IBC | Legislative Alert | Existing CIRPs to provide for the appointment of an authorized representative for “class of creditors”
IBC | Legislative Alert Further to notification of the IBBI (Insolvency Resolution Process for Corporate Persons) (Third Amendment) Regulations, 2018, dated 3 July 2018 (“CIRP Amendment”), the Insolvency and Bankruptcy Board of India (“IBBI”) has applied the provisions of CIRP Amendment in relation to appointment of authorised representative for class of creditors, to the existing corporate insolvency resolution processes (“CIRP”) as well, vide a clarificatory circular issued on 13 July 2018 (available here) (“IBBI Circular”). The IBBI Circular states that such appointments are matters of procedure. As per the amendment introduced by the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 promulgated on 6 June 2018 (“2018 Ordinance”), it had provided for ability of appointment of authorised representative for “class of creditors”, that is, creditors other than creditors in relation to consortium arrangements, Tandoor Manufacturer syndicate facility, where financi...
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