IBBI Issues Guidelines For CoC To Maximize Value Of Corporate Debtors’ Assets

IBBI Issues Guidelines For CoC To Maximize Value Of Corporate Debtors’ Assets

The regulations were effective from 06 August

The Insolvency and Bankruptcy Board of India (IBBI) has issued guidelines for the Committee of Creditors (CoC) to maximize the value of the corporate debtors’ assets.

It will strengthen objectivity and integrity while resolving disputes under the Insolvency and Bankruptcy Code (IBC), 2016, by maintaining integrity in discharging the functions.

The guidelines instill the principles of independence and impartiality by mandating disclosure to the CoC/insolvency professional the details of any existing or potential conflict of interest arising due to pecuniary, personal, or professional relationship with any stakeholder, immediately on becoming aware of it.

Professionalism being a core of the IBC’s functioning, the rules strengthen competence and participation, keeping abreast with the provisions. It will ensure nominating representatives with proper authorization and mandate to participate in the meetings.

The nominated representatives will need the authority’s approval and participate in constructive and effective deliberations and decision-making of the CoC.

The guidelines fortify cooperation, supervision and timeliness to facilitate the insolvency professionals discharging their duties and expeditious appointments within the timelines. The regulations would work towards resolving any inter-se disputes between the members, particularly related to claims, preferably, through dialogue, or other non-adversarial means, to avoid litigation.

The IBBI is undertaking confidentiality and always ensuring adherence. The issue of costs was dealt with by suggesting, measures to ensure that the insolvency resolution process cost was reasonable, expeditious decision on expenses incurred by the insolvency professional, including the expenditures of the corporate debtor and his fee, and fixing the amount payable to the liquidator while deciding to liquidate the corporate debtor.

Other rules include the CoC’s regular monitoring of the insolvency professional’s activities and seek rationale decisions, recommending inclusion or otherwise of the belated claims collated by him and categorized as acceptable in the list of creditors and its treatment in the resolution plan.

It would be imperative to participate in the presentation of valuation methodologies made by the registered valuers and ensure the meetings are held at regular intervals.

The guidelines propose transparency, ensuring the latest financial statements and relevant extract from the audits of the corporate debtor conducted by the creditors such as audits of stocks, transactions, forensics, and other relevant information, are available to the insolvency professional.

It would have to be shared for the efficient conduct of the process and records of all litigations filed against or by the corporate debtor from insolvency professionals and recommend necessary actions to safeguard the interest of the corporate debtors.

It advises reviewing and assessing the information memorandum prepared by the insolvency professional and offer additional insights. His role in marketing strategy and measures for the assets of the corporate debtor would be necessary.

It is to be ensured that all resolution plans received by the insolvency professional are placed before the CoC and it would require a monitoring committee to implement the resolution plan.