Rule 5 - Corporate Insolvency Resolution Process of financial service providers
Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudicating Authority) Rules, 2019
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Corporate insolvency resolution for financial service providers requires regulator-initiated applications and regulator clearance of resolution controllers. Initiation of CIRP for financial service providers occurs only on application by the appropriate regulator, which nominates the Administrator; an interim moratorium operates from filing until admission or rejection while preserving the licence. The regulator may constitute an Advisory Committee to advise the Administrator; members' compensation is part of insolvency costs. Resolution plans must demonstrate how the applicant will satisfy legal requirements to carry on financial-service business, and the Administrator must obtain the regulator's 'no objection' to post-plan controllers, with fit-and-proper assessment and deemed approval if not refused within the specified working-day period.
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.
Corporate insolvency resolution for financial service providers requires regulator-initiated applications and regulator clearance of resolution controllers.
Initiation of CIRP for financial service providers occurs only on application by the appropriate regulator, which nominates the Administrator; an interim moratorium operates from filing until admission or rejection while preserving the licence. The regulator may constitute an Advisory Committee to advise the Administrator; members' compensation is part of insolvency costs. Resolution plans must demonstrate how the applicant will satisfy legal requirements to carry on financial-service business, and the Administrator must obtain the regulator's 'no objection' to post-plan controllers, with fit-and-proper assessment and deemed approval if not refused within the specified working-day period.
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