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Case Laws IBC
Indirect Corporate Control and Related-Party Classification in the Corporate Insolvency Resolution P...
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Indirect corporate control can classify an upstream financial creditor as a related party, excluding it from creditor committee participation.
Related-party classification under section 5(24) of the Insolvency and Bankruptcy Code extends to an upstream body corporate where the corporate debtor is its step-down subsidiary, even without direct shareholding. Companies Act concepts permit subsidiary status through control exercised by another subsidiary of the holding company. Board-composition control is an independent basis for related-party status. A related financial creditor is excluded from representation, participation and voting in the Committee of Creditors under the first proviso to section 21(2), subject to the limited statutory exception.

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