Independence requirement prevents non independent or restrained professionals from appointment as resolution professional. Eligibility to act as a resolution professional for the fast track process requires independence of the professional and all partners/directors of his entity, defined by independent director eligibility, absence of related party status, and lack of certain recent professional or employment relationships with the corporate debtor; persons or entities under a Board restraint order are ineligible; appointment requires disclosures under the Code of Conduct; continuation is prohibited if the professional's firm or its partners/directors represent other stakeholders in the same process.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Independence requirement prevents non independent or restrained professionals from appointment as resolution professional.
Eligibility to act as a resolution professional for the fast track process requires independence of the professional and all partners/directors of his entity, defined by independent director eligibility, absence of related party status, and lack of certain recent professional or employment relationships with the corporate debtor; persons or entities under a Board restraint order are ineligible; appointment requires disclosures under the Code of Conduct; continuation is prohibited if the professional's firm or its partners/directors represent other stakeholders in the same process.
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