IBC 12 — Time-limit for completion of insolvency resolution process

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  Subject  to  sub-section  (2), the corporate insolvency resolution process shall be completed within a period of one hundred and eighty days from the date of admission of the application to initiate such process.
(2)  The  resolution  professional  shall  file  an  application  to  the  Adjudicating  Authority  to  extend  the period of the corporate insolvency resolution process beyond one hundred and eighty days, if instructed to do so by a resolution passed at a meeting of the committee of creditors by a vote of

[sixty-six] per cent.
of the voting shares.
(3) On receipt of an application under sub-section (2), if the  Adjudicating Authority is  satisfied that the  subject  matter  of  the  case  is  such  that  corporate  insolvency  resolution  process  cannot  be  completed within  one  hundred  and  eighty  days,  it  may  by  order  extend  the  duration  of  such  process  beyond  one hundred and eighty days by such further period as it thinks fit, but not exceeding ninety days:
Provided  that  any  extension  of  the  period  of  corporate  insolvency  resolution  process  under  this section shall not be granted more than once.

[Provided  further  that  the  corporate  insolvency  resolution  process  shall  mandatorily  be  completed within a period of three hundred and thirty days from the insolvency commencement date, including any extension of the period of corporate insolvency resolution process granted under this section and the time taken in legal proceedings in relation to such resolution process of the corporate debtor:
Provided also that where  the  insolvency resolution process of a  corporate  debtor is  pending and  has not been  completed  within the  period referred to in the  second proviso,  such  resolution process  shall be completed  within a  period  of  ninety  days  from  the  date  of  commencement  of  the  Insolvency  and Bankruptcy Code (Amendment) Act, 2019.]

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