2.3.5:Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016.

 

Subject to the other provisions of these regulations, an individual shall be eligible for registration, if he –

(a) has passed the Limited Insolvency Examination within twelve months before the date of his application for enrolment with the insolvency professional agency;

(b) has completed a , from an insolvency professional agency after his enrolment as a professional member; and

(c) has-

(i) successfully completed the National Insolvency Programme, as may be approved by the Board;

(ii) successfully completed the Graduate Insolvency Programme, as may approved by the Board;

  experience of –

(a)ten years in the field of law, after receiving a Bachelor’s degree in law;

(b)ten years in management, after receiving a Master’s degree in Management or two-year full time Post Graduate Diploma in Management; or

(c)fifteen years in management, after receiving a Bachelor’s degree, from a university established or recognised by law or an Institute approved by All India Council of Technical Education; or

(iii) fifteen years’ of experience in management, after receiving a Bachelor’s degree from a university established or recognised by law; or

(iv) ten years’ of experience as –

(a) chartered accountant registered as a member of the Institute of Chartered Accountants of India,

(b) company secretary registered as a member of the Institute of Company Secretaries of India,

(c) cost accountant registered as a member of the Institute of Cost Accountants of India, or

(d) advocate enrolled with the Bar Council.

For the purposes of this regulation, only professional and managerial experience shall be considered.

For the purpose of computing,-

(a)the total experience of 10 or 15 years under sub-clause (iii), there shall be included experience of any period under sub-clause (iv);

(b)the total experience of 10 years under sub-clause (iv), there shall be included experience of any period under any of the items of that sub-clause.

Illustration 1

Where an individual has experience of nine years under sub-clause (iii) and experience of six years under sub-clause (iv), he shall be considered having experience of fifteen years for the purposes of sub-clause (iii).

Illustration 2

Where an individual has experience of 6 years under item (a) of sub-clause (iv) and experience of four years under item (d) of sub-clause (iv), he shall be considered as having total experience of 10 years for the purposes of sub-clause (iv).

5. Subject to the other provisions of these Regulations, an individual shall be eligible for registration, if he-

(a) has passed the National Insolvency Examination;

(b) has passed the Limited Insolvency Examination, and has fifteen years of experience in management, after he received a Bachelor’s degree from a university established or recognized by law; or

(c) has passed the Limited Insolvency Examination and has ten years of experience as –

(i) a chartered accountant enrolled as a member of the Institute of Chartered Accountants of India,

(ii) a company secretary enrolled as a member of the Institute of Company Secretaries of India,

(iii) a cost accountant enrolled as a member of the Institute of Cost Accountants of India, or

(iv) an advocate enrolled with a Bar Council.

Substituted vide  the Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Amendment) Regulations, 2018 dated 27.03.2018 effective from 01.04.2018. To view the notification,Click Here
  1. The validity of the Insolvency and Bankruptcy Board of India (Online Delivery of Educational Course and Continuing Professional Education by Insolvency Professional Agencies and Registered Valuers Organisations) Guidelines, 2020 extended till 31st March, 2022 vide amendment dated 21.12.2021. To view the amendment, Click Here
  2. The validity of the Insolvency and Bankruptcy Board of India (Online Delivery of Educational Course and Continuing Professional Education by Insolvency Professional Agencies and Registered Valuers Organisations) Guidelines, 2020 extended till 31st December, 2021 vide amendment dated 03.09.2021. To view the amendment, Click Here
  3. Refer IBBI (Online Delivery of Educational Course and Continuing Professional Education by Insolvency Professional Agencies and Registered Valuers Organisations) Guidelines, 2020 dated 10.07.2020. To view the guidelines, Click Here.
  4. Advisory dated 20.03.2020 by IBBI regarding Pre-registration Educational Course in the wake of COVID – 19 to encourage delivery of courses online. To view the advisory, Click Here.
Inserted vide IBBI Notification dated 18.09.2023 regarding IBBI (Insolvency Professionals) (Second Amendment) Regulations, 2023. To view the notification, Click here.
The details of Pre-registration educational course is provided vide Circular No. IPA/011/2018 dated 23.04.2018. To view the Circular, Click Here
Inserted vide IBBI Notification dated 20.07.2023 regarding IBBI (Insolvency Professionals) (Amendment) Regulations, 2023. To view the notification, Click here.
Substituted vide Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Second Amendment) Regulations, 2021 dated 22.07.2021. To view the notification, Click Here
Inserted vide Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Second Amendment) Regulations, 2021 dated 22.07.2021. To view the notification, Click Here
Inserted vide Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Second Amendment) Regulations, 2021 dated 22.07.2021. To view the notification, Click Here