Regulation 28A - Transfer of assets of guarantor taken into possession
Insolvency and Bankruptcy Board of India (Insolvency Resolution Process For Corporate Persons) Regulations, 2016 Chapter VIII CONDUCT OF CORPORATE INSOLVENCY RESOLUTION PROCESS
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Transfer of guarantor assets in insolvency requires committee approval, disclosure in the information memorandum, and stakeholder safeguarding. Transfer of assets of a personal guarantor or corporate guarantor taken into possession by a creditor may be placed before the committee for permission as part of the insolvency resolution. The proposal must describe the asset, state its estimated realisable value, and include the creditor's consent or proof of approval permitting transfer. If approved, the resolution professional must disclose the transfer in the information memorandum, specify it in the request for resolution plans, and ensure the plan provides for treatment of the proceeds. The committee must consider the asset's value and the treatment of proceeds to safeguard stakeholders.
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.
Transfer of guarantor assets in insolvency requires committee approval, disclosure in the information memorandum, and stakeholder safeguarding.
Transfer of assets of a personal guarantor or corporate guarantor taken into possession by a creditor may be placed before the committee for permission as part of the insolvency resolution. The proposal must describe the asset, state its estimated realisable value, and include the creditor's consent or proof of approval permitting transfer. If approved, the resolution professional must disclose the transfer in the information memorandum, specify it in the request for resolution plans, and ensure the plan provides for treatment of the proceeds. The committee must consider the asset's value and the treatment of proceeds to safeguard stakeholders.
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