IBC 18 — Duties of interim resolution professional

Insolvency & Bankruptcy Code, 2016

Statutory text

The  interim  resolution  professional  shall  perform the following duties, namely:—
(a)  collect  all  information relating  to  the  assets,  finances  and  operations  of  the  corporate  debtor for determining the financial position of the corporate debtor, including information relating to—
(i) business operations for the previous two years;
(ii) financial and operational payments for the previous two years;
(iii) list of assets and liabilities as on the initiation date; and (iv) such other matters as may be specified;
(b)  receive  and  collate  all  the  claims  submitted  by  creditors  to  him,  pursuant  to  the  public announcement made under sections 13 and 15;
(c) constitute a committee of creditors;
(d)  monitor  the  assets  of  the  corporate  debtor  and  manage  its  operations  until  a  resolution professional is appointed by the committee of creditors;
(e) file information collected with the information utility, if necessary; and (f) take control and custody of any asset over which the corporate debtor has ownership rights as recorded in the balance sheet of the corporate debtor, or with information utility or the depository of securities or any other registry that records the ownership of assets including—
(i)  assets  over  which  the  corporate  debtor  has  ownership  rights  which  may  be  located  in  a foreign country;
(ii) assets that may or may not be in possession of the corporate debtor;
(iii) tangible assets, whether movable or immovable;
(iv) intangible assets including intellectual property;
(v)  securities  including  shares  held  in  any  subsidiary  of  the  corporate  debtor,  financial instruments, insurance policies;
(vi) assets subject to the determination of ownership by a court or authority;
(g) to perform such other duties as may be specified by the Board.

Explanation.—For  the  purposes  of  this

[section],  the  term “assets” shall  not  include the  following, namely:—
(a) assets owned by a third party in possession of the corporate debtor held under trust or under contractual arrangements including bailment;
(b) assets of any Indian or foreign subsidiary of the corporate debtor; and (c)  such  other  assets  as  may  be  notified  by  the  Central  Government  in  consultation  with  any financial sector regulator.

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