IBC 31 — Approval of resolution plan

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) If the Adjudicating Authority is satisfied that the resolution plan as approved by the committee of creditors under sub-section (4) of section 30 meets the requirements as referred to in sub-section (2) of section 30, it shall by order approve the resolution plan which shall be binding   on   the   corporate   debtor   and   its   employees,   members,   creditors,

[including   the   Central
Government, any State  Government or any local authority to whom a  debt in respect of the  payment of dues  arising  under  any  law  for  the  time  being  in  force,  such  as  authorities  to  whom  statutory  dues  are owed,] guarantors and other stakeholders involved in the resolution plan.

[Provided  that  the  Adjudicating  Authority  shall,  before  passing  an  order  for  approval  of  resolution plan   under   this sub-section,   satisfy   that   the   resolution   plan   has   provisions   for   its   effective implementation.]
(2)  Where  the  Adjudicating  Authority  is  satisfied  that  the  resolution  plan  does  not  confirm  to  the requirements referred to in sub-section (1), it may, by an order, reject the resolution plan.
(3) After the order of approval under sub-section (1),—
(a)  the  moratorium  order  passed  by  the  Adjudicating  Authority  under  section  14  shall  cease  to have effect; and (b)  the  resolution  professional  shall  forward  all  records  relating  to  the  conduct  of  the  corporate insolvency resolution process and the resolution plan to the Board to be recorded on its database.

[(4)  The  resolution  applicant  shall,  pursuant  to  the  resolution  plan  approved  under  sub-section  (1), obtain the necessary approval required under any law for the time  being in force  within a  period of one year from the date of approval of the resolution plan by the Adjudicating Authority under sub-section (1) or within such period as provided for in such law, whichever is later:
Provided that where the resolution plan contains a provision for combination, as referred to in section
5  of  the  Competition  Act,  2002 (12  of  2003),  the  resolution  applicant  shall  obtain  the  approval  of  the Competition  Commission  of  India  under  that  Act  prior  to  the  approval  of  such  resolution  plan  by  the committee of creditors.]

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