The Insolvency and Bankruptcy Board of India (IBBI) vide its notification dated 24th November 2021 has revised the format for filing of list of creditors under clause (ca) of sub-regulation (2) of regulation 13 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.
In pursuance of clause (ca) of sub-regulation (2) of regulation 13 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (‘CIRP Regulations’) requiring the insolvency professional (IP) to file list of creditors on the electronic platform of the Board for dissemination on its website.
However in the said format, the particular “Identification No.” for seeking identification details of creditors is mentioned. It has come to notice that in few instances, details such as Aadhaar, PAN card, etc., are being filled therein. Such information being sensitive personal information is prone to misuse and hence is not to be revealed on public platforms. The General Guidelines for securing Identity information and Sensitive personal data or information in compliance to Aadhaar Act, 2016 and Information Technology Act, 2000 issued by the Ministry of Electronics and Information Technology also provides that any personal identifiable data including Aadhaar should not be published in public domain.
Therefore the column “Identification No.” has been removed from the following forms namely: –
- List of secured financial creditors belonging to any class of creditors.
- List of unsecured financial creditors belonging to any class of creditors.
- List of secured financial creditors (other than financial creditors belonging to any class of creditors).
- List of unsecured financial creditors (other than financial creditors belonging to any class of creditors).
- List of operational creditors (Workmen).
- List of operational creditors (Employees).
- List of operational creditors (Government dues).
- List of operational creditors (Other than Workmen and Employees and Government Dues).
- List of other creditors (Other than financial creditors and operational creditors).
Further, the insolvency professionals are directed to file the list of creditors of the respective corporate debtor and modification thereof, in the revised format placed in Annexure, within 3 days of the preparation of the list or modification thereof, as the case may be.
