Insolvency and Bankruptcy Board of India (Inspection and Investigation) (Amendment) Regulations, 2022 - IBBI/2022-23/GN/REG087 - Insolvency and Bankruptcy
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Interim orders on material available permit the disciplinary committee to issue immediate directions upon prima facie Code violations. The amendments substitute 'stakeholder' for 'clients' and treat processing of complaints or grievance material under the Grievance Regulations as an investigation, equating processing papers with the investigation report. They establish that, where material on record prima facie shows violation of the Code or subordinate instruments, the Board may refer the matter to the Disciplinary Committee which may pass interim orders and directions. Show cause procedure is tightened: notices must specify alleged violations and consequences, be served electronically (with registered post copy), allow a reduced response period, and the Disciplinary Committee must endeavour to dispose of matters within a short prescribed period; orders are to be published and, if an insolvency professional is involved, notified to relevant bodies and creditors.
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.
Interim orders on material available permit the disciplinary committee to issue immediate directions upon prima facie Code violations.
The amendments substitute "stakeholder" for "clients" and treat processing of complaints or grievance material under the Grievance Regulations as an investigation, equating processing papers with the investigation report. They establish that, where material on record prima facie shows violation of the Code or subordinate instruments, the Board may refer the matter to the Disciplinary Committee which may pass interim orders and directions. Show cause procedure is tightened: notices must specify alleged violations and consequences, be served electronically (with registered post copy), allow a reduced response period, and the Disciplinary Committee must endeavour to dispose of matters within a short prescribed period; orders are to be published and, if an insolvency professional is involved, notified to relevant bodies and creditors.
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