Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
IBBI specifies mandatory formats under Regulation 38(3A) of the CIRP Regulations for inclusion in every resolution plan: (i) a "Statement of Beneficial Ownership" capturing prescribed particulars for each beneficial owner, with beneficial ownership determined under Rule 9(3) of the PMLA (Maintenance of Records) Rules, 2005 and requiring disclosure of intermediate entities; this standardises beneficial ownership disclosures and supports verification, with misrepresentation attracting consequences under applicable law. (ii) A notarised affidavit by the prospective resolution applicant's authorised signatory declaring eligibility or ineligibility for Section 32A benefit, with brief supporting facts; this compels an express Section 32A status declaration. The resolution professional must ensure both documents form part of the plan placed before the CoC and filed under Section 30(6).
IBBI specifies mandatory formats under Regulation 38(3A) of the CIRP Regulations for inclusion in every resolution plan: (i) a "Statement of Beneficial Ownership" capturing prescribed particulars for each beneficial owner, with beneficial ownership determined under Rule 9(3) of the PMLA (Maintenance of Records) Rules, 2005 and requiring disclosure of intermediate entities; this standardises beneficial ownership disclosures and supports verification, with misrepresentation attracting consequences under applicable law. (ii) A notarised affidavit by the prospective resolution applicant's authorised signatory declaring eligibility or ineligibility for Section 32A benefit, with brief supporting facts; this compels an express Section 32A status declaration. The resolution professional must ensure both documents form part of the plan placed before the CoC and filed under Section 30(6).
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