of limitation Act, the right to sue”, accrues when
a default occurs. If the default has occurred over three years prior to
the date of filing of the application, the application would be barred under
Article 137 of the Limitation Act. Thus the limitation period is 3 years
from the date of default for filing application under IBC.
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IBC Short Q & A.
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IBC Short Q & A.
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