IBC 85 — Effect of admission of application

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  On  the  date  of  admission  of  the  application,  the moratorium period shall commence in respect of all the debts.
(2) During the moratorium period—
(a) any pending legal action or legal proceeding in respect of any debt shall be deemed  to have been stayed; and (b)  subject  to  the  provisions  of  section  86,  the  creditors  shall  not  initiate  any  legal  action  or proceedings in respect of any debt.
(3) During the moratorium period, the debtor shall—
(a) not act as a director of any company, or directly or indirectly take part in or be concerned in the promotion, formation or management of a company;

(b) not dispose of or alienate any of his assets;
(c) inform his business partners that he is undergoing a fresh start process;
(d)  be  required  to  inform  prior  to  entering  into  any  financial  or  commercial  transaction  of  such value  as  may  be  notified  by  the  Central  Government,  either  individually  or  jointly, that  he  is undergoing a fresh start process;
(e) disclose the name under which he enters into business transactions, if it is different from the name in the application admitted under section 84;
(f) not travel outside India except with the permission of the Adjudicating Authority.
(4)  The  moratorium  ceases  to  have  effect  at  the  end  of  the  period  of  one  hundred  and  eighty  days beginning  with  the  date  of  admission  unless  the  order  admitting  the  application  is  revoked  under sub-section (2) of section 91.

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