IBC 96 — Interim moratorium

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) When an application is filed under section 94 or section 95—
(a)  an  interim-moratorium  shall  commence  on  the  date  of  the  application  in  relation  to  all  the debts and shall cease to have effect on the date of admission of such application; and

(b) during the interim-moratorium period—
(i) any legal action or proceeding pending in respect of any debt shall be deemed to have been stayed; and (ii) the creditors  of the  debtor shall not initiate  any legal action or proceedings  in respect of any debt.
(2)  Where  the  application  has  been  made  in  relation  to  a  firm,  the  interim-moratorium  under sub-section (1) shall operate against all the partners of the firm as on the date of the application.
(3)  The  provisions  of  sub-section  (1)  shall  not  apply  to  such  transactions  as  may  be  notified  by  the Central Government in consultation with any financial sector regulator.

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