IBC 16 — Appointment and tenure of interim resolution professional

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) The Adjudicating Authority shall appoint an interim resolution professional

[on the insolvency commencement date].
(2) Where the application for corporate insolvency resolution process is made by a financial creditor or  the  corporate  debtor,  as  the  case  may  be,  the  resolution  professional,  as  proposed  respectively  in  the application under section 7 or section 10, shall be appointed as the interim resolution professional, if no disciplinary proceedings are pending against him.
(3)  Where  the  application  for  corporate  insolvency  resolution  process  is  made  by  an  operational creditor and—
(a)  no  proposal  for  an  interim  resolution  professional  is  made, the  Adjudicating  Authority  shall make a reference to the Board for the recommendation of an insolvency professional who may act as an interim resolution professional;
(b)  a  proposal  for  an  interim  resolution  professional  is  made  under  sub-section (4)  of  section  9, the resolution professional as proposed, shall be appointed as the interim resolution professional, if no disciplinary proceedings are pending against him.
(4)  The  Board  shall,  within  ten  days  of  the  receipt  of  a  reference  from  the  Adjudicating  Authority under sub-section (3), recommend the name of an insolvency professional to the Adjudicating Authority against whom no disciplinary proceedings are pending.
(5) The term of the interim resolution professional

[shall continue till the date of appointment of the resolution professional under section 22].

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