Regulation 5 - Eligibility norms for appointment as an Administrator
Securities and Exchange Board of India (Appointment of Administrator and Procedure for Refunding to the Investors) Regulations, 2018 Part I Administrator
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Conflict of interest in administrator appointments must be disclosed and may be decided by the Recovery Officer. Eligibility to act as an Administrator requires registration as an Insolvency Resolution Professional and empanelment by the Board; appointments are barred where facts raise justifiable doubts about independence or impartiality, with conflict questions decided by the Recovery Officer. The Administrator must undertake absence of conflict with the defaulter, its personnel and group entities and must promptly disclose any conflicts arising during tenure; the Administrator is deemed a public servant for applicable penal provisions.
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.
Conflict of interest in administrator appointments must be disclosed and may be decided by the Recovery Officer.
Eligibility to act as an Administrator requires registration as an Insolvency Resolution Professional and empanelment by the Board; appointments are barred where facts raise justifiable doubts about independence or impartiality, with conflict questions decided by the Recovery Officer. The Administrator must undertake absence of conflict with the defaulter, its personnel and group entities and must promptly disclose any conflicts arising during tenure; the Administrator is deemed a public servant for applicable penal provisions.
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