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Cessation of corporate liability for pre-insolvency offences when an approved resolution plan transfers control to an unrelated person. Liability for pre-CIRP offences ceases for the corporate debtor upon approval of a resolution plan that effects change of management or control to a person who is not a promoter/related party nor reasonably suspected of abetment or conspiracy; prosecutions instituted during CIRP stand discharged subject to these conditions. Designated partners, officers in default, and persons directly or indirectly involved in the offence remain prosecutable. Property covered by such approved plans or liquidation sales to qualifying purchasers is protected from attachment, seizure, retention or confiscation, while cooperation with investigating authorities remains mandatory.
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Provisions expressly mentioned in the judgment/order text.
Cessation of corporate liability for pre-insolvency offences when an approved resolution plan transfers control to an unrelated person.
Liability for pre-CIRP offences ceases for the corporate debtor upon approval of a resolution plan that effects change of management or control to a person who is not a promoter/related party nor reasonably suspected of abetment or conspiracy; prosecutions instituted during CIRP stand discharged subject to these conditions. Designated partners, officers in default, and persons directly or indirectly involved in the offence remain prosecutable. Property covered by such approved plans or liquidation sales to qualifying purchasers is protected from attachment, seizure, retention or confiscation, while cooperation with investigating authorities remains mandatory.
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