IBC 17 — Management of affairs of corporate debtor by interim resolution professional

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) From the date of appointment of the interim resolution professional,—
(a)  the  management  of  the  affairs  of  the  corporate  debtor  shall  vest  in  the  interim  resolution professional;
(b) the  powers  of the  board of directors  or the  partners  of the  corporate  debtor, as the case  may be, shall stand suspended and be exercised by the interim resolution professional;
(c)  the officers and  managers  of  the  corporate  debtor  shall  report  to  the  interim  resolution professional  and  provide  access  to  such  documents  and  records  of  the  corporate  debtor  as  may  be required by the interim resolution professional;
(d)  the  financial  institutions  maintaining  accounts  of  the  corporate  debtor  shall  act  on  the instructions  of  the  interim  resolution  professional  in  relation  to  such  accounts  and  furnish  all information relating to the corporate debtor available with them to the interim resolution professional.
(2) The interim resolution professional vested with the management of the corporate debtor shall—

(a) act and execute in the name and on behalf of the corporate debtor all deeds, receipts, and other documents, if any;
(b) take  such actions,  in the  manner and  subject to such  restrictions,  as may be  specified  by the
Board;
(c) have the authority to access the electronic records of corporate debtor from information utility having financial information of the corporate debtor;
(d)  have the  authority  to  access  the  books  of  account,  records  and  other  relevant  documents  of corporate debtor available with government authorities, statutory auditors, accountants and such other persons as

[may be specified; and].

[(e)  be  responsible  for  complying  with  the  requirements  under  any  law  for  the  time  being  in force on behalf of the corporate debtor.].

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