IBC 10 — Initiation of corporate insolvency resolution process by corporate applicant

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  Where  a corporate  debtor  has  committed  a  default,  a  corporate  applicant  thereof  may  file  an  application  for initiating corporate insolvency resolution process with the Adjudicating Authority.
(2) The application under sub-section (1) shall be filed in such form, containing such particulars and in such manner and accompanied with such fee as may be prescribed.

[(3) The corporate applicant shall, along with the application, furnish—
(a)  the  information  relating  to  its  books  of  account  and such  other  documents  for  such  period  as may be specified;
(b)  the  information  relating  to  the  resolution  professional  proposed  to  be  appointed  as  an  interim resolution professional; and (c) the special resolution passed by shareholders of the corporate debtor or the resolution passed by at least three-fourth of the  total number of partners  of the  corporate  debtor, as the  case may be,  approving filing of the application.];
 (4)  The  Adjudicating  Authority  shall,  within  a  period  of  fourteen  days  of  the  receipt  of  the application, by an order—
(a) admit the application, if it is complete;

[and no disciplinary proceeding is pending against the proposed resolution professional] or (b) reject the  application, if it is  incomplete:

[or any disciplinary proceeding is pending against the proposed resolution professional]
Provided  that  Adjudicating  Authority  shall,  before  rejecting  an  application,  give  a  notice  to  the applicant to rectify the defects in his application within seven days from the date of receipt of such notice from the Adjudicating Authority.
(5)  The  corporate  insolvency  resolution  process  shall  commence  from  the  date  of  admission  of  the application under sub-section (4) of this section.

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