1.6.5. Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudicating Authority) Rules, 2019
5. Corporate Insolvency Resolution Process of financial service providers.-
The provisions of the Code relating to the Corporate Insolvency Resolution Process of the corporate debtor shall, mutatis mutandis apply, to the insolvency resolution process of a financial service provider subject to the following modifications, namely:-
(a) Initiation of Corporate Insolvency Resolution Process.-
in accordance with rule 6;
(ii) the application under sub-clause (i) shall be dealt with in the same manner as an application by a financial creditor under section 7, subject to clause (iii); and
(iii) on the admission of the application, the Adjudicating Authority shall appoint the individual proposed by the appropriate regulator in the application filed under sub-clause (i) of clause (a) of rule 5, as the Administrator.
(b) Moratorium.- Save as provided in section 14,-
(i) an interim moratorium shall commence on and from the date of filing of the application under clause (a) till its admission or rejection; and
(ii) the license or registration which authorises the financial service provider to engage in the business of providing financial services shall not be suspended or cancelled during the interim-moratorium and the corporate insolvency resolution process.
Explanation.- For the purposes of this clause, “interim moratorium” shall have the effect of the provisions of
sub-sections (1), (2) and (3) of section 14.
(c) Advisory Committee.-
(i) the appropriate regulator may, where deemed necessary, constitute an Advisory Committee, within 45 days of the insolvency commencement date, to advise the Administrator in the operations of the financial service provider during the corporate insolvency resolution process;
(ii) the Advisory Committee shall consist of three or more Members, who shall be persons of ability, integrity and standing, and who have expertise or experience in finance, economics, accountancy, law, public policy or any other profession in the area of financial services or risk management, administration, supervision or resolution of a financial service provider;
(iii) the terms and conditions of the Members of the Advisory Committee and the manner of conducting meetings and observance of rules of procedure shall be such as may be determined by the appropriate regulator;
(iv) the compensation paid to the Members of the Advisory Committee shall be part of the insolvency resolution process costs;
(v) the Administrator shall chair the meetings of the Advisory Committee.
(d) Resolution plan.-
(i) the resolution plan shall include a statement explaining how the resolution applicant satisfies or intends to satisfy the requirements of engaging in the business of the financial service provider, as per laws for the time being in force;
(ii) upon approval of the resolution plan by the committee of creditors under sub section (4) of section 30, the Administrator shall seek ‘no objection’ of the appropriate regulator to the effect that it has no objection to the persons, who would be in control or management of the financial service provider after approval of the resolution plan under section 31;
(iii) the appropriate regulator shall without prejudice to the provisions contained in section 29A, issue ‘no objection’ on the basis of the ‘fit and proper’ criteria applicable to the business of the financial service provider;
(iv) where an appropriate regulator does not refuse ‘no objection’ on an application made under clause (ii) within forty-five working days of receipt of such application, it shall be deemed that ‘no objection’ has been granted.
Form 1: IBBI (Insolvency Resolution and Liquidation Proceedings of Financial Service Providers and Application to Adjudicating Authority) Rules, 2019
(See sub-clause (i) of clause (a) of Rule 5)
APPLICATION BY APPROPRIATE REGULATOR TO INITIATE INSOLVENCY RESOLUTION PROCESS UNDER THE CODE.
(Under Rule 5 of the Insolvency and Bankruptcy (Insolvency Resolution and Liquidation Proceedings of Financial Service Providers and Application to Adjudicating Authority) Rules, 2019)
The National Company Law Tribunal
[Names and addresses of the registered office of the appropriate regulator]
In the matter of [name of the financial service provider]
Subject: Application to initiate corporate insolvency resolution process [name of the financial service provider] under the Insolvency and Bankruptcy Code, 2016.
[Name of appropriate regulator], hereby submit this application to initiate a corporate insolvency resolution process [name of financial service provider]. The details for the urpose of this application are set out below:
PARTICULARS OF APPLICANT
|Name of appropriate regulator
|Address of the appropriate regulator
|Name and address of the person authorised to submit application on its behalf (enclose authorisation)
|Name and address of person authorised to accept the service of process on its behalf (enclose authorisation)
PARTICULARS OF THE FINANCIAL SERVICE PROVIDER
|Name of the financial service provider
|Identification number of financial service provider
|Date of incorporation of financial service provider
|Nominal share capital and the paid-up share capital of the financial service provider and/or details of
guarantee clause as per memorandum of association (as applicable)
|Address of the registered office of the financial service provider
PARTICULARS OF THE PROPOSED ADMINISTRATOR
|Name, address and email address of the Administrator
PARTICULARS OF DEFAULT
|Signature of person authorised to act on behalf of the appropriate regulator
|Name in block letters
|Position with or in relation to the appropriate regulator
|Address of person signing
Please attach the following to this application:
Annex I Copies of all documents referred to in this application.
Annex II Written communication by the proposed Administrator to act as the interim resolution professional as set out in Form 2.
Annex III Proof that the specified application fee has been paid.