IBC 141 — Restrictions on bankrupt

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) A bankrupt, from the bankruptcy commencement date, shall—
(a) not act as a director of any company, or directly or indirectly take part in or be concerned in the promotion, formation or management of a company;
(b)  without  the  previous  sanction  of  the  bankruptcy  trustee,  be  prohibited  from  creating  any charge on his estate or taking any further debt;
(c) be required to inform his business partners that he is undergoing a bankruptcy process;
(d)  prior  to  entering  into  any  financial  or  commercial  transaction  of  such  value  as  may  be prescribed, either individually or jointly, inform all the parties involved in such transaction that he is undergoing a bankruptcy process;
(e) without the previous sanction of the Adjudicating Authority, be incompetent to maintain any legal action or proceedings in relation to the bankruptcy debts; and (f) not be permitted to travel overseas without the permission of the Adjudicating Authority.
(2) Any restriction to which a bankrupt may be subject under this section shall cease to have effect, if—
(a) the bankruptcy order against him is modified or recalled under section 142; or (b) he is discharged under section 138.

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