Liability for prior offences etc. [ section 32A]
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....vide immunity against prosecution of CDs resolved under the IBC, to prevent action against the property of such CDs, and to provide for the successful resolution of the applicant subject to fulfillment of certain conditions. Liability of corporate debtor for an offence prior to the commencement of CIRP [ Section 32A(1) ] * Notwithstanding anything to the contrary contained in this Code or any o....
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.... and has submitted or filed a report or a complaint to the relevant statutory authority or Court: * Provided that if a prosecution had been instituted during the corporate insolvency resolution process against such corporate debtor, it shall stand discharged from the date of approval of the resolution plan subject to requirements of this sub-section having been fulfilled: * Provided further th....
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....Debtor [ Section 32A(2) ] No action shall be taken against the property of the corporate debtor in relation to an offence committed prior to the commencement of the corporate insolvency resolution process of the corporate debtor, where such property is covered under a resolution plan approved by the Adjudicating Authority under section 31, which results in the change in control of the corporate d....
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.... property under such law as may be applicable to the corporate debtor; * (ii) nothing in this sub-section shall be construed to bar an action against the property of any person, other than the corporate debtor or a person who has acquired such property through corporate insolvency resolution process or liquidation process under this Code and fulfils the requirements specified in this section, ag....
TaxTMI
TaxTMI