IBC 235 — Letter of request to a country outside India in certain cases

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) Notwithstanding anything contained  in  this  Code  or  any  law  for  the  time  being  in  force  if,  in  the  course  of  insolvency  resolution process,  or  liquidation  or  bankruptcy  proceedings,  as  the  case  may  be,  under  this  Code,  the  resolution professional,  liquidator  or  bankruptcy  trustee,  as  the  case  may  be,  is  of  the  opinion  that  assets  of  the corporate debtor or debtor, including a personal guarantor of a corporate debtor, are situated in a country outside  India  with  which  reciprocal  arrangements  have been  made  under  section  234,  he  may  make  an

application  to  the  Adjudicating  Authority  that  evidence  or  action  relating  to  such  assets  is  required  in connection with such process or proceeding.
(2)  The  Adjudicating  Authority  on  receipt  of  an  application  under  sub-section  (1)  and,  on  being satisfied  that  evidence  or  action  relating  to  assets  under  sub-section  (1)  is  required  in  connection  with insolvency resolution process  or liquidation or bankruptcy proceeding, may issue  a letter of request to a court or an authority of such country competent to deal with such request.

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