IBC 25 — Duties of resolution professional

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  It  shall  be  the  duty  of  the  resolution  professional  to preserve and protect the assets of the corporate debtor, including the continued business operations of the corporate debtor.
(2)  For  the  purposes  of  sub-section  (1),  the  resolution  professional  shall  undertake  the  following actions, namely:—
(a)  take  immediate  custody  and  control  of  all  the  assets  of  the  corporate  debtor,  including  the business records of the corporate debtor;
(b)  represent  and  act  on  behalf  of  the  corporate  debtor  with  third  parties,  exercise  rights  for  the benefit of the corporate debtor in judicial, quasi-judicial or arbitration proceedings;
(c) raise interim finances subject to the approval of the committee of creditors under section 28;
(d) appoint accountants, legal or other professionals in the manner as specified by Board;
(e) maintain an updated list of claims;
(f) convene and attend all meetings of the committee of creditors;
(g) prepare the information memorandum in accordance with section 29;

[(h) invite prospective resolution applicants, who fulfil such criteria as may be laid down by him with the approval of committee of creditors, having regard to the complexity and scale of operations of the  business  of  the  corporate  debtor  and  such  other  conditions  as  may  be  specified  by  the  Board,  to submit a resolution plan or plans.].
(i) present all resolution plans at the meetings of the committee of creditors;
(j) file application for avoidance of transactions in accordance with Chapter III, if any; and (k) such other actions as may be specified by the Board.

Back to IBC