IBC 69 — Punishment for transactions defrauding creditors

Insolvency & Bankruptcy Code, 2016

Statutory text

[If] an officer of the corporate debtor or the corporate debtor—
(a) has made or caused to be made any gift or transfer of, or charge on, or has caused or connived in the execution of a decree or order against, the property of the corporate debtor;
(b) has concealed or removed any part of the property of the corporate debtor within two months before the date of any unsatisfied judgment, decree or order for payment of money obtained against the corporate debtor, such officer of the corporate debtor or the corporate debtor, as the case may be, shall be punishable with imprisonment  for  a  term  which  shall  not  be  less  than  one  year,  but  which  may  extend  to  five  years,  or with fine, which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both:
Provided  that a  person  shall not be  punishable under this  section if the  acts  mentioned  in clause (a) were committed more than five years before the insolvency commencement date; or if he proves that, at the time of commission of those acts, he had no intent to defraud the creditors of the corporate debtor.

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