Treatise on insolvency and bankruptcy code, Vol-2 /
by V S Wahi
- New Delhi : Bharat Law House Pvt Ltd, 2022.
- xi,3231p.; 23cm.
PART IV REGULATION OF INSOLVENCY PROFESSIONALS, AGENCIES AND INFORMATION UTILITIES CHAPTER I THE INSOLVENCY AND BANKRUPTCY BOARD OF INDIA 188. Establishment and incorporation of Board 189. Constitution of Board 190. Removal of member from office 191. Powers of Chairperson 192. Meetings of Board 193. Member not to participate in meetings in certain cases 194. Vacancies, etc., not to invalidate proceedings of Board, Officers and employees of Board 195. Power to designate financial sector regulator CHAPTER II POWERS AND FUNCTIONS OF THE BOARD 196. Powers and functions of Board 197. Constitution of advisory committee, executive committee or other committee 198. Condonation of delay CHAPTER III INSOLVENCY PROFESSIONAL AGENCIES 199. No person to function as insolvency professional agency without valid certificate of registration 200. Principles governing registration of insolvency professional agency 201. Registration of insolvency professional agency 202. Appeal to National Company Law Appellate Tribunal 203. Governing Board of insolvency professional agency 204. Functions of insolvency professional agencies 205. Insolvency professional agencies to make bye-laws CHAPTER IV INSOLVENCY PROFESSIONALS 206. Enrolled and registered persons to act as insolvency professionals 207. Registration of insolvency professionals 208. Functions and obligations of insolvency professionals CHAPTER V INFORMATION UTILITIES 209. No person to function as information utility without certificate of registration 210. Registration of information utility 211. Appeal to National Company Law Appellate Tribunal 212. Governing Board of information utility 213. Core services, etc., of information utilities 214. Obligations of information utility 215. Procedure for submission, etc., of financial information 216. Rights and obligations of persons submitting financial information CHAPTER VI INSPECTION AND INVESTIGATION 217. Complaints against insolvency professional agency or its member or information utility 218. Investigation of insolvency professional agency or its member or information utility 219. Show cause notice to insolvency professional agency or its member or information utility 220. Appointment of disciplinary committee CHAPTER VII FINANCE, ACCOUNTS AND AUDIT 221. Grants by Central Government 222. Board’s Fund 223. Accounts and audit PART V MISCELLANEOUS 224. Insolvency and Bankruptcy Fund 225. Power of Central Government to issue directions 226. Power of Central Government to supersede Board 227. Power of Central Government to notify financial service providers, etc. 228. Budget 229. Annual report 230. Delegation 231. Bar of jurisdiction 232. Members, officers and employees of Board to the public servants 233. Protection of action taken in good faith 234. Agreements with foreign countries 235. Letter of request to a country outside India in certain cases 235A. Punishment where no specific penalty or punishment is provided 236. Trial of offences by Special Court 237. Appeal and revision 238. Provisions of this Code to override other laws 238A. Limitation 239. Power to make rules 240. Power to make regulations 240A. Application of this Code to micro, small and medium enterprises 241. Rules and regulations to be laid before Parliament 242. Power to remove difficulties 243. Repeal of certain enactments and savings 244. Transitional provisions 245. Amendments of Act 9 of 1932 246. Amendments of Act 1 of 1944 247. Amendments of Act 43 of 1961 248. Amendments of Act 52 of 1962 249. Amendments of Act 51 of 1993 250. Amendments of Act 32 of 1994 251. Amendments of Act 54 of 2002 252. Amendments of Act 1 of 2004 253. Amendments of Act 51 of 2007 254. Amendments of Act 6 of 2009 255. Amendments of Act 18 of 2013 The First Schedule Amendment to the Indian Partnership Act, 1932 The Second Schedule Amendment to the Central Excise Act, 1944 The Third Schedule Amendment to the Income-Tax Act, 1961 The Fourth Schedule Amendment to the Customs Act, 1962 The Fifth Schedule Amendment to the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 The Sixth Schedule Amendment to the Finance Act, 1994 The Seventh Schedule Amendment to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) The Eighth Schedule Amendment to the Sick Industrial Companies (Special Provisions) Repeal Act, 2003 The Ninth Schedule Amendment to the Payment and Settlement Systems Act, 2007 The Tenth Schedule Amendment to the Limited Liability Partnership Act, 2008 The Eleventh Schedule Amendments to the Companies Act, 2013 The Twelfth Schedule Acts for the purposes of clause (d) of section 29A Division II Insolvency and Bankruptcy Code, 2016 alongwith Notifications, Circulars, Guidelines, Orders, Regulations & Rules A. IBC, 2016 1 The Insolvency and Bankruptcy Code, 2016 B. Orders 2 Relevant Orders C. Notifications 3 Notifications D. Circulars 4 Circulars E. Guidelines 5 Guidelines F. Regulations 6 Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 7 Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 8 Insolvency and Bankruptcy Board of India (Pre-packaged Insolvency Resolution Process) Regulations, 2021 9 Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017 10 Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 11 Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 12 Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 13 Insolvency and Bankruptcy Board of India (Procedure for Governing Board Meetings) Regulations, 2017 14 Insolvency and Bankruptcy Board of India (Engagement of Research Associates and Consultants) Regulations, 2017 15 Insolvency and Bankruptcy Board of India (Insolvency Professional Agencies) Regulations, 2016 16 Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 17 Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016 18 Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017 19 The Insolvency and Bankruptcy Board of India (Inspection and Investigation) Regulations, 2017 20 Insolvency and Bankruptcy Board of India (Mechanism for Issuing Regulations) Regulations, 2018 21 Insolvency and Bankruptcy Board of India (Grievance and Complaint Handling Procedure) Regulations, 2017 22 Insolvency and Bankruptcy Board of India (Advisory Committee) Regulations, 2017 G. Rules 23 Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 24 Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 25 Insolvency and Bankruptcy (Application to Adjudicating Authority for Bankruptcy Process for Personal Guarantors to Corporate Debtors) Rules, 2019 26 Insolvency and Bankruptcy (Pre-packaged Insolvency Resolution Process) Rules, 2021 27 Insolvency and Bankruptcy Board of India (Salary, Allowances and other terms and Conditions of Service of Chairperson and Members) Rules, 2016 28 Insolvency and Bankruptcy Board of India (Medical Facility to Chairperson and Whole-time Members) Scheme Rules, 2019 29 Insolvency and Bankruptcy Board of India (Form of Annual Statement of Accounts) Rules, 2018 30 Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudicating Authority) Rules, 2019 31 Insolvency and Bankruptcy Board of India (Annual Report) Rules, 2018 H. Scheme 32 Insolvency and Bankruptcy Board of India (Medical Facility to Chairperson and Whole-time Members) Scheme, 2019 I. NCLT 33 National Company Law Tribunal Rules, 2016 34 National Company Law Appellate Tribunal Rules, 2016 35 Constitution of Benches of NCLT and NCLAT 36 Companies (Transfer of Pending Proceedings) Rules, 2016
Division III Allied Acts & Rules 1 The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 2 Security Interest (Enforcement) Rules, 2002 3 The Recovery of Debts and Bankruptcy Act, 1993 4 Debts Recovery Tribunal (Procedure) Rules, 1993 5 Debts Recovery Appellate Tribunal (Procedure) Rules, 1994 Division IV Prudential Framework for Resolution of Stressed Assets I. Prudential Framework for Resolution of Stressed Assets: Press Release: 2018-2019/2886, dated 7-6-2019 II. Prudential Framework for Resolution of Stressed Assets: DBR.No.BP.BC.45/21.04.048/2018-19, dated 7-6-2019 Division V Reports on IBC 1. Report on the rules and regulations for cross-border insolvency resolution 2. Report of the Sub-Committee of the Insolvency Law Committee on Pre-packaged Insolvency Resolution Process 3. Report of Insolvency Law Committee on Cross Border Insolvency 4. Report of the Insolvency Law Committee 5. Report of the Bankruptcy Law Reforms Committee