FORM 2
(See sub-rule (1) of rule 9)
(Under rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016)
WRITTEN COMMUNICATION BY PROPOSED INTERIM RESOLUTION PROFESSIONAL
[Date]
To,
The National Company Law Tribunal
[Address]
From,
[Name and address of the registered office of the proposed interim resolution professional]
In the matter of [name of the corporate debtor]
Subject: Written communication in connection with an application to initiate corporate insolvency resolution process in respect of [name of the corporate debtor]
Madam/Sir,
I, [name of proposed interim resolution professional], an insolvency professional registered with [name of insolvency professional agency] having registration number [registration number] have been proposed as the interim resolution professional by [name of applicant financial creditor] in connection with the proposed corporate insolvency resolution process of [name of the corporate debtor].
In accordance with rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, I hereby:
(i) agree to accept appointment as the interim resolution professional if an order admitting the present application is passed;
(ii) state that the registration number allotted to me by the Board is [insert registration number] and that I am currently qualified to practice as an insolvency professional;
disclose that I am currently having the following assignments in hand:
Sl. No. | Assignment as | Number of ssignment(s) | No. | Name of corporate debtor | Date of commencement of process | Expected date of closure of process |
Corporate Processes | ||||||
1 | IRP | 1 | ||||
2 | RP | 2 | ||||
3 | Liquidator (including voluntary liquidations) | 3 | ||||
4 | Authorised Representative | |||||
Individual Processes | ||||||
5 | Resolution Professional | |||||
6 | Bankruptcy Trustee | |||||
7 | Any other |
(iii) disclose that I am currently serving as an interim resolution professional / resolution professional / liquidator in [insert number of proceedings] proceedings;
(iv) certify that there are no disciplinary proceedings pending against me with the Board or [name of the insolvency professional agency he is a member of];
(v) affirm that I am eligible to be appointed as a resolution professional in respect of the corporate debtor in accordance with the provisions of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016;
(vi) make the following disclosures in accordance with the code of conduct for insolvency professionals as set out in the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016;
(Signature of the insolvency professional)
(Name in block letters)
(Name of insolvency professional entity, if applicable)
[Optional certification, if required by the applicant making an application under these Rules]
I, hereby, certify that the facts averred by the applicant in the present application are true, accurate and complete and a default has occurred in respect of the relevant corporate debtor. I have reached this conclusion based on the following facts and/or opinion:-
[Please give details].
(Signature of the insolvency professional)
(Name in block letters)
(Name of insolvency professional entity, if applicable)