IBC 29 — Preparation of information memorandum

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) The  resolution  professional  shall  prepare  an information  memorandum  in  such form  and  manner  containing  such  relevant  information  as  may  be specified by the Board for formulating a resolution plan.
(2)  The  resolution  professional  shall  provide  to  the  resolution  applicant  access  to  all relevant information in physical and electronic form, provided such resolution applicant undertakes—
(a)  to  comply  with  provisions  of  law  for  the  time  being  in  force  relating  to confidentiality  and insider trading;
(b) to protect any intellectual property of the corporate debtor it may have access to; and (c)  not  to share  relevant  information  with  third  parties  unless  clauses  (a)  and  (b) of  this sub-section are complied with.
Explanation.—For  the  purposes  of  this  section, “relevant  information” means  the information required  by  the  resolution  applicant  to  make  the  resolution  plan  for  the  corporate debtor,  which  shall include the financial position of the corporate debtor, all information related to disputes by or against the corporate debtor and any other matter pertaining to the corporate debtor as may be specified.

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