IBC 89 — Replacement of resolution professional

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) Where the debtor or the creditor is of the opinion that the resolution professional appointed under section 82 is required to be replaced, he may apply to the Adjudicating Authority for the replacement of such resolution professional.
(2)  The  Adjudicating  Authority  shall  within  seven  days  of  the  receipt  of  the  application  under sub-section (1) make a reference to the Board for replacement of the resolution professional.
(3)  The  Board  shall,  within  ten  days  of  the  receipt  of  a  reference  from  the  Adjudicating  Authority under sub-section (2), recommend the name of an insolvency professional to the Adjudicating Authority against whom no disciplinary proceedings are pending.
(4) The  Adjudicating Authority shall appoint another resolution professional for the  purposes  of the fresh start process on the basis of the recommendation by the Board.
(5)  The  Adjudicating  Authority  may  give  directions  to  the  resolution  professional  replaced  under sub-section (4)—
(a)  to  share  all  information  with  the  new  resolution  professional  in  respect of  the  fresh  start process; and (b) to co-operate with the new resolution professional as may be required.

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