Insolvency and Bankruptcy Board of India

No. IBBI/PR/2018/33

26thNovember, 2018

PRESS RELEASE

IBBI invites Suggestions and Comments on Draft Specimen:

a. Information Memorandum

b. Evaluation Matrix

c. Request for Resolution Plans, and

d. Resolution Plan.

The Insolvency and Bankruptcy Code, 2016 (Code) read with the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (Regulations) envisage inter alia preparation and issue / submission of (a) Information Memorandum, (b) Evaluation Matrix, (c) Request for Resolution Plans, and (d) Resolution Plan. These documents form the basis for various decisions by the stakeholders and hence the outcome of a corporate insolvency resolution process depends on quality of these documents.

2. The Code read with the Regulations indicate the content and purpose of the aforesaid documents. Market has developed best practices about detailed content of these documents from the perspective of adequacy and relevance for stakeholders. It, however, requires considerable skill and expertise and due diligence to prepare these documents which are complete, correct, relevant and user friendly, while confirming to the requirements of the Code and Regulations and meeting the need and expectations of the stakeholders.

3. A few stakeholders have prepared draft specimen of the aforesaid documents (placed as Annexures). The IBBI intends to refine these documents, with inputs from stakeholders, and release them as specimen for guidance of the stakeholders. It invites suggestions and comments from stakeholders as under:

Sl. No.	Document	Annexures	Suggestions and Comments may be mailed to:
1	2	3	4
1.	Draft Specimen of Information Memorandum along with a. Draft Specimen of Information Memorandum for a Corporate Debtor in Manufacturing Sector, and b. Draft Specimen of Information Memorandum for a Corporate Debtor in Power Sector.	A   A1   A2	[email protected]
2.	Draft Specimen of Evaluation Matrix	B
3.	Draft Specimen of Request for Resolution Plans	C
4.	Draft Specimen of Resolution Plan	D

4. The suggestions and comments may be mailed at the email address as indicated in column 4 of the above table, latest by15th December, 2018. In the subject line of the email, please state: “Comments on Information Memorandum (A, A1 and A2)/ Comments on Evaluation Matrix(B) / Comments on Request for Resolution Plans (C) / Comments on Resolution Plan (D).

Sd/-

(Methil Unnikrishnan)

General Manager

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Information memorandum and resolution plan specimens open for stakeholder comments; submissions due by 15 December. IBBI has published draft specimens of four core CIRP documents-Information Memorandum (including sector models), Evaluation Matrix, Request for Resolution Plans and Resolution Plan-based on the Code and Regulation 36, seeking stakeholder suggestions to refine them as guidance. The Model Information Memorandum is split into a Statutory IM (assets/liabilities, audited/provisional financials, creditors, related party dues, guarantors, >1% members, material litigation, employee dues) and a Transaction IM (business overview, financials, capex, industry, forecasts, annexures). Comments were invited by email to [email protected] by 15 December 2018 with specified subject lines.