Insolvency and Bankruptcy Board of India vide notification dated 15th February, 2024 has issued the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2024. The amendment has provided following additional duties for resolution professionals.
- Where the corporate debtor has any real estate project, the interim resolution professional or the resolution professional, as the case may be, shall operate a separate bank account for each real estate project.
- The resolution professional shall seek a vote of the members who did not vote at the meeting on the matters listed for voting, by electronic voting system.
- A request for extension made by a creditor, the voting window shall be extended in increments of twenty-four hours period. The resolution professional shall not extend the voting window where the matters listed for voting have already received the requisite majority vote and one extension has been given after the receipt of requisite majority vote.
- The insolvency professional shall place in each meeting of the committee, the operational status of the corporate debtor and shall seek its approval for all costs, which are part of insolvency resolution process costs.
- The resolution professional shall facilitate a meeting wherein registered valuers shall explain the methodology being adopted to arrive at valuation to the members of the committee before computation of estimates.
- After the receipt of resolution plans in accordance with the Code and these regulations, the resolution professional shall provide the fair value, the liquidation value and valuation reports to every member of the committee in electronic form, on receiving an undertaking from the member to the effect that such member shall maintain confidentiality of the fair value, the liquidation value and valuation reports and shall not use the information contained in the valuation reports to cause an undue gain or undue loss to itself or any other person.
- The resolution professional after the approval of the committee may invite a resolution plan for each real estate project or group of projects of the corporate debtor.
