Documents to be filed by Insolvency Professionals under IBC Law.

To

All Regional Directors,

All Registrar of Companies,

All Stakeholders.

Subject: Filing of forms ln the Registry (MCA-21) by the Insolvency Professional (Interim Resolution Professional (IRP) or Resolution Professional (RP) or Liquidatorf appointed under Insolvency Bankruptcy Code, 2016 (IBC, 2016).

Related Topic:
Handbook on Resolution Plan under The Insolvency and Bankruptcy Code, 2016: ICAI

Sir,

Several requests have been received in the Ministry with respect to the filing of documents in the MCA-21 registry where an Insolvency Professional (interim Resolution Professional (IRP) or Resolution Professional (RP) or Liquidator) has been appointed under IBC, 2016 in respect of a company. Keeping in view the requirements for statutory compliances by such companies under the Companies Act, 2013 and to enable compliance of such requirements by such Resolution Professionals, it is hereby clarified that the following procedures shall be followed in respect of all such cases:-

(i) The IRP/ RP/ Liquidator would have to first file the NCLT order approving him as the IRP/RP/Liquidator in form INC-28 on the MCA21 portal by selecting the option “Others” at serial no. 5(a)(i) from the drop-down menu in the form. After filling in the form, the IRP/RP/Liquidator while affixing his DSC, shall choose his designation as “Others” in the declaration box.

(ii)  Jurisdictional ROC shall thereafter examine and approve the INC-28 form so filed if the same is found to be in order. If the filed Form is not in order, he shall mark the form as under the Re-submission / Rejected category as applicable. Once the INC-28 form is approved, only the IP (lRP/ RP/ Liquidator) shall thereafter be allowed to file any form on behalf of the company. For all subsequent filings, the IP shall choose his designation as “Chief Executive Officer”(CEO), for the purpose of filing e-forms, in various e-forms.

(iii) The Master Data for the company shall, after the approval of Form No.INC28 clearly displays that the said company is under CIRP or Liquidation, as the case may be, and the name of the IP so appointed shall be displayed in the CEO column.

Related Topic:
Handbook on Corporate Insolvency Resolution Process under The Insolvency and Bankruptcy Code, 2016: ICAI

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