IBC 97 — Appointment of resolution professional

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) If the application under section 94 or 95 is filed through a resolution professional, the Adjudicating Authority shall direct the Board within seven days of the date of the application to confirm that there are no disciplinary proceedings pending against resolution professional.
(2) The Board shall within seven days of receipt of directions under sub-section (1) communicate to the Adjudicating Authority in writing either—
(a) confirming the appointment of the resolution professional; or (b)  rejecting  the  appointment  of  the  resolution  professional  and  nominating  another  resolution professional for the insolvency resolution process.
(3) Where an application under section 94 or 95 is filed by the debtor or the creditor himself, as the case  may  be,  and  not  through  the  resolution  professional,  the  Adjudicating  Authority  shall  direct  the Board,  within  seven  days  of  the  filing  of  such  application,  to  nominate  a  resolution  professional  for  the insolvency resolution process.
(4)  The  Board  shall  nominate  a  resolution  professional  within  ten  days  of  receiving  the  direction issued by the Adjudicating Authority under sub-section (3).
(5) The Adjudicating Authority shall by order appoint the resolution professional recommended under sub-section (2) or as nominated by the Board under sub-section (4).
(6) A resolution professional appointed by the Adjudicating Authority under sub-section (5) shall be provided a copy of the application for insolvency resolution process.

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