TaxTMI 
TaxTMI 
Formats under the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
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....P Regulations, the following formats are hereby specified: Sl. No. Regulation Description Form 1. Regulation 6 Public Announcement Form A 2. Regulation 3(1A), (1B) Written Consent to Act as Resolution Professional Form AA 3. Regulation 4A(3) Written Consent to Act as Authorised Representative Form AB 4. Regulation 3A Format for list of assets and records Form AC 5. Regulation 7 Proof of Claim by Operational Creditors except Workmen and Employees Form B 6. Regulation 8 Submission of claim by Financial Creditors Form C 7. Regulation 8A Submission of claim by Financial Creditors in a Class Form CA 8. Regulation 9 Proof of Claim by a Workman or an Employee Form D 9. Regulation 9 Proof of Claim submitted by Authorised Representative of Workmen or Employees Form E 10. Regulation 9A Proof of Claim by Creditors (other than financial creditors and operational creditors) Form F 11. Regulation 30A Application for Withdrawal of Corporate Insolvency Resolution Process Form FA 12. Regulation 36A(1) Invitation for Expression of Interest Form G....
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....mit their claims with proof on or before [insert the date falling fourteen days from the appointment of the interim resolution professional] to the interim resolution professional at the address mentioned against entry No. 10. The financial creditors shall submit their claims with proof by electronic means only. All other creditors may submit the claims with proof in person, by post or by electronic means. A financial creditor belonging to a class, as listed against the entry No. 12, shall indicate its choice of authorised representative from among the three insolvency professionals listed against entry No.13 to act as authorised representative of the class [specify class] in Form CA. Submission of false or misleading proofs of claim shall attract penalties. Name and Signature of Interim Resolution Professional : Date and Place: FORM AA WRITTEN CONSENT TO ACT AS RESOLUTION PROFESSIONAL (Under Regulation 3(1A) and (1B) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016) [Date] From [Name of the insolvency professional] [Registration number of the insolvency professional] [Addr....
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....al] To The Interim Resolution Professional [name of corporate debtor] Subject: Written Consent to act as authorized representative. I, [name], an insolvency professional enrolled with [name of insolvency professional agency] and registered with the Board, note that you have proposed to appoint me as the authorized representative of financial creditors in a class [specify class] in the corporate insolvency resolution process of [name of the corporate debtor]. 2. In accordance with regulation 4(A) of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, I hereby give my consent to the proposed appointment. 3. I declare and affirm as under: - a. I am registered with the Board as an insolvency professional. b. I am not subject to any disciplinary proceedings initiated by the Board or the Insolvency Professional Agency. c. I do not suffer from any disability to act as an authorized representative. d. I shall not canvass with the creditors to indicate their choice in my favour in Form CA. e. I am having the following processes in hand: Sl. No. Role as No. of Processes on the date of Con....
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....t been handed over) Sl. No. Description of Asset / Record Reason for not handing over Present location / possessor Remarks 1. 2. 3. Signatures This list has been prepared and signed in the presence of the following witnesses: Person handing over IRP / RP Witness 1 Witness 2 Name Designation Signature Date and Place Note: (i) This list shall be signed by the person handing over as well as the IRP / RP, and by at least two individuals who have witnessed the act of taking control and custody of such assets and records, as required under sub-regulation (4) of Regulation 3A. (ii) Where assets or records have not been handed over, the IRP / RP shall prepare the list under sub-regulation (3) of Regulation 3A. (iii) The categories of records, information and assets set out in this format are illustrative and not exhaustive. Any person cover....
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....etention of title arrangement in respect of goods or properties to which the claim refers 10. Details of the bank account to which the amount of the claim or any part thereof can be transferred pursuant to a resolution plan 11. List of documents attached to this proof of claim in order to prove the existence and non-payment of claim due to the operational creditor Signature of operational creditor or person authorised to act on his behalf [Please enclose the authority if this is being submitted on behalf of an operational creditor] Name in BLOCK LETTERS Position with or in relation to creditor Address of person signing * PAN number, passport, AADHAAR Card or the identity card issued by the Election Commission of India DECLARATION I, [Name of claimant], currently residing at [insert address], hereby declare and state as follows :- 1. [Name of corporate debtor], the corporate debtor was, at the insolvency commencement date, being the .............. day of ..............20 ........., actually indebted to me in the sum of Rs. [insert amount of claim]. 2. In respect of my claim of the said sum or any par....
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....poration. If a partnership or individual provide identification records* of all the partners or the individual) 3. Address and email address of the financial creditor for correspondence 4. Details of claim, if it is made against corporate debtor as principal borrower: (i) Amount of claim (ii) Amount of claim covered by security interest, if any (Please provide details of security interest, the value of the security, and the date it was given) (iii) Amount of claim covered by guarantee, if any (Please provide details of guarantee held, the value of the guarantee, and the date it was given) (iv) Name and address of the guarantor(s) 5. Details of claim, if it is made against corporate debtor as guarantor: (i) Amount of claim (ii) Amount of claim covered by security interest, if any (Please provide details of security interest, the value of the security, and the date it was given) (iii) Amount of claim covered by guarantee, if any (Please provide details of guarantee held, the value of the guarantee, and the date it was given) (iv) Name and address of the principal bo....
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....m eligible to join committee of creditors by virtue of proviso to section 21 (2) of the Code even though I am a related party of the corporate debtor. Date: Place: (Signature of the claimant) VERIFICATION I, [Name] the claimant hereinabove, do hereby verify that the contents of this proof of claim are true and correct to my knowledge and belief and no material fact has been concealed therefrom. Verified at ...... on this ........ day of ............20. ...... (Signature of claimant) [Note: In the case of company or limited liability partnership, the declaration and verification shall be made by the director/manager/secretary/designated partner and in the case of other entities, an officer authorised for the purpose by the entity.] FORM CA SUBMISSION OF CLAIM BY FINANCIAL CREDITORS IN A CLASS (Under regulation 8A of the Insolvency and Bankruptcy (Insolvency Resolution Process for Corporate Persons) Regulations, 2016) [Date] From [Name and address of the financial creditor, including address of its registered office and principal office] To The Interim Resolution Professional / Resolution Professional [Name of the Insolvency Resol....
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....olvency commencement date, being the...............day of. ...............20 ............., actually indebted to me for a sum of Rs. [insert amount of claim]. 2. In respect of my claim of the said sum or any part thereof, I have relied on the documents specified below: [Please list the documents relied on as evidence of claim]. 3. The said documents are true, valid and genuine to the best of my knowledge, information and belief and no material facts have been concealed therefrom. 4. In respect of the said sum or any part thereof, neither I, nor any person, by my order, to my knowledge or belief, for my use, had or received any manner of satisfaction or security whatsoever, save and except the following: [Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the creditor which may be set-off against the claim]. 5. I am / I am not a related party of the corporate debtor, as defined under section 5 (24) of the Code. 6. I am eligible to give voting instruction to the authorized representative by virtue of proviso to section 21 (2) of the Code even though I am a related par....
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.... bank account to which the amount of the claim or any part thereof can be transferred pursuant to a resolution plan 10. List of documents attached to this proof of claim in order to prove the existence and non-payment of claim due to the operational creditor Signature of workman / employee or person authorised to act on his behalf [Please enclose the authority if this is being submitted on behalf of an operational creditor] Name in BLOCK LETTERS Position with or in relation to creditor Address of person signing DECLARATION I, [Name of claimant], currently residing at [insert address], do hereby declare and state as follows :- 1. [Name of corporate debtor], the corporate debtor was, at the insolvency commencement date, being the ................. day of .............. 20 ......., actually indebted to me in the sum of Rs. [insert amount of claim]. 2. In respect of my claim of the said sum or any part thereof, I have relied on the documents specified below: [Please list the documents relied on as evidence of claim]. 3. The said documents are true, valid and genuine to the best of my knowledge, information and belief and no m....
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....any manner of satisfaction or security whatsoever, save and except the following: [Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the creditor which may be set-off against the claim.] Deponent ANNEXURE A 1. Details of Employees/ Workmen S No. Name of Employee/ Workman Identification number (PAN number, Passport or AADHAAR card) Total amount due (Rs.) Period over which amount due 1. 2. 3. 4. 2. Particulars of how debt was incurred by the corporate debtor, including particulars of any dispute as well as the record of pendency of suit or arbitration proceedings (if any). 3. Particulars of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the creditor which may be set-off against the claim. ATTACHMENTS: [Documents relied as evidence as proof of debt and as proofs of non-payment of debt.] DECLARATION I, [Name of claimant], currently residing at [insert addre....
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....rtnership or individual, provide identification record* of all partners or the individuals) 3. Address and email address of the creditor for correspondence 4. Description of the claim (Including the amount of the claim as at the insolvency commencement date) 5. Details of documents by reference to which claim can be substantiated 6. Details of how and when the claim arose 7. Details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the creditor which may be set-off against the claim 8. Details of: a. any security held, the value of security and its date, or b. retention title arrangement in respect of goods or properties to which the claim refers 9. Details of bank account to which the amount of the claim or any part thereof can be transferred pursuant to a resolution plan 10. List of documents attached to this claim in order to prove the existence and non- satisfaction of claim due to the creditor S....
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....ench] In the matter of: [name of the corporate debtor] Subject: Application for withdrawal of an application admitted reg. CIRP for [name of the corporate debtor] I, [Name of the Insolvency Professional], an insolvency professional enrolled with [name of insolvency professional agency] and registered with the Insolvency and Bankruptcy Board of India having registration number [registration number], am acting as the Resolution Professional for the corporate insolvency resolution process ("CIRP") of [name of the corporate debtor]. 2. I hereby submit this application for withdrawal of the application bearing [diary number; CP number] admitted by this Hon'ble Adjudicating Authority under section __of the Insolvency and Bankruptcy Code, 2016, in pursuance of the approval granted by the Committee of Creditors, in accordance with section 12A of the Code read with regulation 30A of the CIRP Regulations. 3. The details of the meeting of the Committee of Creditors at which withdrawal was approved are as under: (a) Date of Committee of Creditors meeting:_________ (b) Voting share approving withdrawal: _________(___%) 4. I enclose herewith the records of....
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.... 39(3C) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016] Date:_______ To The Adjudicating Authority [National Company Law Tribunal, _______Bench] In the matter of: [Name of the Corporate Debtor] Subject: Application for separate approval of implementation of resolution plan and manner of distribution of [name of corporate debtor] under the second proviso to sub- section (1) of section 31 of the Insolvency and Bankruptcy Code, 2016. 1. Details of the Corporate Debtor Name of the Corporate Debtor CIN / LLPIN Registered Address Insolvency Commencement Date CIRP Period in days from ICD (including extensions, if any) 2. Details of the Successful Resolution Applicant Name of the Successful Resolution Applicant 3. Details of Committee of Creditors Approval Date of CoC meeting at which resolution plan was a....
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....ase of multiple issuance of EoI, please specify all such dates) 10 Date of Final List of Eligible Prospective Resolution Applicants 11 Date of Invitation of Resolution Plan 12 Last Date of Submission of Resolution Plan 13 Date of submission of Resolution Plan to the RP 14 Date of placing the Resolution Plan before the CoC 15 Date of Approval of Resolution Plan by CoC 16 Date of Filing of Resolution Plan with Adjudicating Authority 17 Date of Expiry of 180 days of CIRP 18 Date of each order extending/excluding the period of CIRP on request filed by RP 19 Date of Expiry of Extended Period of CIRP 20 Fair Value 21 Liquidation value 22 Number of Meetings of CoC held 1B. (i) Whether Application for approval of Resolution Plan filed within 180 days of CIRP initiation - Y/N (ii) Number of days beyond 180 days taken for filing application for resolution plan:__________ (iii) Reasons for delay:___________ 2. I hereby certify that- (i) the said Resolution P....
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....ims 4. Resolution Plan Value (including insolvency resolution process cost, infusion of funds etc) (In the case of real estate CDs, provide the monetary value of flats etc. given to allottees) (pls attach copy of Resolution plan) 5. Voting percentage (%) of CoC in favour of Resolution Plan (pls attach copy of minutes approving resolution plan) 5. Details of implementation of resolution plan: Sl. No. Particulars Description 1. Amount of Performance Guarantee furnished by SRA (in Rs.) and its validity (attach document) 2. Source of funds (in brief) 3. Capital restructuring and management of CD post approval of resolution plan (in brief including shareholding proposed to be transferred in favour of SRA) 4. Term and implementation of plan (in brief) 5. Details of monitoring committee (in brief) 6. Effective date of resolution plan implementation 6. The list of financial creditors of the CD being members of the CoC and distribution of voting share among them is as under: Sl. No. Name of Cr....
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....; 2 9. Steps to be taken by the concerned parties post approval of resolution plan by AA: Next Step(s) Name of Party Timeline 10. Details of Income Tax losses carry forward under Section 79(2)(c) of Income Tax Act, 1961, if any. 11. Amount of Regulatory fee payable (0.25%) to the Board under Regulation 31A [ ......... ] and affidavit to the said effect is submitted by the SRA to the Resolution Professional. 12. Status of Preferential, Undervalued, Fraudulent and Extortionate transactions and how these are dealt in the resolution plan, if any Sl. No. Type of Transaction Amount (Rs.) Date of Filing with Adjudicating Authority Date of Order of the Adjudicating Authority Brief of the Order How it is dealt in resolution plan 1 Preferential transactions u/s 43 2 Undervalued transactions u/s 45 3 Extortionate credit transactions u/s 50 4 Fraudulent transactions u/s 66 &nbs....
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.... Requirement with respect to Resolution Plan Compliance (Y/N) Relevant clause of resolution plan Section 25(2)(h) The Resolution Applicant meets the criteria approved by the CoC having regard to the complexity and scale of operations of business of the CD Section 29A The Resolution Applicant is eligible to submit resolution plan as per final list of Resolution Professional or Order, if any, of the Adjudicating Authority Section 30(1) The Resolution Applicant has submitted an affidavit stating that it is eligible as per Code Section 30(2) The Resolution Plan- (a)provides for the payment of insolvency resolution process costs (b)provides for the payment to the operational creditors (c)provides for payment to the financial creditors who did not vote in favour of the resolution plan (d)provides for the management of the affairs of the corporate debtor (e)provides for the implementation and supervision of the resolution plan (f)does not contravene any of the provisions of the law for the time being in force Section 30(4) ....