(1) Subject to the directions of the Adjudicating Authority, the liquidator shall have the following , namely:—
(a) to verify claims of all the creditors;
(b) to take into his custody or control all the assets, property, effects and actionable claims of the corporate debtor;
(c) to evaluate the assets and property of the corporate debtor in the manner as may be specified by the Board and
(d) to take such measures to protect and preserve the assets and properties of the corporate debtor as he considers necessary;
(e) to carry on the business of the corporate debtor for its beneficial liquidation as he considers necessary;
(f) subject to section 52, to sell the immovable and movable property and actionable claims of the corporate debtor in liquidation by public auction or private contract, with power to transfer such property to any person or body corporate, or to sell the same in parcels in such manner as may be specified;
(g) to draw, accept, make and endorse any negotiable instruments including bill of exchange, hundi or promissory note in the name and on behalf of the corporate debtor, with the same effect with respect to the liability as if such instruments were drawn, accepted, made or endorsed by or on behalf of the corporate debtor in the ordinary course of its business;
(h) to take out, in his official name, letter of administration to any deceased contributory and to do in his official name any other act necessary for obtaining payment of any money due and payable from a contributory or his estate which cannot be ordinarily done in the name of the corporate debtor, and in all such cases, the money due and payable shall, for the purpose of enabling the liquidator to take out the letter of administration or recover the money, be deemed to be due to the liquidator himself;
(i) to obtain any professional assistance from any person or appoint any professional, in discharge of his duties, obligations and responsibilities;
(j) to invite and settle claims of creditors and claimants and distribute proceeds in accordance with the provisions of this Code;
(k) to institute or defend any suit, prosecution or other legal proceedings, civil or criminal, in the name of on behalf of the corporate debtor;
(l) to investigate the financial affairs of the corporate debtor to determine undervalued or preferential transactions;
(m) to take all such actions, steps, or to sign, execute and verify any paper, deed, receipt document, application, petition, affidavit, bond or instrument and for such purpose to use the common seal, if any, as may be necessary for liquidation, distribution of assets and in discharge of his duties and obligations and functions as liquidator;
(n) to apply to the Adjudicating Authority for such orders or directions as may be necessary for the liquidation of the corporate debtor and to of the liquidation process in a manner as may be specified by the Board; and
(o) to perform such other functions
(2) The liquidator shall have the power to consult any of the stakeholders entitled to a distribution of proceeds under section 53: Provided that any such consultation shall not be binding on the liquidator: Provided further that the records of any such consultation shall be made available to all other stakeholders not so consulted, in a manner specified by the Board.
2. IBBI has vide its Circular dated 09.10.2024 extended the last date of submission for filing Forms to monitor liquidation processes till 30.11.2024. To view the Circular, Click Here.
3. Inserted vide IBBI Circular dated 28.06.2024 regarding the Forms to be filed to monitor liquidation processes. To view the circular,Click Here
2.5.10:Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
10. Disclaimer of onerous property.
(1) Where any part of the property of a corporate debtor consists of-
(a) land of any tenure, burdened with onerous covenants;
(b) shares or stocks in companies;
(c) any other property which is not saleable or is not readily saleable by reason of the possessor thereof being bound either to the performance of any onerous act or to the payment of any sum of money; or
(d) unprofitable contracts; the liquidator may, notwithstanding that he has endeavored to sell or has taken possession of the property or exercised any act of ownership in relation thereto or done anything in pursuance of the contract, make an application to the Adjudicating Authority within six months from the liquidation commencement date, or such extended period as may be allowed by the Adjudicating Authority, to disclaim the property or contract.
(2) The liquidator shall not make an application under sub-regulation (1) if a person interested in the property or contract inquired in writing whether he will make an application to have such property disclaimed, and he did not communicate his intention to do so within one month from receipt of such inquiry.
(3) The liquidator shall serve a notice to persons interested in the onerous property or contract at least seven days before making an application for disclaimer to the Adjudicating Authority:
Explanation: A person is interested in the onerous property or contract if he-
(a) is entitled to the benefit or subject to the burden of the contract ; or
(b) claims an interest in a disclaimed property or is under a liability not discharged in respect of a disclaimed property.
(4) Subject to the order of the Adjudicating Authority approving such disclaimer, the disclaimer shall operate to determine, from the date of disclaimer, the rights, interest and liabilities of the corporate debtor in or in respect of the property or contract disclaimed, but shall not, except so far as is necessary for the purpose of releasing the corporate debtor and the property of the corporate from liability, affect the rights, interest or liabilities of any other person.
(5) A person affected by the disclaimer under this Regulation shall be deemed to be a creditor of the corporate debtor for the amount of the compensation or damages payable in respect of such effect, and may accordingly be payable as a debt in liquidation under section 53(1)(f).
2.5.11:Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
11. Extortionate credit transactions.
A transaction shall be considered an extortionate credit transaction under section 50(2) where the terms-
(1) require the corporate debtor to make exorbitant payments in respect of the credit provided; or
(2) are unconscionable under the principles of law relating to contracts.
2.5.13:Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
The liquidator shall submit a Preliminary Report to the Adjudicating Authority within seventy-five days from the liquidation commencement date, detailing-
(a) the capital structure of the corporate debtor;
(b) the estimates of its assets and liabilities as on the liquidation commencement date based on the books of the corporate debtor:
Provided that if the liquidator has reasons to believe, to be recorded in writing, that the books of the corporate debtor are not reliable, he shall also provide such estimates based on reliable records and data otherwise available to him;
(c) whether, he intends to make any further inquiry in to any matter relating to the promotion, formation or failure of the corporate debtor or the conduct of the business thereof; and
(d) the proposed plan of action for carrying out the liquidation, including the timeline within which he proposes to carry it out and the estimated liquidation costs.
2.5.14:Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
14. Early dissolution.
Any time after the preparation of the Preliminary Report, if it appears to the liquidator that-
(a) the realizable properties of the corporate debtor are insufficient to cover the cost of the liquidation process; and
(b) the affairs of the corporate debtor do not require any further investigation;
he may apply to the Adjudicating Authority for early dissolution of the corporate debtor and for necessary directions in respect of such dissolution.
2.5.15:Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
(1) The liquidator shall submit Progress Reports to the Adjudicating Authority as under-
(a) the first Progress Report within fifteen days after the end of the quarter in which he is appointed;
(b) subsequent Progress Report(s) within fifteen days after the end of every quarter during which he acts as liquidator; and Provided that if an insolvency professional ceases to act as a liquidator during the liquidation process, he shall file a Progress Report for the quarter up to the date of his so ceasing to act, within fifteen days of such cessation.
(2) A Progress Report shall provide all information relevant to liquidation for the quarter, including-
(a) appointment, tenure of appointment and cessation of appointment of professionals;
(b) a statement indicating progress in liquidation, including-
(i) settlement of list of stakeholders,
(ii) details of any property that remain to be sold and realized,
(iii) distribution made to the stakeholders, and
(iv) distribution of unsold property made to the stakeholders;
(c) details of fee or remuneration, including-
(i) the fee due to and received by the liquidator together with a description of the activities carried out by him,
(ii) the remuneration or fee paid to professionals appointed by the liquidator together with a description of activities carried out by them,
(iii) other expenses incurred by the liquidator, whether paid or not;
(d) developments in any material litigation, by or against the corporate debtor;
(e) filing of, and developments in applications for avoidance of transactions in accordance with Chapter III of Part II of the Code; and
(f) changes, if any, in estimated liquidation costs.
(3) A Progress Report shall enclose an account maintained by the liquidator showing-
(a) his receipts and payments during the quarter; and
(b) the cumulative amount of his receipts and payments since the liquidation commencement date.
(4) A Progress Report shall enclose a statement indicating any material change in expected realization of any property proposed to be sold, along with the basis for such change:
(5) The Progress Report for the fourth quarter of the financial year shall enclose audited accounts of the liquidator’s receipts and payments for the financial year:
Provided that in case an insolvency professional ceases to act as liquidator, the audited accounts of his receipts and payments for that part of the financial year during which he has acted as liquidator, shall be enclosed with the Progress Report to be filed after cessation of his appointment. Illustration: An insolvency professional becomes a liquidator on 13th February, 2017, and ceases to act as liquidator on 12th February, 2019. He shall submit Progress Reports as under:
Report No. | Period covered in the Quarter | Last Date of Submission of Report |
1 | 13th February - 31st March, 2017 | 15th April, 2017 |
2 | April - June, 2017 | 15th July, 2017 |
3 | July - September, 2017 | 15th October, 2017 |
4 | October - December, 2017 | 15th January, 2018 |
5 | January - March, 2018 | 15th April, 2018 |
6 | April - June, 2018 | 15th July, 2018 |
7 | July - September, 2018 | 15th October, 2018 |
8 | October - December, 2018 | 15th January, 2019 |
9 | January - 12th February, 2019 | 27th February, 2019 |
He shall submit the audited accounts of his receipts and payments as under:
Audited Account No. | Period covered in the Year | Last Date of Submission |
1 | 13th February - 31st March, 2017 | 15th April, 2017 |
2 | April - March, 2018 | 15th April, 2018 |
3 | April - 12th February, 2019 | 27th February, 2019 |
2.5.5:Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
5. Reporting.
(1) The liquidator shall prepare and submit:
(a) a preliminary report;
(b) an asset memorandum;
(c) progress report(s);
(d) sale report(s);
(e) minutes of consultation with stakeholders; and
(f) the final report prior to dissolution to the Adjudicating Authority in the manner specified under these Regulations.
(2) The liquidator shall preserve a physical as well as an electronic copy of the reports and minutes referred to in sub-regulation (1) for eight years after the dissolution of the corporate debtor.
(3) Subject to other provisions of these Regulations, the liquidator shall make the reports and minutes referred to sub-regulation (1) available to a stakeholder in either electronic or physical form, on receipt of
(a) an application in writing;
(b) costs of making such reports and minutes available to it; and
(c) an undertaking from the stakeholder that it shall maintain confidentiality of such reports and minutes and shall not use these to cause an undue gain or undue loss to itself or any other person.
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.
2.5.7:Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
7. Appointment of professionals.
(1) A liquidator may appoint professionals to assist him in the discharge of his duties, obligations and functions for a reasonable remuneration and such remuneration shall form part of the liquidation cost.
(2) The liquidator shall not appoint a professional under sub-regulation (1) who is his relative, is a related party of the corporate debtor or has served as an auditor to the corporate debtor in the five years preceding the liquidation commencement date.
(3) A professional appointed or proposed to be appointed under sub-regulation (1) shall disclose the existence of any pecuniary or personal relationship with any of the stakeholders, or the concerned corporate debtor as soon as he becomes aware of it, to the liquidator.
2.5.8:Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
8. Consultation with stakeholders.
(1) The stakeholders consulted under section 35(2) shall extend all assistance and cooperation to the liquidator to complete the liquidation of the corporate debtor.
(2) The liquidator shall maintain the particulars of any consultation with the stakeholders made under this Regulation, as specified in
2.5.9:Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
9. Personnel to extend cooperation to liquidator.
(1) The liquidator may make an application to the Adjudicating Authority for a direction that a person who-
(a) is or has been an officer, auditor, employee, promoter or partner of the corporate debtor;
(b) was the interim resolution professional, resolution professional or the previous liquidator of the corporate debtor; or
(c) has possession of any of the properties of the corporate debtor; shall cooperate with him in the collection of information necessary for the conduct of the liquidation.
(2) An application may be made under this Regulation only after the liquidator has made reasonable efforts to obtain the information from such person and failed to obtain it.
IBC-Enforcement Notification [S.O.3687(E)] dated 09/12/2016
Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2019 dated 25.07.2019
Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017 [repealed by the Insolvency and Bankruptcy Code (Amendment) Act, 2018 w.e.f., 23.11.2017]
The Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020 dated 06.01.2020
The Insolvency and Bankruptcy Code (Amendment) Act, 2018 (effective from 23.11.2017)
Circular on Filing Forms to monitor liquidation processes under the IBC, 2016, and the regulations made thereunder dated 28.06.2024
IBBI Circular regarding extension of time for filing Forms to monitor liquidation and voluntary liquidation processes under the IB Code, 2016, and the regulations made thereunder dated 02.12.2024
IBBI Circular regarding Extension of time for filing Forms to monitor liquidation processes under the IB Code, 2016, and the regulations made thereunder dated 09.10.2024
Schedule II-Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
PROFORMA FOR REPORTING CONSULTATIONS WITH STAKEHOLDERS
(Under Regulation 8 and Regulation 31A of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016)
Sl. No. | Basic details of CD and meeting | ||
(a) | Name and Registration no. of Liquidator | ||
(b) | Name of corporate debtor | ||
(c) | Date of the meeting | ||
(d) | Date of last meeting | ||
(e) | Number of days since last meeting | ||
(f) | Details of agenda of last meeting which were not approved by the SCC | ||
- | Details of agenda items | Para of the minutes of the meeting where the same was discussed | Remarks |
(a) | Remuneration of professionals appointed under regulation 7, including process advisors, IPE, etc. | ||
(b) | Sale under regulation 32, including manner of sale, pre-bid qualifications, reserve price, marketing strategy and auction process | ||
(c) | Fees of the liquidator | ||
(d) | Valuation under sub-regulation (2) of regulation 35 | ||
(e) | Status of Litigations and cost benefit analysis of pursuing these litigations | ||
(f) | Preliminary report | ||
(g) | Manner in whichproceedings in respect of preferential transactions, undervalued transaction, extortionate credit transaction or fraudulent or wrongful trading, if any, shall be pursued after closure of liquidation proceedings and the manner in which the proceeds, if any, from these proceedings shall be distributed | ||
(h) | Liquidation cost | ||
(i) | Extension of time period for payment of balance sale consideration beyond ninety days | ||
(j) | Running the business of the corporate debtor in the event the same is economically unviable | ||
(k) | Early dissolution of the corporate debtor | ||
(l) | Any other agenda item |
FORM A
PROFORMA FOR REPORTING CONSULTATIONS WITH STAKEHOLDERS
(Under Regulation 8 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016)
Separate proforma to be used for each stakeholder or group of homogenous stakeholders
LIQUIDATOR: | |
LIQUIDATED: | |
DATE OF CONSULTATION (IF HELD IN PERSON): NUMBER AND DATES OF COMMUNICATIONS RECEIVED FROM STAKEHOLDER: SUMMARY OF CONSULTATION: |
WRITTEN CONSENT TO ACT AS LIQUIDATOR
(Under regulation 31A of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016)
[Date]
From
[Name of the insolvency professional]
[Registration number of the insolvency professional
[Address of the insolvency professional registered with the Board]
To
The Stakeholders’ Consultation Committee
[name of corporate debtor]
Subject: Written Consent to act as liquidator.
I, [name], an insolvency professional enrolled with [name of insolvency professional agency] and registered with the Board, note that the consultation committee proposes to appoint me as liquidator under regulation 31A of Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 for conducting liquidation process of [name of the corporate debtor].
2. In accordance with aforementioned regulation, I hereby give consent to the proposed appointment.
3. I declare and affirm as under: –
a. I am registered with the Board as an insolvency professional.
b. I am not subject to any disciplinary proceedings initiated by the Board or the Insolvency Professional Agency.
c. I do not suffer from any disability to act as a liquidator.
d. I am eligible to be appointed as liquidator of the corporate debtor under regulation 3 and other applicable provisions of the Code and regulations.
e. I shall make the 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;
f. I am having the following processes in hand:
Sl. No. | Role as | No .of Processes on the date of Consent |
1 | Interim Resolution Professional | |
2 | Resolution Professional of a. Corporate Debtors b Individuals | |
3 | Liquidator of a. Liquidation Processes b. Voluntary Liquidation Processes | |
4 | Bankruptcy Trustee | |
5 | Authorised Representative | |
6 | Any other (Please state) |
(Signature of the insolvency professional)
Registration No. …….
Date:
Place:
PUBLIC ANNOUNCEMENT
(Regulation 12 of the Insolvency and Bankruptcy Board of India (Liquidation Process)
Regulations, 2016)
FOR THE ATTENTION OF THE STAKEHOLDERS OF [Name of Corporate Debtor]
Sl. No. | PARTICULARS | DETAILS |
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. | Date of closure of Insolvency Resolution Process | |
7. | Liquidation commencement date of corporate debtor | |
8. | Name and registration number of the insolvency professional acting as liquidator | |
9. | Address and e-mail of the liquidator, as registered with the Board | |
10. | Address and e-mail to be used for correspondence with the liquidator | |
11. | Last date for submission of claims |
Notice is hereby given that the National Company Law Tribunal (Name of Bench) has ordered the commencement of liquidation of the [Name of the corporate debtor] on [date of passing of order of liquidation under section 33 of the Code].
The stakeholders of [—–Name of the corporate debtor] are hereby called upon to submit their claims with proof on or before ——-[Insert the date falling thirty days after the liquidation commencement date] [ ], to the liquidator at the address mentioned against item No. 10.
The financial creditors shall submit their claims with proof by electronic means only. All other creditors may submit the claims with the proof in person, by post or by electronic means.
Submission of false or misleading proof of claims shall attract penalties.
Name and signature of liquidator :
Date and place :
FORM B
PUBLIC ANNOUNCEMENT
(Regulation 12 of the Insolvency and Bankruptcy (Liquidation Process) Regulations, 2016)
FOR THE ATTENTION OF THE STAKEHOLDERS OF [Name of Corporate Debtor]
NUMBER OF CORPORATE DEBTOR | ||
FORM C
PROOF OF CLAIM BY OPERATIONAL CREDITORS EXCEPT WORKMEN AND EMPLOYEES
(Under Regulation 17 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016)
[Date]
To
The Liquidator
[Name of the Liquidator]
[Address as set out in the public announcement]
From
[Name and address of the operational creditor]
Subject: Submission of proof of claim in respect of the liquidation of [name of corporate debtor] under the Insolvency and Bankruptcy Code, 2016.
Madam/Sir,
[Name of the operational creditor] hereby submits this proof of claim in respect of the liquidation of [name of corporate debtor].
The details for the same are set out below:
1 | NAME OF OPERATIONAL CREDITOR (IF AN INCORPORATED BODY PROVIDE IDENTIFICATION NUMBER AND PROOF OF INCORPORATION, IF A PARTNERSHIP OR INDIVIDUAL PROVIDE IDENTIFICATION RECORDS* OF ALL THE PARTNERS OR THE INDIVIDUAL) | |
2 | ADDRESS OF OPERATIONAL CREDITOR FOR CORRESPONDENCE | |
3 | TOTAL AMOUNT OF CLAIM, INCLUDING ANY INTEREST, AS AT LIQUIDATION COMMENCEMENT DATE AND DETAILS OF NATURE OF CLAIM | PRINCIPAL : INTEREST : TOTAL CLAIM : |
4 | DETAILS OF DOCUMENTS BY REFERENCE TO WHICH THE DEBT CAN BE SUBSTANTIATED | |
5 | DETAILS OF ANY DISPUTE AS WELL AS THE RECORD OF PENDENCY OF SUIT OR ARBITRATION PROCEEDINGS | |
6 | DETAILS OF HOW AND WHEN DEBT INCURRED | |
7 | DETAILS OF ANY MUTUAL CREDIT, MUTUAL DEBTS, OR OTHER MUTUAL DEALINGS BETWEEN THE CORPORATE DEBTOR AND THE OPERATIONAL CREDITOR WHICH MAY BE SET-OFF AGAINST THE CLAIM | |
8 | DETAILS OF ANY RETENTION OF TITLE IN RESPECT OF GOODS OR PROPERTIES TO WHICH THE DEBT REFERS OR ANY OTHER SECURITY | |
8A Inserted vide IBBI (Liquidation Process) (Amendment) Regulations, 2019 dated 25.07.2019 | WHETHER SECURITY INTEREST RELINQUISHED | Yes/ No |
9 | DETAILS OF ANY ASSIGNMENT OR TRANSFER OF DEBT IN HIS FAVOUR | |
10 | DETAILS OF THE BANK ACCOUNT TO WHICH THE OPERATIONAL CREDITOR’S SHARE OF THE PROCEEDS OF LIQUIDATION CAN BE TRANSFERRED | |
11 | LIST OUT AND ATTACH THE DOCUMENTS RELIED ON IN SUPPORT OF THE CLAIM. | (i) (ii) (iii) |
Signature of operational creditor or person authorised to act on his behalf
(Please enclose the authority if this is being submitted on behalf of the operational creditor)
Name in BLOCK LETTERS
Position with or in relation to creditor
Address of person signing
*PAN, Passport, AADHAAR Card or the identity card issued by the Election Commission of India.
AFFIDAVIT
I, [name of deponent], currently residing at [address of deponent], do solemnly affirm and state as follows:
1. The above named corporate debtor was, at liquidation commencement date, that is, the __________ day of __________ 20______ and still is, justly and truly indebted to me [or to me and[insert name of copartners], my co-partners in trade, or, as the case may be] in the sum of Rs. __________ for _____ [please state consideration].
2. In respect of my claim of the said sum or any part thereof, I have relied on and the documents specified below:
[Please list the documents relied on as evidence of debt.]
3. The said documents are true, valid and genuine to the best of my knowledge, information and belief.
4. In respect of the said sum or any part thereof, I have not, nor have my partners or any of them, nor has any person, by my/our order, to my/our knowledge or belief, for my/ our use, had or received any manner of satisfaction or security whatsoever, save and except the following:
[Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the operational creditor which may be set-off against the claim.]
Solemnly, affirmed at _____________________ on _________________ day, the __________day of__________ 20_____
Before me,
Notary / Oath Commissioner
Deponent’s signature
VERIFICATION
I, the Deponent hereinabove, do hereby verify and affirm that the contents of para ___ to __of this affidavit are true and correct to my knowledge and belief. Nothing is false and nothing material has been concealed therefrom.
Verified at ________ on this ________ day of ________ 201_____
Deponent’s signature
FORM D
PROOF OF CLAIM BY FINANCIAL CREDITORS
(Under Regulation 18 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016)
[Date]
To
The Liquidator
[Name of the Liquidator]
[Address as set out in the public announcement]
From
[Name and address of the registered office and principal office of the financial creditor]
Subject: Submission of proof of claim in respect of the liquidation of [name of corporate debtor] under the Insolvency and Bankruptcy Code, 2016.
Madam/Sir,
[Name of the financial creditor] hereby submits this proof of claim in respect of the liquidation of [name of corporate debtor]. The details for the same are set out below:
1 | NAME OF FINANCIAL CREDITOR (IF AN INCORPORATED BODY PROVIDE IDENTIFICATION NUMBER AND PROOF OF INCORPORATION, IF A PARTNERSHIP OR INDIVIDUAL PROVIDE IDENTIFICATION RECORDS* OF ALL THE PARTNERS OR THE INDIVIDUAL) | |
2 | ADDRESS AND EMAIL OF FINANCIAL CREDITOR FOR CORRESPONDENCE. | |
3 | TOTAL AMOUNT OF CLAIM, INCLUDING ANY INTEREST, AS AT THE LIQUIDATION COMMENCEMENT DATE AND DETAILS OF NATURE OF CLAIM (WHETHER TERM LOAN, SECURED, UNSECURED) | PRINCIPAL : INTEREST : TOTAL CLAIM : |
4 | DETAILS OF DOCUMENTS BY REFERENCE TO WHICH THE DEBT CAN BE SUBSTANTIATED | |
5 | DETAILS OF ANY ORDER OF A COURT OF TRIBUNAL THAT HAS ADJUDICATED ON THE NON-PAYMENT OF DEBT | |
6 | DETAILS OF HOW AND WHEN DEBT INCURRED | |
7 | DETAILS OF ANY MUTUAL CREDIT, MUTUAL DEBTS, OR OTHER MUTUAL DEALINGS BETWEEN THE CORPORATE DEBTOR AND THE FINANCIAL CREDITOR WHICH MAY BE SET-OFF AGAINST THE CLAIM | |
8 | DETAILS OF ANY SECURITY HELD, THE VALUE OF THE SECURITY, AND THE DATE IT WAS GIVEN | |
8A Inserted vide IBBI (Liquidation Process) (Amendment) Regulations, 2019 dated 25.07.2019 | WHETHER SECURITY INTEREST RELINQUISHED | Yes/ No |
9 | DETAILS OF ANY ASSIGNMENT OR TRANSFER OF DEBT IN HIS FAVOUR | |
10 | DETAILS OF THE BANK ACCOUNT TO WHICH THE FINANCIAL CREDITOR’S SHARE OF THE PROCEEDS OF LIQUIDATION CAN BE TRANSFERRED | |
11 | LIST OUT AND ATTACH THE DOCUMENTS RELIED ON IN SUPPORT OF THE CLAIM. | (i) (ii) (iii) |
Signature of financial creditor or person authorised to act on his behalf
(please enclose the authority if this is being submitted on behalf a financial creditor)
Name in BLOCK LETTERS
Position with or in relation to creditor
Address of person signing
*PAN, Passport, AADHAAR Card or the identity card issued by the Election Commission of India.
AFFIDAVIT
I, [name of deponent], currently residing at [address of deponent], do solemnly affirm and state as follows:
1. The above named corporate debtor was, at the liquidation commencement date, that is, the __________ day of __________ 20____ and still is, justly and truly indebted to me [or to me and [insert name of copartners], my co-partners in trade, or, as the case may be] in the sum of Rs. __________ for ……..[please state consideration].
2. In respect of my claim of the said sum or any part thereof, I have relied on the documents specified below:
[Please list the documents relied on as evidence of debt and of non-payment.]
3. The said documents are true, valid and genuine to the best of my knowledge, information and belief.
4. In respect of the said sum or any part thereof, I have not, nor have my partners or any of them, nor has any person, by my/our order, to my/our knowledge or belief, for my/ our use, had or received any manner of satisfaction or security whatsoever, save and except the following:
[Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the financial creditor which may be set-off against the claim.]
Solemnly, affirmed at _____________________ on _________________ day, the __________day of__________ 20_____
Before me,
Notary / Oath Commissioner.
Deponent’s signature.
VERIFICATION
I, the Deponent hereinabove, do hereby verify and affirm that the contents of para ___ to __of this affidavit are true and correct to my knowledge and belief. Nothing is false and nothing material has been concealed therefrom.
Verified at ________ on this ________ day of ________ 201___.
Deponent’s signature.
FORM E
PROOF OF CLAIM BY A WORKMAN OR EMPLOYEE
(Under Regulation 19 of the Insolvency and Bankruptcy (Liquidation Process) Regulations, 2016)
[Date]
To
The Liquidator
[Name of the Liquidator]
[Address as set out in public announcement]
From
[Name and address of the workman / employee]
Subject: Submission of proof of claim in respect of liquidation of (Name of corporate debtor) under the Insolvency and Bankruptcy Code, 2016.
Madam/Sir,
[Name of the workman / employee], hereby submits this proof of claim in respect of the liquidation of [name of corporate debtor]. The details for the same are set out below:
1 | NAME OF WORKMAN/EMPLOYEE | |
2 | PAN, PASSPORT, THE IDENTITY CARD ISSUED BY THE ELECTION COMMISSION OF INDIA OR AADHAAR CARD OF WORKMAN / EMPLOYEE | |
3 | ADDRESS AND EMAIL ADDRESS (IF ANY) OF WORKMAN / EMPLOYEE FOR CORRESPONDENCE | |
4 | TOTAL AMOUNT OF CLAIM (INCLUDING ANY INTEREST AS AT THE LIQUIDATION COMMENCEMENT DATE) | |
5 | DETAILS OF DOCUMENTS BY REFERENCE TO WHICH THE DEBT CAN BE SUBSTANTIATED. | |
6 | DETAILS OF ANY DISPUTE AS WELL AS THE RECORD OF PENDENCY OR ORDER OF SUIT OR ARBITRATION PROCEEDINGS | |
7 | DETAILS OF HOW AND WHEN CLAIM AROSE | |
8 | DETAILS OF ANY MUTUAL CREDIT, MUTUAL DEBTS, OR OTHER MUTUAL DEALINGS BETWEEN THE CORPORATE DEBTOR AND THE WORKMAN / EMPLOYEE WHICH MAY BE SET-OFF AGAINST THE CLAIM | |
9 | DETAILS OF THE BANK ACCOUNT TO WHICH THE WORKMAN / EMPLOYEE’S SHARE OF THE PROCEEDS OF LIQUIDATION CAN BE TRANSFERRED | |
10 | LIST OUT AND ATTACH THE DOCUMENTS RELIED ON IN SUPPORT OF THE CLAIM. | (i) (ii) (iii) |
Signature of workman / employee or person authorised to act on his behalf
[Please enclose the authority if this is being submitted on behalf of an operational creditor]
Name in BLOCK LETTERS
Position with or in relation to creditor
Address of person signing
AFFIDAVIT
I, [name of deponent], currently residing at [insert address], do solemnly affirm and state as follows:
5. [Name of corporate debtor], the corporate debtor was, at the liquidation commencement date, that is, the __________ day of __________ 20__, justly and truly indebted to me in the sum of Rs. [insert amount of claim].
6. In respect of my claim of the said sum or any part thereof, I have relied on the documents specified below:
[Please list the documents relied on as evidence of claim]
7. The said documents are true, valid and genuine to the best of my knowledge, information and belief.
8. In respect of the said sum or any part thereof, I have not nor has any person, by my order, to my knowledge or belief, for my use, had or received any manner of satisfaction or security whatsoever, save and except the following:
[Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the workman / employee which may be set-off against the claim.]
Solemnly, affirmed at [insert place] on _________________ day, the __________day of__________ 20_____
Before me,
Notary/ Oath Commissioner
Deponent’s signature
VERIFICATION
I, the Deponent hereinabove, do hereby verify and affirm that the contents of paragraph ___ to __of this affidavit are true and correct to my knowledge and belief and no material facts have been concealed therefrom.
Verified at ______ on this _____ day of ____ 201__
Deponent’s signature.
FORM F
PROOF OF CLAIM BY AUTHORISED REPRESENTATIVE OF WORKMEN OR EMPLOYEES
(Under Regulation 19 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016)
[Date]
To
The Liquidator
[Name of the Liquidator]
[Address as set out in the public announcement]
From
[Name and address of the authorised representative of workmen/ employees]
Subject: Submission of proof of claim in respect of the liquidation of [name of corporate debtor] under the Insolvency and Bankruptcy Code, 2016.
Madam/Sir,
I, [name of duly authorised representative of the workmen/ employees] currently residing at [address of duly authorised representative of the workmen/ employees], on behalf of the workmen and employees employed by the above named corporate debtor, solemnly affirm and say:
1. That the abovenamed corporate debtor was, on the liquidation commencement date, that is, the ________ day of ______ 20 ___ and still is, justly truly indebted to the several persons whose names, addresses, and descriptions appear in the Annexure below in amounts severally set against their names in such Annexure for wages, remuneration and other amounts due to them respectively as workmen or/ and employees in the employ of the corporate debtor in respect of services rendered by them respectively to the corporate debtor during such periods as are set out against their respective names in the said Annexure.
2. That for which said sums or any part thereof, they have not, nor has any of them, had or received any manner of satisfaction or security whatsoever, save and except the following:
[Please state details of any mutual credits, mutual debts, or other mutual dealings between the corporate debtor and the workmen / employees which may be set-off against the claim.]
Signature :
ANNEXURE
1. Details of Employees/ Workmen
S NO. | NAME OF EMPLOYEE/ WORKMEN | IDENTIFICATION NUMBER (PAN/, PASSPORT NUMBER/, AADHAAR NO. / ID CARD ISSUED BY THE ELECTION COMMISSION AND EMPLOYEE ID NO., IF ANY | TOTAL AMOUNT DUE AND DETAILS ON NATURE OF CLAIM | PERIOD OVER WHICH AMOUNT DUE | DETAILS OF EVIDENCE OF DEBT INCLUDING EMPLOYMENT CONTRACTS AND OTHER PROOFS |
1 | |||||
2 | |||||
3 | |||||
4 | |||||
5 | |||||
2. Particulars of how dues were incurred by the corporate debtor, including particulars of any dispute as well as the record of pendency of suit or arbitration proceedings.
3. Particulars of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the workmen / employee which may be set-off against the claim.
4. Please list out and attach the documents relied on to prove the claim.
AFFIDAVIT
I, [insert full name, address and occupation of deponent] do solemnly affirm and state as follows:
1. The above named corporate debtor was, at the liquidation commencement date that is, the __________ day of __________ 20__ and still is, justly and truly indebted to the workmen and employees in the sum of Rs. __________ for _____ [please state the nature and duration of employment].
2. In respect of my claim of the said sum or any part thereof, I have relied on the documents specified below:
[Please list the documents relied on as evidence of proof]
3. The said documents are true, valid and genuine to the best of my knowledge, information and belief.
4. In respect of the said sum or any part thereof, the workmen / employees have not, nor has any person, by my order, to my knowledge or belief, for my use, had or has received any manner of satisfaction or security whatsoever, save and except the following:
[Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the workmen / employees which may be set-off against the claim.]
Solemnly, affirmed at _____________________ on _________________ day, the __________day of__________ 20_____
Before me,
Notary / Oath Commissioner.
Deponent’s signature
VERIFICATION
I, the Deponent hereinabove, do hereby verify and affirm that the contents of para ___ to __of this affidavit are true and correct to my knowledge and belief. Nothing is false and nothing material has been concealed therefrom.
Verified at _______ on this _______ day of _______ 201___
Deponent’s signature
FORM G
PROOF OF CLAIM BY ANY OTHER STAKEHOLDER
(Under Regulation 20 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016)
[Date]
To
The Liquidator
[Name of the Liquidator]
[Address as set out in the public announcement]
From
[Name and address of the other stakeholder]
Subject: Submission of proof of claim in respect of the liquidation of [name of corporate debtor] under the Insolvency and Bankruptcy Code, 2016.
Madam/Sir,
[Name of the other stakeholder] hereby submits this proof of claim in respect of the liquidation in the case of [name of corporate debtor]. The details for the same are set out below:
1 | NAME OF OTHER STAKEHOLDER (IF AN INCORPORATED BODY PROVIDE IDENTIFICATION NUMBER AND PROOF OF INCORPORATION. IF A PARTNERSHIP OR INDIVIDUAL PROVIDE IDENTIFICATION RECORDS* OF ALL THE PARTNERS OR THE INDIVIDUAL) | |
2 | ADDRESS AND EMAIL OF THE OTHER STAKEHOLDER FOR CORRESPONDENCE. | |
3 | TOTAL AMOUNT OF CLAIM, INCLUDING ANY INTEREST AS AT LIQUIDATION COMMENCEMENT AND DETAILS OF NATURE OF CLAIM | PRINCIPAL CLAIM : INTEREST : TOTAL CLAIM : |
4 | DETAILS OF DOCUMENTS BY REFERENCE TO WHICH THE CLAIM CAN BE SUBSTANTIATED | |
5 | DETAILS OF HOW AND WHEN CLAIM AROSE | |
6 | DETAILS OF ANY MUTUAL CREDIT, MUTUAL DEBTS, OR OTHER MUTUAL DEALINGS BETWEEN THE CORPORATE DEBTOR AND THE OTHER STAKEHOLDER WHICH MAY BE SET-OFF AGAINST THE CLAIM | |
7 | DETAILS OF ANY RETENTION OF TITLE IN RESPECT OF GOODS OR PROPERTIES TO WHICH THE CLAIM REFERS | |
8 | DETAILS OF ANY ASSIGNMENT OR TRANSFER OF DEBT IN HIS FAVOUR | |
9 | DETAILS OF THE BANK ACCOUNT TO WHICH THE OTHER STAKEHOLDER’S SHARE OF THE PROCEEDS OF LIQUIDATION CAN BE TRANSFERRED | |
10 | LIST OUT AND ATTACH THE DOCUMENTS RELIED ON IN SUPPORT OF THE CLAIM. | (i) (ii) (iii) |
Signature of other stakeholder or person authorised to act on his behalf
(Please enclose the authority if this is being submitted on behalf of the other stakeholder)
Name in BLOCK LETTERS
Position with or in relation to creditor
Address of person signing
*PAN, Passport, AADHAAR Card or the identity card issued by the Election Commission of India.
AFFIDAVIT
I, [insert full name, address and occupation of deponent to be given] do solemnly affirm and state as follows:
1. The above named corporate debtor was, at the liquidation commencement date, that is, the __________ day of __________ 20__ and still is, justly and truly indebted to me [or to me and [insert name of copartner], my co-partners in trade, or, as the case may be,] in the sum of Rs. __________ for _____ [please state consideration].
2. In respect of my claim of the said sum or any part thereof, I have relied on the documents specified below:
[Please list the documents relied on as evidence of proof.]
3. The said documents are true, valid and genuine to the best of my knowledge, information and belief.
4. In respect of the said sum or any part thereof, I have not, nor have my partners or any of them, nor has any person, by my/our order, to my/our knowledge or belief, for my/ our use, had or received any manner of satisfaction or security whatsoever, save and except the following:
[Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the other stakeholder which may be set-off against the claim.]
Solemnly, affirmed at _____________________ on _________________ day, the __________day of__________ 20_____
Before me,
Notary / Oath Commissioner.
Deponent’s signature.
VERIFICATION
I, the Deponent hereinabove, do hereby verify and affirm that the contents of para ___ to __of this affidavit are true and correct to my knowledge and belief. Nothing is false and nothing material has been concealed therefrom.
Verified at ______ on this ______ day of ______ 201__
Deponent’s signature.
[Under Regulation 45(3) of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016]
I, [Name of the Liquidator], an insolvency professional enrolled with [name of insolvency professional agency] and registered with the Board with registration number [registration number], am the Liquidator for the Liquidation Process of [name of the corporate debtor (CD)].
2. The details of the Liquidation Process are as under:
SI. No. | Particulars | Description |
(1) | (2) | (3) |
1 | Name of the corporate debtor | |
2 | Case No. & NCLT Bench | |
3 | Date of initiation of liquidation | |
4 | Date of appointment of liquidator | |
5 | Date of commencement of CIRP | |
6 | Name of RP during CIRP and his registration No. as IP | |
7 | Name of Liquidator and his registration No. as IP | |
8 | Date of Publication of Public Announcement under Form B | |
9 | Date of Intimation to Registry and Information Utility, if any, about commencement of Liquidation | |
10 | Date of handover of charge by RP | |
11 | Date of submission of compliance, if any, directed by AA in the liquidation order and its particulars | |
12 | Date of appointment of registered valuers, if any | |
13 | Date of notice for uncalled capital/unpaid capital contribution | |
14 | Date of realisation of uncalled capital/unpaid capital contribution | |
15 | Date of realisation of uncalled capital/unpaid capital contribution | |
16 | Date of constitution of Consultation Committee | |
17 | No. of meetings of consultation committee held | |
18 | Date of submission of list of stakeholders to AA | |
20 | Date of filing of preliminary report & assets memorandum to AA | |
21 | Fair value | |
22 | Liquidation value | |
23 | Date of public | |
24 | Date of order of AA to dispense with the public | |
25 | Date of permission of AA for physical Auction | |
26 | Date of permission of AA for private sale | |
27 | Date of permission of AA for distribution of unsold assets to stakeholders | |
28 | Date of permission of the liquidator to realise the un-relinquished security interest by the secured creditor | |
29 | Modified list of stakeholders and date of submission to AA | |
30 | Date of first realisation | |
31 | Date of second realisation | |
32 | Date of first distribution | |
33 | Date of second distribution | |
34 | Date of submission of Quarterly Progress Report-I (FY-1) | |
35 | Date of submission of Asset Sales Report to AA | |
36 | Date of submission of Quarterly Progress Report-II | |
37 | Date of submission of Quarterly Progress Report-III | |
38 | Date of submission of Quarterly Progress Report-IV & Audit Report | |
39 | Date of submission of Quarterly Progress Report-I (FY-2) | |
40 | Date of submission of Quarterly Progress Report-II | |
41 | Date of submission of Quarterly Progress Report-III | |
42 | Date of submission of Quarterly Progress Report-IV & Audit Report | |
43 | Date of intimation to statutory authority as applicable. a) PF b) ESI c) Income Tax Dept d) Inspector of Factory e) GST/VAT f) Others | |
44 | Date of deposit of unclaimed dividends or undistributed proceeds and income and interest thereon, if any, under sub-regulations (2), (3) or (4) of regulation 46 (substituted vide the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020 dated 06.01.2020) | |
45 | Amount deposited into Corporate Liquidation Account: (a) Amount of unclaimed dividends (b) Amount of undistributed proceeds (c) Income referred to in sub-regulation (2) and (3) of regulation 46 (d) Interest referred to in sub-regulation (4) of regulation 46 Total (substituted vide the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020 dated 06.01.2020) | |
46 | Date of submission to the Board and the Authority under sub-regulation (5) of regulation 46 (substituted vide the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020 dated 06.01.2020) | |
47 | Date of Final Report to AA (prior to dissolution application) |
3. The details of the assets as per Asset Memorandum and Final Sale Report are as under:
SI.No. | Assets | Mode of Sale | Estimated Liquidation Value | Realisation Amount (Rs.) | Date of Transfer to Liquidation Account |
(1) | (2) | (3) | (4) | (5) | (6) |
4. (a) Liquidation value of the liquidation estate:
Sl. No. | Realisations | Amount (Rs.) |
1. | Opening balance as on liquidation commencement date (A) | |
Realisations (B) | ||
2. | Auctions of assets | |
3. | Private sales of assets | |
4. | Assignment of not readily realisable assets | |
5. | Distribution of unsold asset | |
6. | Others (specify) | |
Total (A+B) |
(b) Amount realised from sale of liquidation estate:
(c) The amounts distributed to stakeholders as per section 52 or 53 of Code are as under:
(Amount in Rs. lakh)
SI. No. | Stakeholders* under section 53 (1) | Amount Claimed | Amount Admitted | Amount Distributed | Amount Distributed to the Amount Claimed (%) | Remarks |
(1) | (2) | (3) | (4) | (5) | (6) | (7) |
1 | (a): CIRP Costs | |||||
2 | (a): Liquidation Costs | |||||
3 | (b)(i) | |||||
4 | (b)(ii) | |||||
5 | (c) | |||||
6 | (d) | |||||
7 | (e)(i) | |||||
8 | (e) (ii) | |||||
9 | (f) | |||||
10 | (g) | |||||
11 | (h) | |||||
Total |
*If there are sub-categories in a category, please add rows for each sub-category.
Sl. No. | Particulars | Details |
1. | Number of secured creditors who did not relinquish security interest | |
2. | Liquidation value of such security interest (Rs.) | |
3. | Amount of admitted claim of secured creditors (Rs.) | |
4. | Total realisation from such security interest (Rs.) | |
5. | Total Contribution made as per regulation 21A(2)(Rs.) (i+ii+iii) | |
i. Contribution made by secured creditors toward workmen's dues (Rs.) | ||
ii. Contribution made by secured creditors toward unpaid CIRP and Liquidation Cost (Rs.) | ||
iii. the excess of the realised value of the asset (Rs.) | ||
6. | Realised value received by secured creditor (Rs.) | |
7. | Date of realisation by secured creditor |
Sl. No. | Particulars | Details |
1. | Details of the assets | |
2. | Liquidation value of the assets (Rs.) | |
3. | Amount realised (Rs.) | |
4. | Name of the bidder | |
5. | Sharing of proceeds between bidder and creditors/ corporate debtor, if any | |
6. | Schedule of realisation by bidder |
5. The Liquidation Process has been conducted as per the timeline indicated in regulation 47 as under:
Section of the Code / Regulation No. | Description of Task | Timeline as per regulation 47 | Actual Timeline |
(1) | (2) | (3) | (4) |
Section 33 | Commencement of LCD and Appointment of Liquidator | T | T |
6. The following are deviations /non-compliances with the provisions of the Insolvency and Bankruptcy Code, 2016, regulations made, or circulars issued there under (If any deviation/ non-compliances were observed, please state the details and reasons for the same):
SI.No. | Deviation/Non-compliance observed | Section of the Code / Regulation No. / Circular No. | Reasons | Whether rectified or not |
(1) | (2) | (3) | (4) | (5) |
1 | ||||
2 | ||||
3 |
7. The dissolution application has been filed [before expiry of the period of one year] / [after expiry of one year]. Please state details of any extension sought with the reason and granted:
8. The details of application(s) filed / pending in respect of avoidance of transactions.
SI.No. | Type of Transaction | Date of Filing with Adjudicating Authority | Date of Order of the Adjudicating Authority | Brief of the Order |
(1) | (2) | (3) | (4) | (5) |
1 | Preferential transactions under section 43 | |||
2 | Undervalued transactions under section 45 | |||
3 | Extortionate credit transactions under section 50 | |||
4 | Fraudulent transactions under section 66 |
9. All undischarged or matters pending before any Court or Tribunal relating to corporate debtor, if any, have been reported to AA.
10. I (Name of Liquidator), hereby certify that the contents of this certificate are true and correct to the best of my knowledge and belief, and nothing material has been concealed there from.
(Signature)
Name of the Liquidator:
IP Registration No:
Address as registered with the Board:
Email id as registered with the Board:
Date:
Place:
Deposit of Unclaimed Dividends and / or Undistributed Proceeds
[Under Regulation 46 (5) of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016]
A. Details of Liquidation Process
Sl. No. | Description | Particulars |
(1) | (2) | (3) |
1 | Name of the Corporate Debtor | |
2 | Identification Number of CD (CIN/DIN) | |
3 | CIRP Commencement Date | |
4 | Liquidation Commencement Date | |
5 | Date of Deposit into the Corporate Liquidation Account | |
6 | Amount deposited into the Corporate Liquidation Account (Rs.) | |
7 | Bank Account from which the amount is transferred to Corporate Liquidation Account (a) Account No: (b) Name of Bank: (c) IFSC: (d) MICR: (e) Address of Branch of the Bank: | |
8 | Details of the Amount (Rs.) deposited into Corporate Liquidation Account (a) Unclaimed dividends (b) Undistributed proceeds (c) Income earned till the due date of deposit (d) Interest at the rate of twelve per cent on the amount retained beyond due date (Please show computation of interest amount) Total |
B. Details of Stakeholders entitled to Unclaimed Dividends or Undistributed Proceeds
Sl. No. | Name of stakeholder entitled to receive unclaimed dividends or undistributed proceeds | Address, phone number and email address of the stakeholder | Identification Number of the stakeholder (PAN, CIN, Aadhar No.) (Please attach Identification proof.) | Amount due to the stakeholder (Rs.) | Nature of Amount due | Remarks |
(1) | (2) | (3) | (4) | (5) | (6) | (7) |
1 | ||||||
2 | ||||||
3 | ||||||
C. Details of Deposit made into the Corporate Liquidation Account
I (Name of Liquidator) have deposited Rs…… (Rupees ….only) into the Corporate Liquidation Account on …. vide acknowledgment no.. … dated ……
I (Name of Liquidator) hereby certify that the details provided in this Form are true and correct to the best of my knowledge and belief, and nothing material has been concealed.
(Signature)
Name of the Liquidator
IP Registration No:
Address as registered with the Board:
Email id as registered with the Board:
Date:
Place:
Withdrawal from Corporate Liquidation Account
[Under Regulation 46 (7) of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016]
Sl. No. | Description | Particulars |
(1) | (2) | (3) |
1 | Name of the Corporate Debtor | |
2 | Identification Number of CD (CIN/DIN) | |
3 | CIRP Commencement Date | |
4 | Liquidation Commencement Date | |
5 | Date of Dissolution Order | |
6 | Date of Deposit into the Corporate Liquidation Account | |
7 | Name of the Stakeholder seeking withdrawal | |
8 | Identification Number of the Stakeholder (a) PAN (b) CIN (c) Aadhaar No. | |
9 | Address and Email Address of Stakeholder | |
10 | Amount of Claim of the Stakeholder, admitted by the Liquidator | |
11 | Amount of unclaimed dividends / undistributed proceeds deposited by the liquidator in the Corporate Liquidation Account against the stakeholder | |
12 | Amount of unclaimed dividends / undistributed proceeds the Stakeholder seeks to withdraw from the Corporate Liquidation Account | |
13 | Bank Account to which the amount is to be transferred from the Corporate Liquidation Account, if withdrawal is approved (a) Account No.: (b) Name of Bank: (c) IFSC: (d) MICR: (e) Address of Branch of the Bank: | |
14 | Reasons for not taking dividend or proceeds during the Liquidation Process | |
15 | Any legal disability in applying for withdrawal? (Yes / No), If yes, please provide details |
DECLARATION
I, [Name of stakeholder], currently residing at [insert address], hereby declare and state as follows:
1. I am entitled to receive a sum of Rs…. (Rupees … only) from the Corporate Liquidation Account, as presented above.
2. In respect of the said sum or any part thereof, neither I nor any person, by my order, to my knowledge or belief, for my use, has received any manner of satisfaction or security whatsoever, save and except the following: ……………
3. I undertake to refund the entire amount with interest as decided by the Board, in case the Board finds that I am not entitled to this amount.
4. I authorise the Board to initiate appropriate legal action against me if my claim is found false at any time.
Date:
Place:
(Signature of the Stakeholder)
VERIFICATION
I, [Name] the stakeholder hereinabove, do hereby verify that the contents of this Form are true and correct to my knowledge and belief and no material fact has been concealed therefrom.
Verified at … on this …… day of ………., 20…
(Signature of the Stakeholder)
[Note: In the case of a company or limited liability partnership, the declaration and verification shall be made by the director/manager/secretary and in the case of other entities, an officer authorised for the purpose by the entity]
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 |
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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.) |
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Date of call and amount called | Amount paid and date of payment | (Repeat columns as under first call) |
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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. | ||||||