2.4.6:Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.
6. Public announcement.
(1) An insolvency professional shall make a immediately on his appointment as an interim resolution professional.
Explanation: ‘Immediately’ means not later than three days from the date of his appointment.
(2) The public announcement referred to in sub-regulation (1) shall:
(a) be in of the Schedule , if any, designated by the Board for the purpose,
state where claim forms can be downloaded or obtained from, as the case may be;
offer choice of three insolvency professionals identified under regulation 4A to act as the authorised representative of creditors in each class; and
(c) provide the last date for submission of proofs of claim, which shall be fourteen days from the date of appointment of the interim resolution professional.
(3) The applicant shall bear the expenses of the public announcement which may be reimbursed by the committee to the extent it ratifies them.
The interim resolution professional shall send a communication along with a copy of public announcement made under regulation 6, to all the creditors as per the last available books of accounts of the corporate debtor through post or electronic means wherever the information for communication is available.
Provided that where it is not possible to send a communication to creditors, the public announcement made under regulation 6 shall be deemed to be the communicated to such creditors.
(b) be published-
(i) in one English and one regional language newspaper with wide circulation at the location of the registered office and principal office, if any, of the corporate debtor and any other location where in the opinion of the interim resolution professional, the corporate debtor conducts material business operations;
(ii) on the website, if any, of the corporate debtor; and
(iii) on the IBBI has designated www.ibbi.gov.in as the designated website vide Circular No. IP(CIRP)/006/2018 dated 23.02.2018. To view the Notification, Click Here
Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Fourth Amendment) Regulations, 2022 dated 16.09.2022.
The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations, 2018 w.e.f., 01.04.2018
The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Third Amendment) Regulations, 2018 dated 3.07.2018
Circular No. IP(CIRP)/006/2018 dated 23.02.2018
IBBI Clarification dated 13.11.2020 regarding Mistakes committed by insolvency professionals in conduct of corporate insolvency resolution process
Schedule Form A-Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
PUBLIC ANNOUNCEMENT
(Under Regulation 6 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
FOR THE ATTENTION OF THE CREDITORS OF [NAME OF CORPORATE DEBTOR]
| RELEVANT PARTICULARS | ||
|---|---|---|
| 1 | Name of corporate debtor | |
| 2 | Date of incorporation of corporate debtor | |
| 3 | Authority under which corporate debtor is incorporated / registered | |
| 4 | Corporate Identity No. / Limited Liability Identification No. of corporate debtor | |
| 5 | Address of the registered office and principal office (if any) of corporate debtor | |
| 6 | Insolvency commencement date in respect of corporate debtor | |
| 7 | Estimated date of closure of insolvency resolution process | |
| 8 | Name and registration number of the insolvency professional acting as interim resolution professional | |
| 9 | Address and e-mail of the interim resolution professional, as registered with the Board | |
| 10 | Address and e-mail to be used for correspondence with the interim resolution professional | |
| 11 | Last date for submission of claims | |
| 12 | Classes of creditors, if any, under clause (b) of sub-section (6A) of section 21, ascertained by the interim resolution professional | Name the class(es) |
| 13 | Names of Insolvency Professionals identified to act as Authorised Representative of creditors in a class (Three names for each class) | 1. 2. 3. |
| 14 | (a) Relevant Forms and (b) Details of authorized representatives are available at: | Web link:….. Physical Address:……. |
Notice is hereby given that the National Company Law Tribunal has ordered the commencement of a corporate insolvency resolution process of the [name of the corporate debtor] on [insolvency commencement date].
The creditors of [name of the corporate debtor], are hereby called upon to submit their claims with proof on or before [insert the date falling fourteen days from the appointment of the interim resolution professional] to the interim resolution professional at the address mentioned against entry No. 10.
The financial creditors shall submit their claims with proof by electronic means only. All other creditors may submit the claims with proof in person, by post or by electronic means.
A financial creditor belonging to a class, as listed against the entry No. 12, shall indicate its choice of authorised representative from among the three insolvency professionals listed against entry No.13 to act as authorised representative of the class [specify class] in Form CA.
Submission of false or misleading proofs of claim shall attract penalties.
Name and Signature of Interim Resolution Professional :
Date and Place :
FORM A
PUBLIC ANNOUNCEMENT
[Under Regulation 6 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016]
FOR THE ATTENTION OF THE CREDITORS OF [Name of Corporate Debtor]
RELEVANT PARTICULARS
1NAME OF CORPORATE DEBTOR
2DATE OF INCORPORATION OF CORPORATE DEBTOR
3AUTHORITY UNDER WHICH CORPORATE DEBTOR IS INCORPORATED / REGISTERED
4CORPORATE IDENTITY NUMBER / LIMITED LIABILITY IDENTIFICATION NUMBER OF CORPORATE DEBTOR
5ADDRESS OF THE REGISTERED OFFICE AND PRINCIPAL OFFICE (IF ANY) OF CORPORATE DEBTOR
6INSOLVENCY COMMENCEMENT DATE IN RESPECT OF CORPORATE DEBTOR
7ESTIMATED DATE OF CLOSURE OF INSOLVENCY RESOLUTION
PROCESS
8NAME AND REGISTRATION NUMBER OF THE INSOLVENCY PROFESSIONAL ACTING AS INTERIM RESOLUTION
PROFESSIONAL
9ADDRESS AND E- MAIL OF THE INTERIM RESOLUTION PROFESSIONAL, AS
REGISTERED WITH THE BOARD
10ADDRESS AND E-MAIL TO BE USED FOR CORRESPONDENCE WITH THE INTERIM
RESOLUTION PROFESSIONAL, IF DIFFERENT FROM THOSE GIVEN AT SL. NO. 9.
11LAST DATE FOR SUBMISSION OF CLAIMS
Notice is hereby given that the National Company Law Tribunal has ordered the commencement of a corporate insolvency resolution process against the [name of the corporate debtor] on [insolvency commencement date].
The creditors of [name of the corporate debtor], are hereby called upon to submit a proof of their claims on or before [insert the date falling fourteen days from the appointment of the interim resolution professional] to the interim resolution professional at the address mentioned against item 8.
The financial creditors shall submit their proof of claims by electronic means only. The operational creditors, including workmen and employees, may submit the proof of claims by in person, by post or electronic means.
Submission of false or misleading proofs of claim shall attract penalties.
Name and Signature of Interim Resolution Professional :
Date and Place :