Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
A suspended director who is also a personal guarantor may qualify as a person aggrieved because the CIRP outcome can expose personal assets to creditor enforcement. The notes explain that objections to CIRP must be raised promptly, and belated attempts to undo an advanced process undermine the Code's time-bound framework. CIRP valuations must be conducted by registered valuers under the prescribed regulations; they inform but do not bind the CoC, and earlier or private valuations do not displace compliant CIRP valuations. An investor commitment letter is not a resolution plan unless submitted in the prescribed form and timeline. Review of an approved plan remains limited to statutory non-compliance or material irregularity and does not extend to reassessing the CoC's commercial decision.
A suspended director who is also a personal guarantor may qualify as a person aggrieved because the CIRP outcome can expose personal assets to creditor enforcement. The notes explain that objections to CIRP must be raised promptly, and belated attempts to undo an advanced process undermine the Code's time-bound framework. CIRP valuations must be conducted by registered valuers under the prescribed regulations; they inform but do not bind the CoC, and earlier or private valuations do not displace compliant CIRP valuations. An investor commitment letter is not a resolution plan unless submitted in the prescribed form and timeline. Review of an approved plan remains limited to statutory non-compliance or material irregularity and does not extend to reassessing the CoC's commercial decision.
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