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FORM FOR PUBLIC ANNOUNCEMENT

DR.MARIAPPAN GOVINDARAJAN

Dear Experts,

I was appointed as IRP in one personal guarantor case. I have to issue public announcement. There is no prescribed format in the Code and regulations. Can any one can make it available to me.

Thanks in advance.

IRP Seeks Guidance on Public Announcement Format for Personal Guarantor Cases; CIRP Forms Deemed Inapplicable by IBBI An individual appointed as an Interim Resolution Professional (IRP) for a personal guarantor case sought guidance on issuing a public announcement, noting the absence of a prescribed format in the Code and regulations. A respondent provided a format under the Corporate Insolvency Resolution Process (CIRP) regulations, which was clarified as inapplicable to personal guarantor cases. The individual confirmed that the Insolvency and Bankruptcy Board of India (IBBI) clarified the CIRP forms are not suitable for personal guarantors, and any advertisement should include necessary elements as per the Act and regulations. (AI Summary)
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Sadanand Bulbule on Aug 20, 2024

Dear Sir

Is this what you intend to have?

FORM A

Public Announcement

(Under Regulation 6 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)

FOR THE ATTENTION OF THE CREDITORS OF [NAME OF CORPORATE DEBTOR]

Relevant Particulars

 

Name of corporate debtor

 
 

Date of incorporation of corporate debtor

 
 

Authority under which corporate debtor is incorporated / registered

 
 

Corporate Identity No. / Limited Liability Identification No. of corporate debtor

 
 

Address of the registered office and principal office (if any) of corporate debtor

 
 

Insolvency commencement date in respect of corporate debtor

 
 

Estimated date of closure of insolvency resolution process

 
 

Name and registration number of the insolvency professional acting as interim resolution professional

 

9.

Address and e-mail of the interim resolution professional, as registered with the Board

 

10.

Address and e-mail to be used for correspondence with the interim resolution professional

 

11.

Last date for submission of claims

 

12.

Classes of creditors, if any, under clause (b) of sub-section (6A) of section 21, ascertained by the interim resolution professional

Name the class(es)

13.

Names of Insolvency Professionals identified to act as Authorised Representative of creditors in a class (Three names for each class)

1.

2.

3.

14.

  1. Relevant Forms and
  2. Details of authorized representatives

are available at:

Web link:…..

Physical Address:…….

Notice is hereby given that the National Company Law Tribunal has ordered the commencement of a corporate insolvency resolution process of the [name of the corporate debtor] on [insolvency commencement date].

The creditors of [name of the corporate debtor], are hereby called upon to submit their claims with proof on or before [insert the date falling fourteen days from the appointment of the interim resolution professional] to the interim resolution professional at the address mentioned against entry No. 10.

The financial creditors shall submit their claims with proof by electronic means only. All other creditors may submit the claims with proof in person, by post or by electronic means.

A financial creditor belonging to a class, as listed against the entry No. 12, shall indicate its choice of authorised representative from among the three insolvency professionals listed against entry No.13 to act as authorised representative of the class [specify class] in Form CA.

Submission of false or misleading proofs of claim shall attract penalties.

Name and Signature of Interim Resolution Professional       :

Date and Place            :                                  

DR.MARIAPPAN GOVINDARAJAN on Aug 20, 2024

Dear Sir,

This is meant for Corporate Insolvency Resolution Process.  I asked is for insolvency resolution process by personal guarantor to corporate debtor.  I sought clarifications from IBBI.  IBBI  now clarified that the CIRP forms and not applicable to personal guarantor case.  Therefore the advertisement  may be in any form but includes the ingredients as contained in the Act and regulations.  

Thank you, Sir

Sadanand Bulbule on Aug 20, 2024

Dear Sir

Thanks for your quick associated clarification.

Warm regards

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