Role And Responsibilities Of An Interim Resolution Professional
- Blog|Insolvency and Bankruptcy Code|
- 1099 Views
- 2 Min Read
- By Taxmann
- Last Updated on 25 June, 2021
Insolvency and bankruptcy code 2016 was passed in May 2016 to cater to ever increasing bad loan cases in India. The insolvency and bankruptcy code 2016 have a provision to appoint an interim resolution professional. The codes state the as per section 16 (3) (a) of the Insolvency and Bankruptcy Code 2016, the Adjudicating Authority can request the IBBI to recommend an insolvency professional who will act as interim resolution professional by submitting an application to corporate insolvency resolution process. The so appointed interim resolution professional shall take care of end to end disciplinary proceedings of the case.
(i) business operations for the previous two years; (ii) financial and operational payments for the previous two years; (iii) list of assets and liabilities as on the initiation date; and (iv) such other matters as may be specified;
2. The IRP shall receive and collate all the claims submitted by creditors to him pursuant to the public announcement made
3. IRP shall constitute a committee of creditors;
4. Further, the IRP shall monitor the assets of the corporate debtor and manage its operations until a resolution professional is appointed by the committee of creditors;
5. The IRP shall file the information collected with the information utility, if necessary; and
6. The IRP shall take control and custody of any asset over which the corporate debtor has ownership rights as recorded in the balance sheet of the corporate debtor, or with information utility or the depository of securities or any other registry that records the ownership of assets including:
(i) assets over which the corporate debtor has ownership rights which may be located in a foreign country; (ii) assets that may or may not be in possession of the corporate debtor; (iii) tangible assets, whether movable or immovable; (iv) intangible assets including intellectual property; (v) securities including shares held in any subsidiary of the corporate debtor, financial instruments, insurance policies; (vi) assets subject to the determination of ownership by a court or authority;
7. It is obligatory on party of IRP to perform such other duties as may be specified by the Board.
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Comments are closed.