IBC 240 — Power to make regulations

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) The Board may, by notification, make regulations consistent with this Code and the rules made thereunder, to carry out the provisions of this Code.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—

(a)  the  form  and  the  manner  of  accepting  electronic  submission  of  financial  information  under sub-clause (a) of clause (9) of section 3;
(b)  the  persons  to  whom  access  to  information  stored  with  the  information  utility  may  be provided under sub-clause (d) of clause (9) of section 3;
(c) the other information under sub-clause (f) of clause (13) of section 3;
(d) the other costs under clause (e) of sub-section (13) of section 5;
(e) the cost incurred by the liquidator during the period of liquidation which shall be liquidation cost under sub-section (16) of section 5;
(f)  the  other  record  or  evidence  of  default  under  clause  (a),  and  any  other  information  under clause (c), of sub-section (3) of section 7;

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(h) the period under clause (a) of sub-section (3) of section 10;
(i)  the  supply  of  essential  goods  or  services  to  the  corporate  debtor  under  sub-section  (2)  of section 14;

[(ia) circumstances in which supply of critical goods or services  may be  terminated, suspended or interrupted during the period of moratorium under sub-section (2A) of section 14;]
(j) the manner of making public announcement under sub-section (2) of section 15;

[(ja) the last date for submission of claims under clause (c) of sub-section (1) of section 15;]
(k) the manner of taking action and the restrictions thereof under clause (b) of sub-section (2) of section 17;
(l) the other persons under clause (d) of sub-section (2) of section 17;
(m) the other matters under clause (d) of sub-section (2) of section 17;
(n) the other matters under sub-clause (iv) of clause (a), and the other duties to be performed by the interim resolution professional under clause (g), of section 18;

[(na) the number of creditors within a class of creditors under clause (b) of sub-section (6A) of section 21;
(nb)  the  remuneration  payable  to  authorised  representative  under  clause  (ii)  of  the  proviso  to sub-section (6B) of section 21;
(nc)  the  manner  of  voting  and  determining  the  voting  share  in  respect of  financial  debts  under sub-section (7) of section 21;]
(o) the persons who shall comprise the committee of creditors, the functions to be exercised such committee and the manner in which functions shall be exercised under the proviso to sub-section (8) of section 21;
(p)  the  other  electronic  means  by  which  the  members  of  the  committee  of  creditors  may  meet under sub-section (1) of section 24;
(q) the manner of assigning voting share to each creditor under sub-section (7) of section 24;

(r) the manner of conducting the meetings of the committee of creditors under sub-section (8) of section 24;
(s)  the  manner  of  appointing  accountants,  lawyers  and  other  advisors  under  clause  (d)  of sub-section (2) of section 25;

[(sa) other conditions under clause (h) of sub-section (2) of section 25;]
(t) the other actions under clause (k) of sub-section (2) of section 25;
(u)  the  form  and  the  manner  in  which  an  information  memorandum  shall  be  prepared  by  the resolution professional sub-section (1) of section 29;
(v) the other matter pertaining to the corporate debtor under the Explanation to sub-section (2) of section 29;
(w)  the  manner  of  making  payment  of  insolvency  resolution  process  costs  under  clause  (a),  the manner of

[payment of debts] under clause (b), and the other requirements to which a resolution plan shall conform to under clause (d), of sub-section (2) of section 30;

[(wa) other requirements under sub-section (4) of section 30;].
(x)  the  fee  for  the  conduct  of  the  liquidation  proceedings  and  proportion  to  the  value  of  the liquidation estate assets under sub-section (8) of section 34;
(y) the manner of evaluating the assets and property of the corporate debtor under clause (c), the manner  of  selling  property  in  parcels  under  clause  (f),  the  manner of  reporting  progress  of  the liquidation  process  under  clause  (n),  and  the  other  functions  to  be  performed  under  clause  (o),  of sub-section (1) of section 35;
(z)  the  manner  of  making  the  records  available  to  other  stakeholders  under  sub-section (2)  of section 35;
(za) the other means under clause (a) of sub-section (3) of section 36;
(zb) the other assets under clause (e) of sub-section (4) of section 36;
(zc) the other source under clause (g) of sub-section (1) of section 37;
(zd)  the  manner  of providing  financial  information  relating  to  the  corporate  debtor  under sub-section (2) of section 37;
(ze) the form, the manner and the supporting documents to be submitted by operational creditor to prove the claim under sub-section (3) of section 38;
(zf)  the  time  within  which  the  liquidator  shall  verify  the  claims  under  sub-section  (1)  of section 39;
(zg) the manner of determining the value of claims under section 41;
(zh) the manner of relinquishing security interest to the liquidation estate and receiving proceeds from the sale of assets by the liquidator under clause (a), and the manner of realising security interest under clause (b) of sub-section (1) of section 52;
(zi) the other means under clause (b) of sub-section (3) of section 52;
(zj) the manner in which secured creditor shall be paid by the liquidator under sub-section (9) of section 52;

(zk)  the  period  and  the  manner  of  distribution  of  proceeds  of  sale  under  sub-section  (1)  of section 53;
(zl) the other means under clause (a) and the other information under clause (b) of section 57;
(zm) the conditions and procedural requirements under sub-section (2) of section 59;
(zn) the details and the documents required to be submitted under sub-section (7) of section 95;
(zo) the other matters under clause (c) of sub-section (3) of section 105;
(zp) the manner and form of proxy voting under sub-section (4) of section 107;
(zq) the manner of assigning voting share to creditor under sub-section (2) of section 109;
(zr) the manner and form of proxy voting under sub-section (3) of section 133;
(zs) the fee to be charged under sub-section (1) of section 144;
 (zt) the appointment of other officers and employees under sub-section (2), and the salaries and allowances payable to, and other terms and conditions of service of, such officers and employees of the Board under sub-section (3), of section 194;
(zu) the other information under clause (i) of sub-section (1) of section 196;
(zv)  the  intervals  in  which  the  periodic  study, research  and  audit  of  the  functioning  and performance  of  the  insolvency  professional  agencies,  insolvency  professionals  and  information utilities under clause (r), and mechanism for disposal of assets under clause (t), of sub-section (1) of section 196;
(zw)  the  place  and  the  time  for  discovery  and  production  of  books  of  account  and  other documents under clause (i) of sub-section (3) of section 196;
(zx)  the  other  committees  to  be  constituted  by  the  Board  and  the  other  members  of  such committees under section 197;
(zy) the other persons under clause (b) and clause (d) of section 200;
(zz) the form and the manner of application for registration, the particulars to be contained therein and the fee it shall accompany under sub-section (1) of section 201;
(zza) the  form  and  manner  of  issuing  a  certificate  of  registration  and  the  terms  and  conditions thereof, under sub-section (3) of section 201;
(zzb)  the  manner  of  renewal  of  the  certificate  of  registration  and  the  fee  therefor,  under sub-section (4) of section 201;
(zzc) the other ground under clause (d) of sub-section (5) of section 201;
(zzd)  the  form  of  appeal  to  the  National  Company  Law  Appellate  Tribunal,  the  period  within which it shall be filed under section 202;
(zze) the other information under clause (g) of section 204;
(zzf) the other grounds under Explanation to section 196;
(zzg)  the  setting  up  of  a  governing  board  for  its  internal  governance  and  management  under clause (e), the curriculum under clause (l), the manner of conducting examination under clause (m) , of section 196;

(zzh)  the  time  within  which,  the  manner  in  which,  and  the  fee  for  registration  of  insolvency professional under sub-section (1) of section 207;
(zzi)  the  categories  of  professionals  or  persons,  the  qualifications  and experience  and  the  fields under sub-section (2) of section 207;
(zzj) the manner and the conditions subject to which the insolvency professional shall perform his function under clause (f) of sub-section (2) of section 208;
(zzk)  the  form  and  manner  in  which,  and  the  fee  for  registration  of  information  utility  under sub-section (1) of section 210;
(zzl)  the  form  and  manner  for  issuing  certificate  of  registration  and  the  terms  and  conditions thereof, under sub-section (3) of section 210;
(zzm)  the manner  of  renewal  of  the  certificate  of  registration  and  the  fee  therefor,  under sub-section (4) of section 210;
(zzn) the other ground under clause (d) of sub-section (5) of section 210;
(zzo)  the  form,  the  period  and  the  manner  of filing  appeal  to  the  National  Company  Law
Appellate Tribunal under section 211;
(zzp) the number of independent members under section 212;
(zzq)  the  services  to  be  provided  by  information  utility  and  the  terms  and  conditions  under section 213;
(zzr)  the  form  and  manner  of  accepting  electronic  submissions  of  financial  information  under clause (b) and clause (c) of section 214;
(zzs) the minimum service quality standards under clause (d) of section 214;
(zzt) the information to be accessed and the manner of accessing such information under clause (f) of section 214;
(zzu) the statistical information to be published under clause (g) of section 214;
(zzv) the form, the fee and the manner for submitting or accessing information under sub-section (1) of section 215;
(zzw) the form and manner for submitting financial information and information relating to assets under sub-section (2) of section 215;
(zzx) the manner and the time within which financial information may be updated or modified or rectified under section 216;
(zzy) the form, manner and time of filing complaint under section 217;
(zzz)  the  time  and  manner  of  carrying  out  inspection  or  investigation  under  sub-section  (2)  of section 218;
(zzza)  the  manner  of  carrying  out  inspection  of  insolvency  professional  agency  or  insolvency professional or information utility and the time for giving reply under section 219;
(zzzb) the procedure for claiming restitution under sub-section (6), the period within which such restitution  may  be  claimed  and  the  manner  in  which  restitution  of  amount  may  be  made  under sub-section (7) of section 220;
(zzzc) the other funds of clause (c) of sub-section (1) of section 222.

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