Insolvency and Bankruptcy Board of India 7th Floor, Mayur Bhawan, Connaught Place, New Delhi-110001 CIRCULAR No. IBBI/CIRP/023/2019 14th August, 2019 To All Registered Insolvency Professionals All Recognised Insolvency Professional Entities, and All Registered Insolvency Professional Agencies (By mail to registered ema…
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Open source pageInsolvency and Bankruptcy Board of India 7th Floor, Mayur Bhawan, Connaught Place, New Delhi-110001 CIRCULAR No. IBBI/CIRP/023/2019 14th August, 2019 To All Registered Insolvency Professionals All Recognised Insolvency Professional Entities, and All Registered Insolvency Professional Agencies (By mail to registered email addresses and on website of the IBBI). Dear Madam / Sir, Subject: Filing of Forms for the purpose of monitoring corporate insolvency resolution processes and performance of insolvency professionals under the Insolvency and Bankruptcy Code, 2016 and the regulations made thereunder. The objective of the Insolvency and Bankruptcy Code, 2016 (Code) is time bound reorganisation and insolvency resolution of firms for maximisation of value of assets of the firm in distress to promote entrepreneurship and availability of credit and balance the interests of all its stakeholders. The first order objective of the Code is resolution. The second order objective is maximisation of value of assets of the firm and the third order objective is promoting entrepreneurship, availability of credit and balancing the interests of stakeholders. This order of objectives is sacrosanct (Judgement dated 14th November, 2018 of the NCLAT in the matter of Binani Industries Limited Vs. Bank of Baroda & Anr.). The Code bifurcates and separates the interests of the firm from that of its promoters / management with primary focus to ensure revival and continuation of the firm by protecting it from its own management and from a death by liquidation (Judgement dated 25th January, 2019 of the Supreme Court of India in the matter of Swiss Ribbons Pvt. Ltd. & Anr. Vs. Union of India & Ors.). 2. The Code is a paradigm shift in the law. Entrenched managements are no longer allowed to continue in management if they cannot pay their debts (Judgement dated 31st August, 2017 of the Supreme Court in the matter of M/s. Innoventive Industries Ltd. Vs. ICICI Bank & Anr.). The Code prevails over every other law in case of any inconsistency between the two (Judgement dated 9th August, 2019 of the Supreme Court in the matter of Pioneer Urban Land and Infrastructure Limited and Anr. Vs. Union of India & Ors.). The Code is the mandate of the nation (Order dated 10th April, 2017 of the NCLT in the matter of DF Deutsche Forfait AG and Anr. Vs. Uttam Galva Steel Ltd.). 3. The Code provides a complete mechanism for its implementation. It assigns specific responsibilities to an insolvency professional (IP) for its implementation and realisation of its objectives. An IP plays an important role in resolution, liquidation and bankruptcy processes of companies, LLPs, partnership firms, proprietorship firms and individuals. He exercises the powers of the Board of Directors of the corporate debtor (CD) undergoing corporate insolvency resolution process (CIRP) and complies with applicable laws on its behalf. Section 20 of the Code requires him to make every endeavour to protect and preserve the value of the property of the CD and manage its operations as a going concern. Section 23 requires him to conduct the entire CIRP and manage the operations of the CD. A whole array of statutory and legal duties and powers is vested in him. He is the fulcrum of an insolvency proceeding and the link between the Adjudicating Authority (AA) and the stakeholders. 4. The Code facilitates and empowers the IP to discharge his responsibilities effectively. It obliges every officer of the CD to report to him. It also obliges the promoter of the CD to extend all assistance and cooperation to him. There is an assurance of supply of essential goods and services to, and a moratorium on proceedings against, the CD. The Code empowers the IP to appoint professionals to assist him. He can seek orders from the AA if he comes across any preferential, undervalued, extortionate, or fraudulent transaction. In order to ensure that an IP performs his role, the Code empowers the Insolvency and Bankruptcy Board of India (IBBI) and the Insolvency Professional Agency (IPA) to monitor his performance. It provides for appropriate sanctions for any kind of wrongdoing. Though a client proposes the name of an IP for appointment, he is appointed by the AA. He may be removed from a process by the AA if it is not satisfied with his performance. The appointment and removal by the AA secure and sanctify the position of the IP. He has protection of actions taken in good faith under the Code and the Regulations made thereunder. His conduct can only be inspected / investigated by the IBBI / IPA which has to follow due process for the purpose. There is a bar under the Code on trial of offences against an IP except on a complaint filed by the IBBI / Central Government, before the special court. 5. Keeping in view the responsibilities of the IPs, the Code provides for monitoring of their performances. It casts a duty on the IBBI and the IPA to monitor performance of IPs, and collect, maintain and disseminate information and records relating to insolvency and bankruptcy processes. It requires the IBBI to perform the following functions, among others, - (a) monitor the performance of IPs and pass any direction as may be required for compliance of the provisions of the Code and the regulations issued thereunder [section 196(1)(g)]; (b) call for any information and records from the IPs [section 196(1)(h)]; (c) collect and maintain records relating to insolvency and bankruptcy cases and disseminate information relating to such cases [section 196(1)(k)]; (d) maintain websites and such other universally accessible repositories of electronic information [section 196(1)(n)]; (e) issue necessary guidelines to the IPs [section 196(1)(p)]; and (f) conduct periodic study, research and audit of the functioning and performance of the IPs [section 196(1)(r)]. 6. The Code casts obligations on IPs to forward/submit the following information and records relating to CIRP to the IBBI: (a) all records relating to the conduct of the CIRP and the resolution plan [section 31(3)(b)]; and (b) a copy of the records of every proceeding before the AA [section 208(2)(d)]. 7. In order to facilitate submission of records and information by IPs to the IBBI as well as for monitoring of the processes and performance of IPs, a set of Forms were devised in consultation with stakeholders and the IPAs, in pursuance of the mandate and in synchronisation with the provisions in the Code. These Forms were put out in public domain on 27th April, 2018 and the comments received have been considered. These Forms have since been finalised in consultation with the IPAs. An overview of these Forms, as annexed to this Circular, is as per the Table below: Table Form No. Period Covered and Scope To be Filed by Timeline (1) (2) (3) (4) IP 1 Pre-Assignment: This includes consent to accept assignment of an IP as IRP / RP / Liquidator / Bankruptcy Trustee, the details of IP and the Applicant, the details of the person which will undergo the process, terms of consent, terms of engagement, filing of application before AA and withdrawal before admission, etc. IP Within three days of the relevant date. CIRP 1 From Commencement of CIRP till Issue of Public Announcement: This includes details of IRP, CD, and the Applicant, admission of application by AA, public announcement, details of suggested Authorised Representatives, non-compliances with the provisions of the Code and other laws applicable to the CD, etc. IRP Within seven days of making Public Announcement under section 13. CIRP 2 From Public Announcement till replacement of IRP: This includes details of Authorised Representative selected by IRPs for a class of creditors, taking over management of the CD, receipt and verification of claims, constitution of Committee of Creditors (CoC), first meeting of CoC, confirmation / replacement of IRP, applications seeking co-operation of management (if any), expenses incurred on or by IRP, relationship of IRP with the CD, financial creditors and Professionals, support services sought from IPE, non-compliances with the provisions of the Code and other laws applicable to the CD, etc. IRP Within seven days of replacement of IRP. CIRP 3 From Appointment of RP till issue of Information Memorandum (IM) to Members of CoC: This includes details of RP, details of registered valuers, handing over of records of CD by IRP to RP, taking over management of the CD, applications seeking co-operation of management (if any), details in IM, non-compliances with the provisions of the Code and other laws applicable to the CD, etc. RP Within seven days of issue of IM to members of CoC. CIRP 4 From Issue of IM till issue of Request for Resolution Plans (RFRP): This includes expression of interest, request for resolution plans (RFRP) and modification thereof, evaluation matrix, non-compliances with the provisions of the Code and other laws applicable to the CD, if any, etc. RP Within seven days of the issue of RFRP. CIRP 5 From Issue of RFRP till completion of CIRP: This includes updated list of claimants, updated CoC, details of the resolution applicants, details of resolution plans received, details of approval or rejection of resolution RP Within seven days of the approval or rejection of the plans by CoC, application filed with AA for approval of resolution plan; details of resolution plan approved by the AA, initiation of liquidation, if applicable, expenses incurred on or by RP, appointment of professionals and the terms of appointment, relationship of the RP with the CD, financial creditors, and professionals, support services sought from IPE, non-compliances with the provisions of the Code and other laws applicable to the CD, if any, etc. resolution plan or issue of order for liquidation, as the case may be, by the AA. CIRP 6 Event Specific: This includes: a. Filing of application in respect of preferential transaction, undervalued transaction, fraudulent transaction, and extortionate transaction; b. Raising interim finance; c. Insolvency resolution process of guarantors; d. Extension of period of CIRP and exclusion of time; e. Premature closure of CIRP (appeal, settlement, withdrawal, etc.); f. Request for liquidation before completion of CIRP; and g. Non implementation of resolution plan as approved by the AA. IRP or RP, as the case may be. Within seven days of the occurrence of event. 8. The IBBI has developed, in consultation with the IPAs, an electronic platform for filing of the Forms above said. The said platform is hosted on the website of the IBBI at https://www.ibbi.gov.in. It is open for filings from 16th September, 2019. An IP shall access the said platform with the help of a unique username and password provided to him by the IBBI and upload / submit the Forms, along with relevant information and records, after affixing DSC or after e-signing. 9. It is directed that an IP shall file electronically - a. the Forms along with relevant information and records, which have become due on or before 15th September, 2019 in respect of all CIRPs, both closed and ongoing, conducted by him, by 30th September, 2019; and b. the Forms along with relevant information and records, which will become due on or after 16th September, 2019 in respect of CIRPs conducted by him, by the timelines as specified in the Table under Para 7 above. 10. It is clarified that - (a) an IP shall be liable to action permissible under this Circular read with the applicable provisions of the Code and the Regulations made thereunder for: (i) failure to file a Form along with relevant information and records, (ii) inaccurate and incomplete information and/or records filed in or along with a Form, and (iii) delay in filing; (b) the action under (a) includes refusal to issue or renew authorisation for assignment; and (c) timely filing of complete and accurate information along with information and records is the sole responsibility of the IP. 11. It is further directed that an IPA shall- (a) monitor filings by its members and, based on the same, take action against the member who fails to file a Form along with relevant information and records when it is due; (b) scrutinise at least 10% of Forms, filed by its members in a month, selected on random basis and, based on the same, take action against the member for any- (i) inaccurate or incomplete information and records filed along with a Form, and (ii) non-compliances with the Code and the Regulations made thereunder, as observed from the information and records filed along with a Form; and (c) submit a quarterly summary report in respect of (a) and (b) to the IBBI within 15 days of the close of quarter. This is without prejudice to monitoring and scrutiny of filings and actions, as may be taken by the IBBI. 12. This is issued in exercise of the powers under clauses (aa), (g), (h), (k), (n), (p) and (r) of sub-section (1) of section 196 read with sections 31(2)(b) and 208(2)(d) of the Insolvency and Bankruptcy Code, 2016, and in consultation with the Insolvency Professional Agencies. Yours faithfully, Sd/- (Methil Unnikrishnan) General Manager Email: m.unnikrishnan@ibbi.gov.in Encl.: Annexures: Forms IP 1 and CIRP 1 to CIRP 6. Post-script: 1. The filing of Forms on the platform on test basis will be available from 15th August, 2019 to 15th September, 2019. The regular filing will commence on 16th September, 2019. 2. The IPAs shall conduct workshops for its professional members, as may be required, to facilitate filings by them under this Circular and to migrate the data relating to costs and disclosures already filed by them. 3. Helpline will be available to assist the IPs in filing the Forms till 30th September, 2019. An IP may contact the helpline provided by the IPA, of which he is a member, at the first instance. If any difficulty of the IP is not fully addressed by the IPA, the IP may contact the helpline of the IBBI. The helpline details are as under: Sl. No. Agency Name of Officer E-mail id Telephone Number 1 IIIP ICAI CS Shivani Jasmatiya iiipi.helpdesk@icai.in 8178995138 2 ICSI IIP Shikha Sukhija reporting@icsiiip.com 011-45341041 3 IPA ICMAI Anchal Jindal ra@ipaicmai.in 011-24666154 4 IBBI Manpreet Kaur manpreet.k92@ibbi.gov.in 011-23462947 Sd/- (Methil Unnikrishnan) General Manager Annexure-1 FORM – IP 1 (To be submitted to the Board within 3 days of relevant date) Date of filing application with the Adjudicating Authority Due date of Form Delay in submission of Form (Number of days) Reasons for delay A. Insolvency Professional 1. Details as per IBBI records: a. I.P. Registration No.: b. Name: c. Address: d. Email Id: e. Mobile no. 2. Date on which consent to act as an IRP/RP/Liquidator/Bankruptcy Trustee given: B. Process for which IP is being engaged (CIRP/Liquidation/Voluntary Liquidation/Individual Insolvency): C. Initiated under Section (7/9/10/33/55/59): D. In case of CIRP/Liquidation/Voluntary Liquidation Corporate Debtor 1. Name of the Corporate Debtor: 2. CIN/LLPIN of Corporate Debtor: 3. Industry/Sector: 4. Date of incorporation: 5. Address of the registered office of the Corporate Debtor: 6. Address of the principal office of the Corporate Debtor, if any: 7. Address of the corporate office of the Corporate Debtor, if any: 8. Registered email Id of the Corporate Debtor: 9. Names of promoters of Corporate Debtor: E. In case of CIRP, please furnish the details below 1. Applicant (Financial Creditor/Operational Creditor/Corporate Debtor): 2. Details of applicant: a. Name of the person(s): b. Address: c. Contact no.: F. In case of Liquidation, please furnish the details below: S. No CoC member(s) – upto five based on voting share Voting share (%) G. In case of Voluntary Liquidation, date of resolution of CD appointing IP as liquidator: H. In case of Insolvency of Individuals and Partnership Firms, please furnish the details below: 1. Applicant: 2. Details of person which will undergo the process: a. Name of the person: b. Address: c. Contact no.: I. Terms of engagement of IP S. No Date of appointment Fee to be paid to IP Other terms, if any J. Details of bench of AA S. No Bench where Application filed Date of filing Application No. Amount of initial default (wherever applicable) K. Details of withdrawal of application 1. Date on which application for withdrawal made: 2. Date of order of the AA allowing withdrawal: 3. Amount of settlement (Rupees): 4. Details of settlement: Attachments: 1. Copy of written consent given by IP to act as IRP/RP/Liquidator/Bankruptcy Trustee Declaration It is certified that the information given in Form- IP- 1 is true and correct and based on the petition filed with AA/ resolution passed by the CD, as the case may be. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: Annexure-2 FORM – CIRP 1 (To be submitted to the Board by the IRP online within 7 days of the Public Announcement) Date of Public Announcement Due date of Form Delay in submission of Form (Number of days) Reasons for delay A. Corporate Debtor 1. Name of the Corporate Debtor: 2. CIN/LLPIN of Corporate Debtor: 3. Industry/Sector: 4. Date of incorporation: 5. Address of the registered office of the Corporate Debtor: 6. Address of the principal office of the Corporate Debtor, if any: 7. Address of the corporate office of the Corporate Debtor, if any: 8. Registered email Id of the Corporate Debtor: 9. Names of promoters of Corporate Debtor: 10. Whether going concern? (Yes/No) 11. Whether any proceedings were pending against the Corporate Debtor under Sick Industrial Companies (Special Provisions) Act, 1985? (Yes/No) If yes, date of admission under BIFR: 12. Whether any proceedings for winding up initiated under the Companies Act, 1956 or 2013? (Yes/No) If yes, a. Section under which it was initiated: b. Bench/Court: c. Date of transfer to Adjudicating Authority (AA): B. Insolvency Resolution Professional 1. Details as per IBBI records: f. I.P. Registration No.: g. Name: h. Address: i. Email Id: j. Mobile no. 2. Whether IRP appointed is independent of CD, as per regulation 3(1) (Yes/No) 3. Whether disclosure of relationship has been made to IPA as per disclosure circular (Yes/ No) If yes, date of submission of disclosure: 4. Expenses agreed to be incurred on or by IRP fixed by (Applicant/Adjudicating Authority): 5. Whether IRP is a partner or a director of an IPE (Yes/No) If Yes, a. Name of the IPE b. Whether all directors and partners of the IPE are independent of CD, as per regulation 3(1) (Yes/No) c. Whether disclosure of relationship of IPE has been made to IPA as per disclosure circular (Yes/No) If yes, date of submission of disclosure: C. Admission of application by AA 1. Application/Petition No.: 2. Date of filing to AA: 3. Bench: 4. Name of the Applicant/Petitioner: 5. Address of the Applicant/Petitioner: 6. Application filed under Section: 7. In case of section 9, whether the name of IRP is proposed by the operational creditor (applicant) (Yes/No) 8. Date of admission: 9. Date of AA Order appointing the IRP: 10. Date of receipt of order by IRP: 11. Amount of underlying default for which petition has been admitted (Rupees): 12. Since when the amount in default is outstanding: D. Public Announcement 1. Date of issue: 2. Details of publication of Public Announcement: Location Language Name of newspaper Edition, if any Date Registered Office English Regional Specify language Principal Office, if any English Regional Specify language Any other place of operation Specify___ English Regional Specify language Website of the Corporate Debtor Website designated by the Board 3. Date of sending copy of PA to the Board: 4. Number of days taken for issuing PA: 5. Delay (days) in issuance of PA vis-à-vis timelines, if any: 6. Reasons for delay, if any: 7. Mode of sending PA to the Board (Hand delivery/Post/Email/others): 8. Estimated date of closure of insolvency resolution process: 9. Last date for submission of claims: 10. Number of days given for submission of claims: 11. Delay/Additional days for submission of claims vis-à-vis timelines, if any: 12. Reasons for delay, if any: 13. Whether the details indicated in PA same as IBBI records: (Yes / No) If no, a. Address (for correspondence), if any: b. Email Id (for correspondence), if any: c. Mobile No. (for correspondence), if any: 14. Details of classes of creditors, if any, under section 21(6A)(b) and names of authorised representative (AR) identified for each class: a. Number of class of creditors: b. IPs identified to be selected as an AR for each class: S. No. Class of Creditors IPs identified to be selected as AR Name of IP IP registration number 1. Name of AR 1 Name of AR 2 Name of AR 3 2. Name of AR 1 Name of AR 2 Name of AR 3 15. Cost incurred on Public Announcement (Rupees): 16. Details of Deviations/Non-Compliances of the provisions of Code, regulations, circulars or other laws applicable to the CD: Legal Provisions Deviation/N on- compliance Section/Regulat ion/Circular Reasons Period of non- compliance Whether rectified or not IBC CIRP Regulations IP Regulations Circulars Other laws applicable to the CD [ For example- Companies Act, SEBI Act, SCRA, Others (pls. specify) 17. Details of orders passed by Courts/ Tribunals: Order (Interim/Final) Date of order Authority passing the order Abstract of order 18. Whether any application filed under the Section 12A (Yes/ No): Attachments 1. Application filed with the AA. 2. AA order admitting the application. 3. AA order appointing the Interim Resolution Professional. 4. Form A (Public Announcement) under CIRP Regulations, 2016. 5. Form AB (Written consent to act as AR) under CIRP Regulations, 2016. 6. Cost and relationship disclosure made to IPA. 7. Form FA (Application for withdrawal of CIRP) under CIRP Regulations, 2016, if any. 8. Orders of the Court/Tribunal, if any. 9. Other documents, if any. Declaration 1. I, [Name of IRP] having IP registration number [Registration no.], was appointed as an Interim Resolution Professional, vide NCLT order dated [mention date] in application number [mention application number] dated [ mention date of appointment of IRP], under section 16 of the Insolvency and Bankruptcy Code. 2. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: Annexure-3 FORM – CIRP 2 (To be submitted to the Board by the IRP online within 7 days of replacement of IRP) Date of replacement of IRP Due date of Form Delay in submission of Form (Number of days) Reasons for delay A. Corporate Debtor 1. Name of the Corporate Debtor: 2. CIN/LLPIN of Corporate Debtor: 3. Whether Corporate Debtor is listed (Yes/ No): If yes, a. Primary Stock Exchange: b. Whether suspended at stock exchange (Yes/No): i. If yes, Date of suspension: ii. Whether the suspension is restored (Yes/No): iii. If yes, Date of restoration of suspension: 4. Date of the last audited balance sheet: B. Custody of Corporate Debtor 1. Has IRP taken into custody all records and assets relating to CD? (Yes/ No) If no, whether application made u/s 19(2) of the Code, to the AA (Yes /No): If no, specify the reasons: C. Claims of Creditors 1. Whether list of creditors prepared by IRP (Yes/ No): If yes, (please furnish the details below): (Amount in Rupees) Credi tor Clai man t (Sec ured/ Unse cure d/ Cont inge nt) Re lat ed pa rty of the C D (Y es/ No ) Identi ficatio n Numb er, if any Dat e of cre atio n of sec urit y inte rest Natu re of asset on whic h secu rity inter est creat ed, if any Valu e of secur ity at the time of agre emen t Lia bilit y as per boo ks of acco unts Total Claims made by the creditors Total Claims admitted by the IRP Pri nci pal Inter est Tot al Pri nci pal Int ere st Tota l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Finan cial Credi tors F1 F2 .. Total FCs Class of Credi tors Class 1 Class 2 …… Total Class of FCs Oper ation al Credi tors for Good s/ Servi ces/ Statut ory dues/ work men & emplo yees dues) O1 O2 .. Total OCs Any other credit or C1 C2.. Total Credi tors Gran d Total If no, state the reasons 2. Date of filing of list of creditors with the AA: 3. Date of uploading the list of creditors on the website of the CD: If not uploaded, state the reasons D. Whether there are representatives of FCs (Yes/ No) If yes, (please furnish the details below): S. No. Appoi ntment under Sectio n [21(6)/ 24(5)] Name of the Repres entativ e Whether Representat ive is an IP Description of creditors Whether representative related party of CD Yes/ No If yes, IP regis tratio n num ber Repre sentin g [class of credit or/ FC] Num ber of Credi tor in the Class Total Votin g Share Yes/ No Specify section [sections of 5(24)] E. Whether there are Authorised Representatives of FCs (Yes/ No) If yes, (please furnish the details below): F. Whether there are representative(s) of OCs in CoC (Yes / No) If yes, (please furnish the details below): S. No. Appointment under Section/ Regulation: Section 24(3)(c )/ Reg. 16(2)(b) /Reg. 16(2)(c) Name of Representative Number of OCs represented. Percentage of debt of OCs, if any Total Voting Share (1) (2) (3) (4) (5) (6) G. Constitution of CoC Date of constitution: Total members …….. Financial Creditors Operational Creditors (if all FCs are related parties of CD or there is no FC) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) S. No . Appointm ent under Section: 21(6A)(a) 21(6A)(b) 21(6A)(c) Nam e of AR Wheth er AR is an IP (Yes/ No) If yes IP registrati on number Application and Order for appointment of AR Number of days taken for filing applicati on Delay in numb er of days for filing Reaso ns for delay Date of applicati on to AA Date of Order appointi ng AR (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Status Name of FC Number of FCs in class of creditor Voting Share (%) Status Name of OC Number of OCs in class of creditor Voting Share (%) FC1 OC1 FC2…. OC2 …OC 18 Class 1 Work men Class 2 Empl oyees Class 3…. Other s Total Total 1. Date of submission of report on constitution of CoC to AA: 2. Number of days taken for submission of report to AA : 3. Delay in number of days vis-à-vis timelines, if any: 4. Reason for delay, if any: H. First Meeting of the CoC 1. Date of meeting: 2. Number of days taken for conducting first CoC meeting: 3. Delay in number of days vis-à-vis timelines, if any: 4. Reason for delay, if any: 5. Date of service of notice of meeting: 6. Whether minimum 5 days’ notice period given for meeting under Regulation 19(1) (Yes/No) If no, Approval from CoC to serve the notice for shorter period taken? (Yes/No) If approval not taken, specify reasons: 7. Whether Notice sent to: a. CoC members (yes/ no) b. Suspended Board of Directors/Partners (LLP) (yes/ no) c. OCs where value of debt is more than 10 % of total debts, if any (yes/ no) d. AR of Class of creditors, if any (yes/ no) e. IP for any FC u/s 24(5), if any (yes/ no) f. Representative(s) of FCs, if any (yes/ no) g. Representative(s) of OC(s), if any (yes/ no) h. Others, if any (yes/ no) I. Confirmation/Replacement of IRP 1. Whether the IRP is confirmed as RP (Yes/No) If yes, date of confirmation: If no, whether IRP is replaced (Yes/No) If yes, please furnish the details of RP: a. IP Registration Number b. Name of the RP c. Email Address d. Mobile Number If no, whether IRP was performing functions of RP as per Regulation 17(3) (Yes/ No) J. Whether application seeking Cooperation of Management u/s 19(2) made to AA (Yes/ No) 1. If yes, furnish the details below: a. Application Number b. Date of filing c. Date of Order 2. Whether appeal, if any filed against the order (Yes/ No) If yes, furnish the details below: a. Name of Appellate Authority b. Appeal No. c. Date of filing of appeal d. Date of order 3. Whether appeal, if any filed against order of first Appellate Authority (Yes/ No) If yes, furnish the details below: a. Name of Appellate Authority b. Appeal No. c. Date of filing of appeal d. Date of order K. Application filed seeking assistance of local district administration under Regulation 30 (Yes/ No) 1. If yes, furnish the details below: a. Application Number: b. Date of filing: c. Date of Order: 2. Whether appeal, if any filed against the order (Yes/ No) If yes, furnish the details below: a. Name of Appellate Authority: b. Appeal No.: c. Date of filing of appeal: d. Date of order: 3. Whether appeal, if any filed against order of first Appellate Authority (Yes/ No) If yes, furnish the details below: a. Name of Appellate Authority: b. Appeal No.: c. Date of filing of appeal: d. Date of order: L. Expenses incurred by or on Interim Resolution Professional Expense Head Expenses Expenses paid or agreed to be paid Approved by COC (Yes/ No) Amount incurred Amount paid IRP Fee payable to IRP Cost of insurance for IRP Other Expenses on/ for IRP (travel, stay, security etc. related expenses) IPE Fee, if any, payable to an IPE for support services Registered Valuer Fee payable to Valuer 1 Fee payable to Valuer 2 Fee payable to Valuer 3, if any Other Expenses on/ for IRP (travel, stay, out of pocket expenses etc.) Other Professional Fee Payable to accounting and finance professional Fee Payable to audit professional Fee payable to legal professional/ attorney Fee payable to any other professional Fee payable to authorised representative Other expenses on / for professionals COC Expense for meeting venue Expense for electronic voting Expense for video conferencing Any other expense related to CoC Other Expenses Expenses on Public Announcement Expenses for filings before Adjudicating Authority including Court fee Expenses for verification of claims CIRP related litigation Other expenses, if any Essential Services Electricity Water Telecommunication services Information Technology services Other essential services, if any Other Services Other supplies Employees and workmen Security Personnel Services Other expenses, if nay Interim Finance Amount of interim finance Expenses for raising interim finance Interest payable on interim finance Other expenses Other matters Penalties, if any, payable for non- compliance M. Disclosure of relationship of the interim resolution professional, if any 1 Legal firm that has any or had any transaction with the Corporate Debtor amounting to five percent or more of the gross turnover of such firm in the last three financial years. Relationship of the Interim Resolution Professional with Name Nature of relationship Description of relationship Corporate Debtor Financial Creditor FC1 FC2.. Authorised Representative(s) AR1 AR 2 Corporate Guarantor, if any Operational Creditor, if any OC1 OC2 …. Interim Finance Provider, if any Accountant(s) Legal Professional(s) Other Professional(s) Firm of auditors of Corporate Debtor (in the last 3 financial years) Secretarial auditors in practice of the Corporate Debtor (in the last three financial years) Cost Auditors of Corporate Debtor (in the last three financial years) Legal Firm1 (in the last three financial years) N. Support services sought from IPE, if any. (Yes/No) If yes, Provide details of IPE a. Name of IPE: b. Relationship with IPE, if any: c. Nature of relationship: d. Whether appointed at arms’ length relationship (yes/no): O. Are you a partner or a director of an IPE? (Yes/No) If yes, furnish the details: a. Name of the IPE: b. Whether all directors and partners of the IPE are independent of CD, as per regulation 3(1) (Yes/No) c. Whether disclosure of relationship of IPE has been made to IPA as per disclosure circular (Yes/No) If yes, date of submission of disclosure: d. Disclosure of relationship of IPE 2 Consulting firm that has any or had any transaction with the Corporate Debtor amounting to five percent or more of the gross turnover of such firm in the last three financial years. 3 Legal firm that has any or had any transaction with the Corporate Debtor amounting to ten percent or more of the gross turnover of such firm in the last three financial years. Consulting Firm2 (in the last three financial years) Relationship of all the Partners and Directors of IPE with Name Nature of relationship Description of Relationship Corporate Debtor Firm of auditors of Corporate Debtor (in the last 3 financial years) Secretarial auditors in practice of the Corporate Debtor (in the last three financial years) Cost Auditors of Corporate Debtor (in the last three financial years) Legal Firm3 (in the last three financial years) P. Support sought from any professional(s)? (Yes/ No) S. No. Name of Professional Nature of profession Date of appointment Term of appointment From ___ to ___ Scope of engagement Professional fees paid/agreed to be paid (Rupees) Other expenses, if any, paid/ agreed to be paid (Rupees) Whether appointed at arms’ length relationship? (Yes/ No) Quantum Basis (hourly/daily etc.) Q. Disclosure of relationship of the professional Disclosure of relationship of Mr./ Ms/Mrs. _____________, with: 4Consulting firm that has any or had any transaction with the Corporate Debtor amounting to ten percent or more of the gross turnover of such firm in the last three financial years. Consulting Firm4 (in the last three financial years) Relationship of the Professional with Name Nature of Relationship Description of relationship 1. Corporate Debtor 2. Corporate Guarantor, if any 3. Insolvency Professional 4. Insolvency Professional Entity (If associated with, any) 5. Financial Creditor(s) 6. Interim Finance Provider(s) R. Details of orders passed by Courts/ Tribunals: Order (Interim/Final) Date of order Authority passing the order Abstract of order S. Details of Deviations/Non-Compliances of the provisions of Code, regulations, circulars or other laws applicable to the CD: Legal Provisions Deviation/N on- compliance Section/Regulat ion/Circular Reasons Period of non- compliance Whet her rectifi ed or not IBC CIRP Regulations IP Regulations Circulars Other laws applicable to the CD [ For example- Companies Act, SEBI Act, SCRA, Others ( pls. specify) T. Other details Whether resolution under the Section (12A/ 33(2)/others) was passed by CoC (yes/no) U. Remarks, if any Attachments 1. List of creditors along with the details of the claims submitted with the AA. 2. Report certifying constitution of the committee of creditors. 3. Latest Audited financial statements of CD. 4. Minutes of all COC meetings. 5. AA’s order admitting application for CIRP. 6. AA’s order for Section 19(2) application, if any. 7. AA’s order for application under Regulation 30, if any. 8. AA order for replacement of IRP by RP, if any. 9. All the applications filed before AA, if any. 10. All the orders passed by AA, if any. 11. All the applications filed before courts, if any. 12. All the orders passed by courts, if any. 13. Progress Reports filed to Adjudicating Authority by the IRP. 14. Cost Sheet prepared by IRP. 15. Cost and relationship disclosure made to IPA. 16. Other relevant documents, if any. Declaration I, [Name of IRP] having IP registration number [Registration no.], was appointed as an Interim Resolution Professional vide NCLT order dated [ Insert date] in application number [ Insert application number] dated [ Date of appointment of IRP], under section 16 of the Insolvency and Bankruptcy Code. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: Annexure-4 FORM – CIRP 3 (To be submitted to the Board by the RP online within 7 days of issue of IM to the members of CoC) Date of submission of IM to members of CoC Due date of Form Delay in submission of Form (Number of days) Reasons for delay A. Corporate Debtor 1. Name of the Corporate Debtor: 2. CIN/LLPIN of Corporate Debtor: B. Appointment of Resolution Professional 1. Date of passing resolution by CoC: 2. Number of days taken to pass the resolution: 3. Delay in number of days vis a vis timelines, if any: 4. Reasons for delay, if any: 5. Date of order of AA appointing RP: 6. Whether IRP is appointed as RP (Yes/ No): If no, please furnish details of RP a. I.P. Registration No.: b. Name: c. Address: d. Email Id: e. Phone Number 7. Alternative Contact details of the RP: Yes/ No If yes, please furnish details: a. Address (for correspondence): b. Email Id (for correspondence): 8. Whether RP is independent of CD, as per regulation 3(1) (Yes/No) 9. Whether disclosure of relationship has been made to IPA as per disclosure circular? (Yes/No) If yes, date of submission of disclosure: If No, reasons for non-submission 10. Whether RP is a partner or a director of an IPE (Yes/ No) If Yes, provide the details below: a. Name of the IPE: b. Whether all directors and partners of the IPE are independent of CD, as per regulation 3(1)(Yes/ No) c. Whether disclosure of relationship of IPE is made to IPA as per disclosure circular (Yes/No) If yes, date of submission of disclosure: If No, reasons for non-submission C. Appointment of registered valuers S. No. Name of Valuer Registration number of Valuer Date of appointment Class of assets (Land and Building/ Plant and machinery/ Securities and Financial Assets/others) Estimates (Rupees) Fair Value Liquidation Value Average Values 1. Number of days taken for appointment of valuer: 2. Delay in number of days for appointment vis a vis timelines, if any: 3. Reasons for delay, if any: 4. Whether Registered Valuer(s) is disqualified to be appointed as per Regulation 27 (Yes/ No) If yes, under which sub regulation (choose one or more from options below): (a) a relative of the resolution professional (b) a related party of the CD (c) an auditor of the CD at any time during the five years preceding the insolvency commencement date (d) a partner or director of the IPE of which the resolution professional is a partner or director D. Details of handover of records of Corporate Debtor by IRP to RP S. No Description of records Remarks, if any E. Custody of assets of Corporate Debtor 1. Whether RP has taken over the custody of assets of CD (Yes/ No) If no, whether application made u/s 19(2) of the Code, to the AA (Yes/ No) If no, specify the reasons F. Application Filed with AA seeking Cooperation of Management (Yes/ No) 1. If yes, furnish the details below: d. Application Number: e. Date of filing : f. Date of Order: 2. Whether appeal, if any filed against the order (Yes/ No) If yes, furnish the details below: e. Name of Appellate Authority: f. Appeal No.: g. Date of filing of appeal: h. Date of order: 3. Whether appeal, if any filed against order of Appellate Authority (Yes/ No) If yes, furnish the details below: e. Name of Appellate Authority: f. Appeal No.: g. Date of filing of appeal: h. Date of order: G. Details of application filed with the AA for Assistance of local district administration 1. If yes, furnish the details below: a. Application Number: b. Date of filing: c. Date of Order: 2. Whether appeal, if any filed against the order (Yes/ No) If yes, furnish the details below: a. Name of Appellate Authority: b. Appeal No.: c. Date of filing of appeal: d. Date of order: 3. Whether appeal, if any filed against order of Appellate Authority (Yes/ No) If yes, furnish the details below: a. Name of Appellate Authority: b. Appeal No.: c. Date of filing of appeal: d. Date of order: H. Information memorandum (IM) 1. Date of submission of IM to CoC: 2. Number of days taken for submission of IM: 3. Delay in number of days for submission vis a vis timeline, if any: 4. Reasons for delay, if any: 5. Details of assets and liabilities as per latest audited balance sheet and latest provisional balance sheet: a. Date of the latest audited balance sheet: b. Date of the provisional balance sheet: 6. Whether IM contains the details as per requirements of Regulation 36(2) (Yes/ No) If no, list the details not captured in the IM S. No Details not provided in IM Reasons for not including the specified details: 7. Whether undertaking of confidentiality is obtained from Members of CoC and resolution applicants: If no, furnish the details of persons who did not give undertaking S. No. Category (Member of CoC/ Resolution applicant) Name Reasons I. Details of Deviations/Non-Compliances of the provisions of Code, regulations, circulars or other laws applicable to the CD: Legal Provisions Deviation/Non- compliance Section/Regulat ion/Circular Reasons Period of non- compliance Whether rectified or not IBC CIRP Regulations IP Regulations Circulars Other laws applicable to the CD [For example- Companies Act, SEBI Act, SCRA, Others (pls. specify) J. Details of orders passed by Courts/ Tribunals: Order (Interim/Final) Date of order Authority passing the order Abstract of order K. Whether resolution under Section (12A/ 33(2)/others) was passed by CoC (Yes/ No): Attachments [to be uploaded in pdf] 1. AA order for appointment of RP 2. Latest Audited Financial Statements 3. Provisional Financial Statements for the current year 4. Information Memorandum 5. Valuation reports 6. Appeal/application filed before AA/NCLAT/High court/Supreme court/ Others. 7. Orders of AA/NCLAT/High court/Supreme court /Others. 8. Progress Reports filed to AA by the RP 9. Cost and relationship disclosure made to IPA 10. Any other attachment Declaration I, [Name of RP] having IP registration number [Registration no.], was appointed as an Resolution Professional vide NCLT order, dated [ mention date] in application number [ mention application number] dated [mention date of appointment of RP], under section 22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: Annexure-5 FORM – CIRP 4 (to be submitted to the Board by RP online within 7 days of the issue of Request for Resolution Plans) Date of issue of RFRP Due date of Form Delay in submission of Form (Number of days) Reasons for delay A. Details of Corporate Debtor 1. Name of the Corporate Debtor: 2. CIN/LLPIN of Corporate Debtor: B. Expression of interest (EOI) to invite Prospective Resolution Applicants (PRA) 1. Whether EOI issued (Yes/No) If no, state the reasons: 2. Date of issue of EOI: 3. Number of days taken for issue of EOI: 4. Delay in number of days taken for issuance of EOI vis a vis timeline, if any: 5. Reasons for delay, if any: 6. Details of publishing EOI: Location Language Name of newspaper Edition, if applicable Date of issue Registered Office English Regional Specify language Principal Office, if any English Regional Specify language Any other place Specify:____ English Regional Specify language Website of the Corporate Debtor Website of the Board 7. Date, when it was sent to the Board: 8. Mode of sending it to the Board (i.e. by Speed Post/ Regd. Post/ E-mail/By Hand/others): 9. Whether EOI re-issued (Yes/No) If yes, number of times EOI re-issued: 10. Details of publication of latest EOI Location Language Name of newspaper/website Edition, if applicable Date of issue Registered Office English Regional Specify language Principal Office, if any English Regional Specify language Any other place Specify:_____ English Regional Specify language Website of the Corporate Debtor Website of the Board 11. Last date to submit EOI: 12. Number of days given for submission of EOI: 13. If minimum days for submission of EOI vis a vis timeline is not given, deficit number of days, if any: 14. Reasons for not giving minimum number of days, if any: 15. Number of persons who expressed their interest: 16. Number of persons who were ineligible as per: a. Section 29 (A): b. Section 25(2)(h): c. Other: 17. Whether due diligence on PRAs conducted by RP as per Regulation 36A (Yes/No) If no, reasons: 18. Date of issue of provisional list of eligible PRAs: 19. Number of days taken to issue provisional list of eligible PRAs: 20. Delay in number of days taken to issue provisional list of eligible PRAs, if any: 21. Reasons for delay, if any: 22. Date of Issue of final list of PRAs: 23. Delay in number of days taken to issue final list of PRAs, if any: 24. Reasons for delay, if any: 25. Final list of PRAs (including joint applicants, if any) S. No. Name of PRAs C. Request for Resolution Plans (RFRP) 1. Whether the following was approved by the committee of creditors): a. RFRP (Yes/ No) If no, state the reasons b. Evaluation Matrix (Yes/ No) If no, state the reasons 2. Date of issue of evaluation matrix: 3. Date of issue of RFRP: 4. Last date for submission of resolution plans: 5. Whether RFRP was issued atleast 30 days before the last date of the submission of the resolution plans? (Yes/No) If no, provide the reason for the same. 6. Details of Evaluation Matrix : 7. Whether RFRP requires any non-refundable deposit for submission of or along with resolution plan (Yes/No) If yes, please specify. D. Modification of RFRP and Evaluation Matrix 1. Whether details with respect to RFRP modified (Yes/ No) If yes, Number of times RFRP modified: 2. Whether details with respect to Evaluation matrix modified (Yes/ No) If Yes, Number of times Evaluation matrix modified: S. no. Modification done in respect of (RFRP/Evaluation Matrix) Date of issue of modified request Whether atleast 30 days given for submission of resolution plan from date of modification (Yes/No) If no, reasons Revised Last date for submission of resolution plan 3. Whether the RFRP was re-issued ( Yes/No) If yes, (i) Date of re-issue of RFRP : (ii) Last Date for submission of Resolution Plan: E. Details of Deviations/Non-Compliances of the provisions of Code, regulations, circulars or other laws applicable to the CD: Legal Provisions Deviation/ Non- complianc e Section/Regulat ion/Circular Reasons Period of non- compliance Whether rectified or not IBC CIRP Regulations IP Regulations Circulars Other laws applicable to the CD [ For example- Companies Act, SEBI Act, SCRA, Others ( pls. specify) F. Details of orders passed by Courts/ Tribunals: Order (Interim/Final) Date of order Authority passing the order Abstract of order G. Whether resolution under Section (12A/ 33(2)/others) was passed by CoC ( Yes/No) Attachments 1. Expression of interest (first issue and latest issue). 2. Evaluation Matrix including modified, if any. 3. Request for resolution plan including modified, re-issued, if any. 4. Minutes of the Meetings of COC approving the RFRP . 5. All applications filed before courts, if any. 6. All orders passed by courts, if any. 7. Progress reports filed to AA by the RP. 8. Other documents, if any. Declaration I, [Name of RP] having IP registration number [Registration no.], was appointed as an Resolution Professional vide NCLT order, dated [ mention date] in application number [ mention application number] dated [mention date of appointment of RP], under section 22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: Annexure-6 FORM- CIRP 5 (To be submitted to the Board online within 7 days of the approval or rejection of resolution plan by the Adjudicating Authority) Date of the approval or rejection of resolution plan by the AA Due date of Form Delay in submission of Form (Number of days) Reasons for delay A. Corporate Debtor 1. Name of the Corporate Debtor: 2. CIN/LLPIN of Corporate Debtor: B. Claims of creditors Whether any change in list of claimants as uploaded by IRP in Form CIRP-2 (Yes/ No) If yes, please furnish the revised list of claimants below: Credit or Clai mant (Secu red/ Unsec ured/ Conti ngent ) Rel ate d par ty of the CD (Ye s/N o) Identifi cation Numbe r, if any Date of crea tion of secu rity inter est Natur e of asset on which securi ty intere st create d, if any Value of securi ty at the time of agree ment Liabi lity as per book s of acco unts Total Claims made by the creditors Total Claims admitted by the RP Prin cipal Intere st Tot al Prin cipa l Inte rest Tot al (1) (2) (3) (4) (5) (6) (7) (8) (11) (12) (13) (14) (15) (16 ) Financ ial Credit ors F1 F2 .. Total FCs Class of Credit ors Class 1 Class 2 (deben ture/bo nd holders ) …… Total Class of FCs Operat ional Credit ors for Goods/ Service s/ Statuto ry dues/ workm en & employ ees dues) O1 O2 .. Total OCs Any other credito r C1 C2.. Total Credit ors Grand Total 1. Total claims as on date of meeting of CoC where resolution plan was approved (Rupees): 2. Date of filing of list of creditors with the AA: 3. Is list of creditors prepared and uploaded by RP on the website of the Corporate Debtor. (Yes/ No) If no, state the reasons: C. Re-constitution of CoC, if any: Date of constitution: Total members …….. Financial Creditors Operational Creditors (if all FCs are related parties of CD or there is no FC) Status Name of FC Number of FCs in class of creditor Voting Share (%) Status Name of OC Number of OCs in class of creditor Voting Share (%) FC1 OC1 FC2…. OC2….. Class 1 Workmen Class 2 Employees Class 3… Others Total Total Remarks, if any D. Whether any resolution plan received? (Yes/ No) E. Final Resolution Applicant(s) S. N o. Resolution plan submitted (Individua lly/ Jointly) Name of Resolution Applicants Whether Resoluti on Applica nt is an FC Nature of resolution (Merger/ac quisition/a malgamatio n/Take over/others) Number of plans submitte d Grou p to which it belon gs Industry Details of performance security provided (Please specify the nature, value, duration and source, as specified in request for resolution plan) Resolution plans compliant with section 30(2). (Yes/ No) Reason for non- compliance of plan with Section 30(2) 1. Whether the resolution plan rejected by CoC? (Yes/ No) If yes, a. Date of CoC meeting wherein the plan was rejected: b. Reasons for rejection: 2. Whether resolution for liquidation u/s 33(2) passed by CoC (Yes/ No) If no, way forward in CIRP process as decided by CoC: 3. Date of the meeting of CoC approving the resolution plan: 4. Whether resolution plan was approved by the CoC within 180 days from ICD (Yes/No) If no, whether extension of CIRP time granted (Yes/ No) If yes, number of days granted: F. Meeting of the Committee of Creditors where resolution plan was approved: Date of servic e of notice of the meeti ng Wheth er the notice of the meetin g was served by giving not less than 5 days’ notice? (Yes/N o) If no, whether the approval of CoC sought (Yes/ No) Date of the meeting of the Committ ee of Creditor s Numb er of days from ICD, meetin g of the CoC was held Matters put forth for voting at the meeting (Approval for resolution plan/liquidation/o ther matters) Voting Percenta ge Remar ks, if any (Ye s/ No) If yes, timeli ne for servic e of notice. If no, reason s. G. Application filed with AA for approval of resolution plan H. Members of CoC and distribution of voting share S. No Name of Creditor Voting Share (%) Voting for Resolution Plan (Voted for / Dissented / Abstained) I. Resolution plan 1. Details of stakeholders, claims and realisation under resolution plan. (Amount in Rupees) Date of the application Whether application for approval of resolution plan filed as per model timelines (Yes/ No) If No, state reasons for delay. Whether the resolution plan accepted/rejected by AA (accepted/rejected) Date of order of acceptance/rejection by AA S. No. Category of stakeholder* Amount claimed Amount admitted Realisable by Stakeholders Amount# Percent age 1. Secured Financial Creditors 2. Unsecured Financial Creditors *If there are sub-categories in a category (like real estate allottees, debenture holders etc.), please add rows for each sub-category. # Amount provided over time under the Resolution Plan and includes estimated value of non- cash components. It is not NPV.] 2. Interests of existing shareholders under resolution plan: Sl. No Category of Share Holder No. of Shares held before CIRP No. of Shares held after the CIRP Voting Share (%) held before CIRP Voting Share (%) held after CIRP 3. Settlement Amounts Stakeholder category Mode of Settlement Amount (Rupees) Time of Payment/ Issue/ Conversion Remarks, if any 4. The compliance of the Resolution Plan is as under: Section of the Code / Regulation No. Requirement with respect to Resolution Plan Clause of Resolution Plan Compliance (Yes / No) Section 25(2)(h) Whether the Resolution Applicant meets the criteria approved by the CoC having regard to the 3. Operational Creditors Government Workmen Employees ….. 4. Other Debts and Dues Total complexity and scale of operations of business of the CD Section 29A Whether 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) Whether the Resolution Applicant has submitted an affidavit stating that it is eligible Section 30(2) Whether the Resolution Plan: (a) provides for the payment of insolvency resolution process costs? (b) provides for the payment of the debts of operational creditors? (c) provides for the management of the affairs of the Corporate debtor? (d) provides for the implementation and supervision of the resolution plan? (e) contravenes any of the provisions of the law for the time being in force? Section 30(4) Whether the Resolution Plan: (a) is feasible and viable, according to the CoC? (b) has been approved by the CoC with 66% voting share? Section 31(1) Whether the Resolution Plan has provisions for its effective implementation plan, according to the CoC Regulation 35A Where the resolution professional made a determination if the corporate debtor has been subjected to any transaction of the nature covered under sections 43, 45, 50 or 66, before the one hundred and fifteenth day of the insolvency commencement date, under intimation to the Board Regulation 38 (1) Whether the amount due to the operational creditors under the resolution plan has been given priority in payment over financial creditors Regulation 38(1A) Whether the resolution plan includes a statement as to how it has dealt with the interests of all stakeholders [Regulation 38(1B) (a) Whether the Resolution Applicant or any of its related parties has failed to implement or contributed to the failure of implementation of any resolution plan approved under the Code. (b)If so, whether the Resolution Applicant has submitted the statement giving details of such non- implementation? Regulation 38(2) Whether the Resolution Plan provides: (a) the term of the plan and its implementation schedule? (b) for the management and control of the business of the corporate debtor during its term? (c) adequate means for supervising its implementation? 38(3) Whether the resolution plan demonstrates that: (a) it addresses the cause of default? (b) it is feasible and viable? (c) it has provisions for its effective implementation? (d) it has provisions for approvals required and the timeline for the same? (e) the resolution applicant has the capability to implement the resolution plan? 39(2) Whether the RP has filed applications in respect of transactions observed, found or determined by him Regulation 39(4) Provide details of performance security received, as referred to in sub-regulation (4A) of regulation 36B 5. Terms and conditions of Resolution Plan, if any (Such as escrow, Performance Bank guarantee, infusion of equity, capital commitments etc, sources of funds along with timelines) 6. Approvals required from other regulators/ authorities, if any: S. No. Nature of Approval Name of applicable law Approving authority When to be obtained 7. The Resolution Plan is subject to any contingency (Yes/ No) If yes, please furnish details of contingencies: 8. Deviations/ non-compliances of the provisions of the Code, regulations made or circulars issued or other laws applicable to the CD: Sl. No. Deviation/Non- compliance observed Section of the Code / Regulation No. / Circular No./other laws applicable to the CD Reasons Whether rectified or not 9. Whether the CoC has approved a plan providing for contribution under regulation 39B: (Yes/No) If yes, furnish the details below a. Estimated liquidation cost: (Rupees)………….. b. Estimated liquid assets available: (Rupees)………….. c. Contributions required to be made: (Rupees)…………. d. Financial creditor wise contribution as under: Sl. No. Name of financial creditor Amount to be contributed (Rupees) 10. Whether the CoC has recommended sale as a going concern under regulation 39C - (Yes/No) If yes, furnish the details below: a. Whether sale of corporate debtor as a going concern: (Yes / No) b. Whether sale of business of corporate debtor as a going concern: (Yes / No) c. Whether the details of recommendation are available with the resolution professional: (Yes/No) 11. Whether the CoC has fixed, in consultation with the resolution professional, the fee payable to the liquidator during the liquidation period under regulation 39D: (Yes/No) If yes, furnish the details of fee payable to liquidator: 12. Implementing Agency/ Monitoring Committee, if any: i. Number of persons responsible for implementation of resolution plan: ii. Name: iii. Address: iv. Designation: v. Email ID: vi. Mobile No: 13. Whether RP is part of Implementing Agency/ Monitoring Committee? (Yes/ No) If Yes, give details about the period and fee fixed by CoC/AA J. Liquidation 1. Reason for liquidation of the CD (No value in the assets/ company was a shell company/Non- receipt of resolution plan/Rejection of resolution plan by CoC/ Rejection of resolution plan by AA/others) 2. Meeting of CoC passing resolution for liquidation Date of service of notice of the meeting Whether the notice of the meeting was served by giving not less than 5 days’ notice? (Yes/No) If no, whether the approval of CoC sought (Yes/ No) Date of the meeting of the Committee of Creditors Number of days from ICD, meeting of the CoC held Matters putforth for voting at the meeting Voting Percentage Remarks, if any (Yes/ No) If yes, timeline for service of notice. If no, reasons. 3. Date of filing application before AA 4. Date of AA approving liquidation K. Expenses incurred by or on Resolution Professional: Expense Head Expenses – Sub Head Expenses paid or agreed to be paid Approved by COC (Yes/ No) Amount incurred Amount paid RP Fee payable to RP Cost of insurance for RP Other Expenses on/ for RP (travel, stay, security etc. related expenses) IPE Fee, if any, payable to an IPE for support services Registered Valuer Fee payable to Valuer 1 Fee payable to Valuer 2 Fee payable to Valuer 3, if any Other Expenses on/ for IRP (travel, stay, out of pocket expenses etc.) Other Professional Fee Payable to accounting and finance professional Fee Payable to audit professional Fee payable to legal professional/ attorney Fee payable to any other professional Fee payable to authorised representative Other expenses on / for professionals COC Expense for meeting venue Expense for electronic voting Expense for video conferencing Any other expense related to CoC Other Expenses Expenses on Public Announcement Expenses for filings before Adjudicating Authority including Court fee Expenses for verification of claims CIRP related litigation Other expenses, if any Essential Services Electricity Water Telecommunication services Information Technology services Other essential services, if any Other Services Other supplies Employees and workmen Security Personnel Services Other expenses, if nay Interim Finance Amount of interim finance Expenses for raising interim finance Interest payable on interim finance Other expenses Other matters Penalties, if any, payable for non- compliance L. Disclosure of relationship of the interim resolution professional, if any Relationship of the Interim Resolution Professional with Name Nature of relationship Description of relationship Corporate Debtor Financial Creditor FC1 FC2.. Authorised Representative(s) AR1 AR 2 Corporate Guarantor, if any Operational Creditor, if any OC1 OC2 …. M. Services sought from IPE, if any. (Yes/No) If yes, Provide details of IPE a. Name of IPE b. Relationship with IPE, if any: c. Nature of relationship: d. Whether appointed at arms’ length relationship? N. Are you a partner or a director of an IPE? (Yes/No) If yes, furnish the details: a. Name of the IPE: b. Whether all directors and partners of the IPE are independent of CD, as per regulation 3(1)? Yes/No c. Whether disclosure of relationship of IPE has been made to IPA as per disclosure circular? Yes/No 5 Legal firm that has any or had any transaction with the Corporate Debtor amounting to five percent or more of the gross turnover of such firm in the last three financial years. 6 Consulting firm that has any or had any transaction with the Corporate Debtor amounting to five percent or more of the gross turnover of such firm in the last three financial years. Interim Finance Provider, if any Prospective Resolution Applicant Accountant(s) Legal Professional(s) Other Professional(s) Firm of auditors of Corporate Debtor (in the last 3 financial years) Secretarial auditors in practice of the Corporate Debtor (in the last three financial years) Cost Auditors of Corporate Debtor (in the last three financial years) Legal Firm5 (in the last three financial years) Consulting Firm6 (in the last three financial years) If yes, date of submission of disclosure: If no, reasons (specify) d. Disclosure of relationship of IPE O. Support sought from any professional(s)? (Yes/ No) S. No. Name of Professional Nature of profession Date of appointment Term of appointment From ___ to ___ Scope of engagement Professional fees paid/agreed to be paid (Rupees) Other expenses, if any, paid/ agreed to be paid (Rupees) Whether appointed at arms’ length relationship? (Yes/ No) Quantum Basis (hourly/daily etc.) 7 Legal firm that has any or had any transaction with the Corporate Debtor amounting to ten percent or more of the gross turnover of such firm in the last three financial years. 8 Consulting firm that has any or had any transaction with the Corporate Debtor amounting to ten percent or more of the gross turnover of such firm in the last three financial years. Relationship of all the Partners and Directors of IPE with Name Nature of relationship Description of Relationship Corporate Debtor Firm of auditors of Corporate Debtor (in the last 3 financial years) Secretarial auditors in practice of the Corporate Debtor (in the last three financial years) Cost Auditors of Corporate Debtor (in the last three financial years) Legal Firm7 (in the last three financial years) Consulting Firm8 (in the last three financial years) Prospective Resolution Applicant P. Disclosure of relationship of the professional Disclosure of relationship of Mr./ Ms/Mrs. _____________, with: Q. Details of Deviations/Non-Compliances of the provisions of Code, regulations, circulars or other laws applicable to the CD: Legal Provisions Deviation/ Non- complianc e Section/Regulat ion/Circular Reasons Period of non- compliance Whethe r rectifie d or not IBC CIRP Regulations IP Regulations Circulars Other laws applicable to the CD [ For example- Companies Act, SEBI Act, SCRA, Others (pls. specify) Relationship of the Professional with Name Nature of Relationship Description of relationship 7. Corporate Debtor 8. Corporate Guarantor, if any 9. Insolvency Professional 10. Insolvency Professional Entity (If associated with, any) 11. Financial Creditor(s) 12. Interim Finance Provider(s) 13. Prospective Resolution Applicant R. Details of orders passed by Courts/ Tribunals: Order (Interim/Final) Date of order Authority passing the order Abstract of order Attachments 1. Minutes of all CoC meetings. 2. Copy of Resolution Plan. 3. Disclosure of cost and relationship made to IPA. 4. All the applications filed before AA, if any. 5. All the orders passed by AA, if any. 6. All the applications filed before courts, if any. 7. All the orders passed by courts, if any. 8. Compliance Certificate – Form H. 9. Progress Reports filed to Adjudicating Authority by the RP. 10. Any other attachment related to resolution process (say Process document, Bid documents etc.). 11. Cost Sheets prepared by RP. 12. Other documents, if any. Declaration I, [Name of RP] having IP registration number [Registration no.], was appointed as an Resolution Professional vide NCLT order dated [ Insert date] and Application number [ Insert application number] dated [ Date of appointment of RP], under section 22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: Annexure-7 FORM – CIRP 6 (to be filed with the Board within 7 days of the occurrence of event) This Form is filed for intimation of A. Corporate Debtor a. Name of the Corporate Debtor: b. CIN/LLPIN of Corporate Debtor: I. Filing of application in respect of (a) Preferential transaction Date of filing application of preferential transactions Due date of Form Delay in submission of Form (number of days) Reasons for delay 1. Whether the RP formed an opinion on preferential transaction (Yes/ no) 2. Date of forming opinion: 3. Number of days taken for forming opinion: 4. Delay in number of days for forming opinion vis a vis timelines, if any: 5. Reasons for delay, if any: 6. Whether RP has made a determination on preferential transaction (Yes/ No): 7. Date of determination: 8. Number of days taken for determination of transactions: 9. Delay in number of days for determination of transactions vis a vis timelines, if any: 10. Reasons for delay vis a vis timelines, if any 11. Date of intimation to the Board: 12. Date of filing of application with Adjudicating Authority: I. Filing of application in respect of: a. Preferential transaction b. Undervalued transaction c. Extortionate transaction d. Fraudulent Transaction II. Raising of Interim Finance III. Insolvency resolution process for guarantors IV. Extension of period of CIRP V. Exclusion of period of CIRP VI. Premature closure of CIRP (appeal, settlement, withdrawal etc.) VII. Request for liquidation before completion of CIRP VIII. Non implementation of resolution plan as approved by AA 13. Number of days taken for filing application: 14. Delay in number of days for filing the application vis a vis timelines, if any: 15. Total transaction value reported (Rupees): (Amount in Rupees) Parties to the transact ion Relations hip with the CD (Related Party/Ot her than Related party) Nature of Preferen tial transacti on Date of such transact ion Underly ing Amount Status of applicat ion at the time of approva l of resoluti on by AA Any Amou nt clawe d back Authori ty to whom the applicat ion has been handed over to for further follow up Remar ks 16. Date when order was passed by the Adjudicating Authority, if any 17. Whether the AA order is challenged (Yes/No) 18. If Yes, Authority Name and outcome/order in brief Attachments 1. Determination of preferential transaction intimated to the Board. 2. Copy of forensic audit report, if any 3. Copy of transaction audit report, if any 4. Application filed with the Adjudicating Authority. 5. Order passed by the Adjudicating Authority. 6. Order passed by other courts. 7. Other document, if any. Declaration I, [Name of RP] having IP registration number [Registration no.], was appointed as an Resolution Professional vide NCLT order, dated [ mention date] in application number [ mention application number] dated [mention date of appointment of RP], under section 22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: (b) Undervalued transaction Date of filing of undervalued transactions Due date of Form Delay in submission of Form (number of days) Reasons for delay 1. Whether the RP formed an opinion on undervalued transaction (Yes/ no) 2. Date of forming opinion: 3. Number of days taken for forming opinion: 4. Delay in number of days for forming opinion vis a vis timelines, if any: 5. Reasons for delay, if any: 6. Whether RP has made a determination on undervalued transaction (Yes/ No): 7. Date of determination: 8. Number of days taken for determination of transactions: 9. Delay in number of days for determination of transactions vis a vis timelines, if any: 10. Reasons for delay vis a vis timelines, if any 11. Date of intimation to the Board: 12. Date of filing of application with Adjudicating Authority: 13. Number of days taken for filing application: 14. Delay in number of days for filing the application vis a vis timelines, if any: 15. Total transaction value reported (Rupees) (Amount in Rupees) Parties to the transac tion Relation ship with the CD (Related Party/ Other than Related party) Nature of Underva lued transacti on Date of such transac tion Underl ying Amoun t Status of applica tion at the time of approv al of resoluti on by AA Any Amo unt clawe d back Author ity to whom the applica tion has been handed over to for further follow up Rema rks 16. Date when order was passed by the Adjudicating Authority, if any: 17. Whether the AA order is challenged (Yes/No): 18. If Yes -Authority Name and outcome/order in brief: Attachments: a. Copy of the determination of the undervalued transaction sent to the Board b. Copy of forensic audit report, if any c. Copy of transaction audit report, if any d. Application filed with the Adjudicating Authority e. Order passed by the Adjudicating Authority f. Order passed by other courts g. Any other attachment Declaration I, [Name of RP] having IP registration number [Registration no.], was appointed as an Resolution Professional vide NCLT order, dated [mention date] in application number [ mention application number] dated [mention date of appointment of RP], under section 22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: (c) Extortionate credit transaction Date of filing of extortionate transactions Due date of Form Delay in submission of Form (number of days) Reasons for delay 1. Whether the RP formed an opinion on extortionate transaction (Yes/ no) 2. Date of forming opinion: 3. Number of days taken for forming opinion: 4. Delay in number of days for forming opinion vis a vis timelines, if any: 5. Reasons for delay, if any: 6. Whether RP has made a determination on extortionate transaction (Yes/ No): 7. Date of determination: 8. Number of days taken for determination of transactions: 9. Delay in number of days for determination of transactions vis a vis timelines, if any: 10. Reasons for delay vis a vis timelines, if any 11. Date of intimation to the Board: 12. Date of filing of application with Adjudicating Authority: 13. Number of days taken for filing application: 14. Delay in number of days for filing the application vis a vis timelines, if any: 15. Total transaction value reported (Rupees) (Amount in Rupees) Parties to the transac tion Relation ship with the CD (Related Party Other than Related party ) Nature of Extortio nate transact ion Date of such transac tion Underl ying Amoun t (Rupee s) Status of applica tion at the time of approv al of resolut ion by AA Any Amo unt clawe d back (Rup ees) Author ity to whom the applica tion has been handed over to for further follow up Rema rks 16. Date when order was passed by the Adjudicating Authority, if any: 17. Whether the AA order is challenged (Yes/No): 18. If Yes -Authority Name and outcome/order in brief: Attachments 1. Copy of the determination of the extortionate transaction sent to the Board 2. Copy of forensic audit report, if any 3. Copy of transaction audit report, if any 4. Application filed with the Adjudicating Authority 5. Order passed by the Adjudicating Authority 6. Order passed by other courts 7. Other document, if any Declaration I, [Name of RP] having IP registration number [Registration no.], was appointed as an Resolution Professional vide NCLT order, dated [ mention date] in application number [ mention application number] dated [mention date of appointment of RP], under section 22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: (d) Fraudulent transaction Date of filing of fraudulent transactions Due date of Form Delay in submission of Form (number of days) Reasons for delay 1. Whether the RP formed an opinion on fraudulent transaction (Yes/ no) 2. Date of forming opinion 3. Number of days taken for forming opinion: 4. Delay in number of days for forming opinion vis a vis timelines, if any 5. Reasons for delay, if any: 6. Whether RP has made a determination on fraudulent transaction (Yes/ No) 7. Date of determination: 8. Number of days taken for determination of transactions: 9. Delay in number of days vis a vis timelines: 10. Reasons for delay vis a vis timelines, if any 11. Date of intimation to the Board: 12. Date of filing of application with Adjudicating Authority: 13. Number of days taken for filing application 14. Delay in number of days vis a vis timelines, if any 15. Total transaction value reported (Rupees): (Amount in Rupees) Parties to the transac tion Relation ship with the CD (Related Party/ Other than Related party) Nature of Fraudu lent transac tion Date of such transac tion Underl ying Amoun t Status of applica tion at the time of approv al of resoluti on by AA Any Amo unt clawe d back Author ity to whom the applica tion has been handed over to for further follow up Rema rks 16. Date when order was passed by the Adjudicating Authority, if any : 17. Whether the AA order is challenged (Yes/No): 18. If Yes -Authority Name and outcome/order in brief: Attachments 1. Copy of determination of fraudulent transaction sent to the Board 2. Copy of forensic audit report, if any 3. Copy of transaction audit report, if any 4. Application filed with the Adjudicating Authority 5. Order passed by the Adjudicating Authority 6. Order passed by other courts 7. Any other attachment Declaration I, [Name of RP] having IP registration number [Registration no.], was appointed as an Resolution Professional vide NCLT order, dated [ mention date] in application number [ mention application number] dated [mention date of appointment of RP], under section 22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: II. Interim finance Date of raising interim finance Due date of Form Delay in submission of Form (number of days) Reasons for delay (Amount in Rupees) Declaration I, [Name of IRP/RP] having IP registration number [Registration no.], was appointed as an Insolvency Resolution Professional/ Resolution Professional vide NCLT order, dated [ mention date] in application number [ mention application number] dated [mention date of appointment of RP], under section 16/22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: Name of Interim financier Address of Interim Financier Date of raising interim finance Amount of interim finance taken Whether security interest created (Yes/ No) If yes, provide details of asset on which security interest is created III. Insolvency resolution process for guarantors S. no Name of guaranto r Guarant ee issued in favour of Amount of guarante e Date of invocatio n of guarante e Date of default by guaranto r Date of initiation of process against guaranto r under the Code Petitio n No. NCL T Bench Declaration I, [Name of IRP/RP] having IP registration number [Registration no.], was appointed as an Insolvency Resolution Professional/ Resolution Professional vide NCLT order, dated [ mention date] in application number [ mention application number] dated [mention date of appointment of RP], under section 16/22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: IV. (a) Extension of period of CIRP Date of granting extension by Authority Due date of Form Delay in submission of Form (number of days) Reasons for delay 1. Number of times applied for extension of CIRP period: S. No. Date of meeting of CoC Date of filing of application Application/ Petition No. Extension applied (No. of days) Extension granted (No. of days) Date of order passed Abstract of order 2. Number of days taken to pass the resolution by CoC, for seeking extension of CIRP: 3. Number of days taken to file the application with AA: 4. Number of days taken for the order of NCLT: 5. Whether any period excluded from CIRP period by any Authority? If yes – Authority and new date of closure of CIRP: Declaration I, [Name of IRP/RP] having IP registration number [Registration no.], was appointed as an Insolvency Resolution Professional/ Resolution Professional vide NCLT order, dated [ mention date] in application number [mention application number] dated [mention date of appointment of RP], under section 16/22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: IV. (b) Exclusion of Period of CIRP Stage of CIRP (please specify one or more from below) Number of days excluded Authority Reason for exclusion (Pre EOI/Post EOI before issue of RFRP/Post issue of RFRP before submission of resolution plan to AA/Post submission of resolution plan to AA/Others) (Litigation period/Directions of AA to reconsider the plan/Delay in appointment of RP by CoC/Delay in receipt of order of appointment/Time taken for approving the Resolution Plan by AA/Others) Declaration I, [Name of IRP/RP] having IP registration number [Registration no.], was appointed as an Insolvency Resolution Professional/ Resolution Professional vide NCLT order, dated [ mention date] in application number [ mention application number] dated [mention date of appointment of RP], under section 16/22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: V. Premature closure of CIRP (appeal, settlement, withdrawal etc.) Date of application of withdrawal to AA Due date of Form Delay in submission of Form (number of days) Reasons for delay A. Premature closure is by (appeal/settlement), specify details as below: 1. Application/Petition No.: 2. Bench: 3. Name of the Applicant/Petitioner: 4. Application filed under Section: 5. Date of admission: 6. In case of appeal, a. Date of order appeal against: b. Abstract of the order appealed against: c. Date of order disposing the appeal: d. Authority passing the order in appeal: e. Abstract of the order disposing the appeal: 7. In case of settlement, a. Date of making application for disposal of CIRP on the basis of settlement: b. Details of settlement: c. Amount involved in the settlement: d. Date of order closing the CIRP based on settlement: e. Abstract of the order: B. Stage of 12A withdrawal Description (please specify one from below) Specify Resolution Plan / Liquidation filed by RP with AA for approval, yet to be approved Resolution Plan / Liquidation Approved by CoC, yet to be filed with AA for approval Resolution Plans / Liquidation under Consideration of CoC Resolution Plans, if any, under Examination of RP but yet to be submitted to CoC Request for Resolution Plan (Re)issued but Last Date for Receipt for Resolution Plans is not yet over Invitation for EoI (Re)Issued but Request for Resolution Plan yet to be Issued Invitation for EoI yet to be Issued Others 1. Date of CoC approval: 2. Number of days taken for approval of CoC: 3. Date of application to AA: 4. Number of days taken for submission of application: 5. Whether the application accompanies Bank Guarantee? Yes No If yes, provide terms of Bank Guarantee 6. Grounds for withdrawal (please select one below) Grounds of withdrawal - Full settlement with applicant - Full settlement with other creditors - Agreement to settle in future - Other settlements with creditors - CD not traceable - CD struck off the register - Applicant not pursuing due to high cost - Other 7. Whether withdrawal approved by the Adjudicating Authority? Yes/No If yes, Date of the Order passed by the Adjudicating Authority: If no, reasons for rejection: 8. Any Settlement amount agreed /received by Stakeholders (FC/OC/others) pursuant to 12A withdrawal along with timelines: Attachments 1. Copy of the minutes of the CoC where resolution for withdrawal of application was approved by CoC 2. Form FA submitted to the resolution professional by the Applicant 3. Copy of the Application filed with the Adjudicating Authority 4. Order passed by AA/NCLAT/HC/Supreme Court 5. Any other attachment Nature of stakeholder Name Amount (Rupees) Timelines for payments, if any Declaration Declaration I, [Name of IRP/RP] having IP registration number [Registration no.], was appointed as an Insolvency Resolution Professional/ Resolution Professional vide NCLT order, dated [ mention date] in application number [ mention application number] dated [mention date of appointment of RP], under section 16/22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: VI. Request for liquidation before completion of CIRP Date of filing application for liquidation before CIRP completion Due date of Form Delay in submission of Form (number of days) Reasons for delay 1. Application/Petition No. initiating CIRP: 2. Bench: 3. Name of the Applicant/Petitioner: 4. Application filed under Section(7/9/10): 5. Date of admission: 6. Stage of CIRP (please specify one from below): Resolution Plans, if any, under Examination of RP but yet to be submitted to CoC Request for Resolution Plan (Re)issued but Last Date for Receipt for Resolution Plans is not yet over Invitation for EoI (Re)Issued but Request for Resolution Plan yet to be Issued Invitation for EoI yet to be Issued Others 7. Date of passing resolution by CoC to liquidate the CD: 8. Resolution passed by CoC in which meeting of CoC( Ist , 2nd…): 9. Reasons for request for liquidation before completion of CIRP: 10. Voting share of CoC approving liquidation: S. No Voting share (%) – in favor Voting share (%) - against Voting share (%) - abstained 11. Date of filing application before AA for liquidation of CD: 12. Date of order of AA to liquidate CD: 13. Abstract of order: 14. Appeals, if any against order of liquidation Attachments 1. Copy of the minutes of the CoC where liquidation was considered 2. Copy of the Application filed with the Adjudicating Authority 3. Order passed by AA/NCLAT/HC/Supreme Court 4. Any other attachment Declaration Declaration I, [Name of IRP/RP] having IP registration number [Registration no.], was appointed as an Insolvency Resolution Professional/ Resolution Professional vide NCLT order, dated [ mention date] in application number [ mention application number] dated [mention date of appointment of RP], under section 16/22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place: VII. Non implementation of resolution plan as approved by AA Date of default of implementation of resolution plan Due date of Form Delay in submission of Form (number of days) Reasons for delay 1. Duration of implementation of plan 2. Is there any contravention(s) of terms and conditions of implementation of resolution plan by RA/ CD? (Yes/ no) If yes, Grounds of Contravention(s) Specific clauses of the resolution plan period of delay in implementation 3. Application filed with AA? (Yes/ No) If yes, please furnish the details below: a. Date of filing the application: b. Date of order of AA: Attachments 1. Copy of the Application filed with the AA 2. Order passed by AA 3. Any other attachment Declaration I, [Name of RP] having IP registration number [Registration no.], was appointed as an Resolution Professional vide NCLT order, dated [ mention date] in application number [ mention application number] dated [mention date of appointment of RP], under section 22 of the Insolvency and Bankruptcy Code, 2016. I declare that the contents of this form are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom. *To be digitally signed/ e-signed by IP *IP registration number: Date: Place:
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