IBC 22 — Appointment of resolution professional

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  The  first  meeting  of  the  committee  of  creditors shall be held within seven days of the constitution of the committee of creditors.
(2) The committee of creditors, may, in the first meeting, by a majority vote of not less than

[sixty-six] per cent. of the voting share of the financial creditors, either resolve to appoint the interim resolution professional  as  a  resolution  professional  or  to  replace  the  interim  resolution  professional  by  another resolution professional.
(3) Where the committee of creditors resolves under sub-section (2)—
(a) to continue the interim resolution professional as resolution professional,

[subject to a written consent  from  the  interim  resolution  professional  in the  specified  form] it  shall  communicate  its decision to the interim resolution professional, the  corporate  debtor and the  Adjudicating Authority;
or (b)   to   replace   the   interim   resolution   professional,   it   shall   file   an  application   before   the
Adjudicating  Authority  for  the  appointment  of  the  proposed  resolution  professional

[along  with  a written consent from the proposed resolution professional in the specified form].
(4) The Adjudicating Authority shall forward the name of the resolution professional proposed under clause  (b)  of  sub-section  (3)  to  the  Board  for  its  confirmation  and  shall  make  such  appointment  after confirmation by the Board.
(5)  Where  the  Board  does  not  confirm  the  name  of  the  proposed resolution  professional  within  ten days of the receipt of the name of the proposed resolution professional, the Adjudicating Authority shall, by order, direct the  interim resolution professional to continue  to function as the resolution professional until such time as the Board confirms the appointment of the proposed resolution professional.

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