Insolvency and Bankruptcy Board of India (Liquidation Process) (Fourth Amendment) Regulations, 2020 - IBBI/2020-21/GN/REG067 - Insolvency and Bankruptcy
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Assignment of debts and not readily realisable assets permitted during liquidation, subject to disclosure to liquidator and stakeholder consultation. Creditors are permitted to assign or transfer debts during liquidation provided both parties disclose assignment terms and assignee identity to the liquidator, who must update the stakeholders' list. Liquidators may assign not readily realisable assets through a transparent process in consultation with the stakeholders' consultation committee to persons eligible to submit a resolution plan; 'not readily realisable asset' includes contingent, disputed assets and assets tied to proceedings under the Code. Regulation 38(1) is amended to replace 'cannot be readily or advantageously sold' with 'could not be sold, assigned or transferred.'
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.
Assignment of debts and not readily realisable assets permitted during liquidation, subject to disclosure to liquidator and stakeholder consultation.
Creditors are permitted to assign or transfer debts during liquidation provided both parties disclose assignment terms and assignee identity to the liquidator, who must update the stakeholders' list. Liquidators may assign not readily realisable assets through a transparent process in consultation with the stakeholders' consultation committee to persons eligible to submit a resolution plan; "not readily realisable asset" includes contingent, disputed assets and assets tied to proceedings under the Code. Regulation 38(1) is amended to replace "cannot be readily or advantageously sold" with "could not be sold, assigned or transferred."
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