IBC 24 — Meeting of committee of creditors

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) The members of the committee of creditors may meet in person or by such electronic means as may be specified.
(2) All meetings of the committee of creditors shall be conducted by the resolution professional.
(3) The resolution professional shall give notice of each meeting of the committee of creditors to—
(a)  members  of

[committee  of  creditors,  including  the  authorised  representatives  referred  to  in sub-sections (6) and (6A) of section 21 and sub-section (5)];
(b) members of the suspended Board of Directors or the partners of the corporate persons, as the case may be;
(c) operational creditors or their representatives if the amount of their aggregate  dues is  not less than ten per cent. of the debt.
(4)  The  directors,  partners  and  one  representative  of  operational  creditors,  as  referred  to  in sub-section (3), may attend the meetings of committee of creditors, but shall not have any right to vote in such meetings:
Provided  that the  absence of  any  such  director,  partner  or representative  of  operational  creditors,  as the case may be, shall not invalidate proceedings of such meeting.
(5)

[Subject  to sub-sections  (6), (6A)  and (6B)  of  section  21,  any  creditor] who is  a  member  of the committee  of  creditors  may  appoint  an  insolvency  professional  other  than  the  resolution  professional to represent such creditor in a meeting of the committee of creditors:
Provided  that  the  fees  payable  to  such  insolvency  professional  representing  any  individual  creditor will be borne by such creditor.
(6) Each creditor shall vote in accordance with the voting share assigned to him based on the financial debts owed to such creditor.
(7) The resolution professional shall determine the voting share to be assigned to each creditor in the manner specified by the Board.
(8)  The  meetings  of  the  committee  of  creditors  shall  be  conducted  in  such  manner  as  may  be specified.

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