2.5.6:Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
6. Registers and books of account.
(1) Where the books of account of the corporate debtor are incomplete on the liquidation commencement date, the liquidator shall have them completed and brought up-to-date, with all convenient speed, as soon as the order for liquidation is passed.
(2) The liquidator shall maintain the following registers and books, as may be applicable, in relation to the liquidation of the corporate debtor, and shall preserve them for a period of eight years after the dissolution of the corporate debtor-
(a) Cash Book;
(b) Ledger;
(c) Bank Ledger;
(d) Register of Fixed Assets and Inventories;
(e) Securities and Investment Register;
(f) Register of Book Debts and Outstanding Debts;
(g) Tenants Ledger;
(h) Suits Register;
(i) Decree Register;
(j) Register of Claims and Dividends;
(k) Contributories Ledger;
(l) Distributions Register;
(m) Fee Register;
(n) Suspense Register;
(o) Documents Register;
(p) Books Register;
Register of unclaimed dividends and undistributed proceeds; and
(q) Register of unclaimed dividends and undistributed properties deposited in accordance with Regulation 45; and
(r) such other books or registers as may be necessary to account for transactions entered into by him in relation to the corporate debtor.
(3) The registers and books under sub-regulation (2) may be maintained in the forms indicated in , with such modifications as the liquidator may deem fit in the facts and circumstances of the liquidation process.
(4) The liquidator shall keep receipts for all payments made or expenses incurred by him.
The Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020 dated 06.01.2020
Schedule III-Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
SCHEDULE III
(Under Regulation 6 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016)
The formats contained in this Schedule are indicative in nature, and the liquidator may make such modifications to them as he deems fit in the facts and circumstances of the liquidation.
CASH BOOK
Name of Corporate Debtor………………………………………………(in liquidation)
Date | Particulars | Ledger Folio No. | Receipt | Payments | Balance | ||||||||
Voucher No. | Cash | Bank | Total | Voucher No. | Cash | Bank | Total | Cash | Bank | Total | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 |
Under ‘Particulars’, the head of accounts to which the entry relates should be indicated so that the entry may be posted under the proper head in the General Ledger.
GENERAL LEDGER
Name of Corporate Debtor……………………………………………….(in liquidation)
……………………………………………….(Head of account)
Date | Particulars | Dr. (Rs.) | Cr. (Rs.) | Balance (Rs.) |
1 | 2 | 3 | 4 | 5 |
Instructions:
1. A General Ledger should be maintained with such heads of account as the liquidator may think necessary and appropriate. The following heads of account may be found suitable:
(1) Asset account
(2) Investments account
(3) Book Debts & Outstandings account
(4) Calls
(5) Rents Collected
(6) Interest on Securities and Deposits
(7) Advances received
(8) Miscellaneous receipts payments
(9) Establishment
(10) Legal charges
(11) Rents, Rates and Taxes
(12) Fees and Commission account
(13) Other expenses
(14) Suspense account
(15) Secured creditors
(16) Dividend account.
2. The entries in the General Ledger should be posted from the Cash Book.
3. The total of the debit balances and the total of the credit balances of the several heads of account in the General Ledger should agree, after taking into consideration the cash and bank balances as shown in the Cash Book. The totals should be tallied once a month.
BANK LEDGER
Corporate debtor’s (in liquidation) account with the Scheduled Bank
Date | Particulars | Deposits | Withdrawals | Balance | ||
Challan Number | Rs. | Cheque Number | Rs. | Rs. | ||
1 | 2 | 3 | 4 | 5 | 6 | 7 |
1. | ||||||
2. | ||||||
REGISTER OF ASSETS
Sl. No. | Description of assets | Date of taking possession | Serial number of Sales Register | Date of sale | Date of realization | Amount | Remarks |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
1. | |||||||
2. | |||||||
Instructions:
1. All the assets of the corporate debtor except the liquidator’s investments in securities and outstandings to be realized should be entered in this Register.
SECURITIES AND INVESTMENTS REGISTER
Sl. No. | Petition number and name of the corporate debtor | Date of investment | Nature and particulars of security in which investment is made | Amount Invested (Rs.) | Dividend or interest received with date of receipt (Rs.) | Date of disposal | Remarks |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
1. | |||||||
2. | |||||||
REGISTER OF BOOK DEBTS AND OUTSTANDINGS
Sl. No. | Name and address of debtor | Particulars of debt | Amount due (Rs.) | Date of bar by limitation | Amount realised (Rs.) | Action taken | Date of realisation | Reference to Suits Register | Remarks |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
1. | |||||||||
2. | |||||||||
Instructions:
1. All debts due to the corporate debtor, both secured and unsecured, including amounts due for arrears of calls made prior to the liquidation, should be entered in this Register.
TENANTS LEDGER
1. Description of property:
2. Name and address of tenant:
3. Date of tenancy:
4. Period of tenancy:
5. Rent (monthly or annual):
6. Special terms, if any:
7. Arrears on date of taking charge of property:
8. Advance received, if any:
Month | Demand | Realisation | Balance | Remarks | |
Amount (Rs.) | Date | Amount (Rs.) | Amount (Rs.) |
||
1 | 2 | 3 | 4 | 5 | 6 |
January | |||||
February | |||||
SUITS REGISTER
Sl. No. | Number of suit or appeal and court | Name and address of plaintiff/ appellant and his advocate | Name and address of defendant/ respondent and his advocate | Amount of claim | Date of filing | Dates of hearing | Date of decree or final order | Nature of relief granted | Amount decreed | Costs decreed | Reference to Decree Register | Remarks |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 |
1. | ||||||||||||
2. | ||||||||||||
Instructions:
1. Applications made by or against the corporate debtor which are in the nature of suits should also be entered in this Register.
DECREE REGISTER
Number of suit or appeal and court | Name and address of judgment debtor | Amount Decreed (Rs.) | Date of decree | Action taken | Amount realized (Rs.) | Date of realisation | Reference to Suits Register |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
1. | |||||||
2. |
Instructions:
1. The purpose of the Register is to enable the liquidator to keep watch on the progress of the realization of decrees in favour of the corporate debtor in his charge.
2. Every decree or order for payment of money or delivery of property in favour of the corporate debtor including an order for payment of costs whether made in a suit, appeal or application, should be entered in this Register.
REGISTER OF CLAIMS AND DISTRIBUTIONS
Claims | Distributions declared and paid | Remarks | |||||||||||||
Sl. No. | Name and Address of creditor | Amount claimed (Rs.) | Nature of claim (Rs.) | Amount admitted (Rs.) | Whether ordinary or preferential | Date | Amount (Rs.) | Date and Mode of Payment | Rate | Amount (Rs.) | Date and mode of payment | Rate | Amount (Rs.) | Date and mode of payment |
|
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 |
1. | |||||||||||||||
2. | |||||||||||||||
Instructions:
1. Only claims admitted either wholly or in part should be entered in this Register.
2. The page on the left side should be reserved for claims and the page on the right side for Distributions.
CONTRIBUTORY’S LEDGER
Sl. No. | Name and address of contributory | Number of shares or extent of interest held, and amount paid thereon | Calls | Remarks | Returns of share capital | Remarks | ||||
First call | 2nd call/ 3rd call | Date of return | Date of Payment | Amount paid (Rs.) |
||||||
Date of call and amount called | Amount paid and date of payment | (Repeat columns as under first call) |
||||||||
1 | 2 | 3 | 4 | 5 | 6 to 9 | 10 | 11 | 12 | 13 | 14 |
1. | ||||||||||
2. | ||||||||||
Instructions:
Only contributories settled on the list of stakeholders should be entered in this Register and they should be entered in the same order as in the list.
DISTRIBUTIONS REGISTER
Date on which distribution is made:
Total amount payable in this round of distribution:
Date | Number on list of stakeholders | Particulars | Receipts | Payments |
1 | 2 | 3 | 4 | 5 |
1. | ||||
2. | ||||
Instructions:
1. Separate pages should be set apart for preferential and ordinary distributions.
2. The payments should be entered as and when they are made. Any amount which is returned unpaid should be reentered in the account under ‘Receipts’.
3. The number in column 2 should be the number of the stakeholders in the list of stakeholders as finally settled.
4. The total amount of unclaimed distribution payable into the Public Account of India, and the amount paid into the Bank with the date of payment, should be shown at the end of the account.
FEE REGISTER
Amount realized on which fee are payable | Amount distributed on which fee are payable | Fee payable on the amounts in the two preceding columns | Fee, if any payable otherwise under order of Adjudicating Authority | Total fee payable | Date of payment |
1 | 2 | 3 | 4 | 5 | 6 |
1. | |||||
2. | |||||
Instructions:
1. There should be a fresh opening for each year.
2. The fees due to the liquidator should be entered in the Register as soon as the audit of the account for a quarter is completed.
SUSPENSE REGISTER
Date | Particulars | Debit (Rs.) | Credit (Rs.) | Balance (Rs.) |
1 | 2 | 3 | 4 | 5 |
1. | ||||
2. | ||||
Instructions:
1. Advances made by the liquidator to any person should be entered in this Register.
2. There should be a separate opening for each person.
DOCUMENTS REGISTER
Sl. No. | Description of document | Date of receipt | From whom received | Reference number of shelf in which document is kept | How disposed of | Remarks |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
1. | ||||||
2. | ||||||
Instruction: All documents of title like title-deeds, shares, promissory notes, etc., should be entered in this Register.
BOOKS REGISTER
Date | From whom received | Serial Number | Description of books, including files | Shelf number | How disposed of | Remarks |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
1. | ||||||
2. | ||||||
Instruction: All books and files of the corporate debtor which come into the hands of the liquidator should be entered in this Register.
REGISTER OF UNCLAIMED DIVIDENDS AND UNDISTRIBUTED ASSETS DEPOSITED
Sl. No. | Name of person entitled to the dividend or return | Whether Creditor or Contributory | Number on list of stakeholders | Date of declaration of dividend or return | Rate of dividend or return | Total amount payable (Rs.) |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
1. | ||||||
2. | ||||||