TaxTMI 
TaxTMI 
Insolvency and Bankruptcy (prepackaged insolvency resolution process) Rules, 2021.
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....kruptcy Code, 2016 (31 of 2016); (b) "pre-packaged insolvency resolution process" means the insolvency resolution process for corporate persons under Chapter III-A of Part II of the Code; (c) "Form" means a Form appended to these rules; and (d) "identification number" means the limited liability partnership identification number or the corporate identity number, as the case may be, of the corporate person. (2) Unless the context otherwise requires, words and expressions used and not defined herein, shall have the same meaning respectively assigned to them in the Code. 4. Filing of application. - (1) A corporate applicant, shall make an application for initiating pre-packaged insolvency resolution process under sub-section (1) of section 54C of the Code in Form 1, accompanied with affidavit, documents or records as referred in Annexures therein, in electronic form, along with a fee of rupees fifteen thousand: Provided that in case, electronic facility is not available for filing such application, the application and the accompanying documents may be filed in physical form, and wherever the accompanying documents are b....
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....E CLAUSE AS PER MEMORANDUM OF ASSOCIATION (AS APPLICABLE) 6. NAME, ADDRESS AND AUTHORITY OF PERSON SUBMITTING APPLICATION ON BEHALF OF CORPORATE APPLICANT (ENCLOSE AUTHORISATION) 7. NAME AND ADDRESS OF PERSON RESIDENT IN INDIA AUTHORISED TO ACCEPT THE SERVICE OF PROCESS ON BEHALF OF CORPORATE APPLICANT (ENCLOSE AUTHORISATION) 8. DETAILS OF CORPORATE DEBTOR FOR THE PURPOSES OF SECTION 54A(1) OF THE CODE - (i) UDYAM REGISTRATION NUMBER, AS PER NOTIFICATION NO. 2119(E) DATED 26.06.2020 OF MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES (ATTACH A COPY OF THE LATEST AND UPDATED UDYAM REGISTRATION CERTIFICATE) OR (ii) INVESTMENT IN PLANT AND MACHINERY OR EQUIPMENT AND TURNOVER CALCULATED AS PER NOTIFICATION NO. 2119(E) DATED 26.06.2020 OF MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES (ATTACH PROOF THEREOF) 9. DOCUMENTATION TO SHOW THAT THE CORPORATE APPLICANT IS AUTHORISED TO INITIATE THE PRE-PACKAGED INSOLVENCY RESOLUTION PROCESS Part-II PARTICULARS OF PROPOSED RESOLUTION PROFESSIONA....
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....t/by hand/electronic means to the Board. Yours sincerely Signature of person authorised to act on behalf of the corporate applicant Name in block letters Position with or in relation to the corporate applicant Address of person signing AFFIDAVIT I, [insert full name, address and occupation of deponent] do solemnly affirm and state as follows:-- 1. [Name of the corporate debtor] is eligible for a pre-packaged insolvency resolution process in accordance with section 54A of the Insolvency and Bankruptcy Code, 2016(Code) and the associated rules and regulations. 2.[Name of proposed resolution professional], is fully qualified and permitted to act as a resolution professional for the pre-packaged insolvency resolution process of the corporate debtor, in accordance with the Code and the associated rules and regulations. 3.This application is being filed within the time period stipulated for the filing of this application in the declaration of the majority of directors or partners of the [name ....
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....ecial resolution or resolution of the members or partners of the corporate debtor, as the case may be, as referred to in section 54A(2)(g) of the Code. Annex VII Approval of creditors under section 54A(3) of the Code for filing application for initiating prepackaged insolvency resolution process, as set out in Form P4 of the Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) Regulations, 2021. Annex VIII Report of the insolvency professional proposed to be appointed as the resolution professional as referred to in section 54B(1)(a) of the Code, as set out in Form P8 of the Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) Regulations, 2021. Annex IX Declaration regarding the existence of any transactions of the corporate debtor, as referred to in section 54C(3)(c) of the Code, as set out in Form P7 of the Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) Regulations, 2021. Annex X Affidavit stating that the corporate debtor is eligible under section 29A of the Code to submit resolution plan in the pre-packaged insolvency resolution process of the corpor....