IBC 101 — Moratorium

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  When  the  application  is  admitted  under  section  100,  a  moratorium  shall commence in relation to all the debts and shall cease to have effect at the end of the period of one hundred and  eighty days  beginning with the  date of admission of the  application or on the  date  the  Adjudicating Authority passes an order on the repayment plan under section 114, whichever is earlier.
(2) During the moratorium period—
(a) any  pending  legal  action  or  proceeding  in  respect of  any  debt  shall  be  deemed  to  have  been stayed;
(b) the creditors shall not initiate any legal action or legal proceedings in respect of any debt; and (c)  the  debtor  shall  not  transfer,  alienate,  encumber  or  dispose  of  any  of  his  assets  or  his  legal rights or beneficial interest therein;
(3) Where an order admitting the application under section 96 has been made in relation to a firm, the moratorium under sub-section (1) shall operate against all the partners of the firm.
(4)  The  provisions  of  this  section  shall  not  apply  to  such  transactions  as  may  be  notified  by  the Central Government in consultation with any financial sector regulator.

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