Introduction
The Insolvency and Bankruptcy Board of India (“IBBI“) has recently implemented significant revisions via the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) (Amendment) Regulations, 2024 (“Amendment Regulations“) on January 31, 2024. These Amendment Regulations shall be effective from January 31, 2024. These changes exemplify a proactive stance in tackling challenges associated with insolvency resolution processes concerning personal guarantors (“PGs“) to corporate debtors (“CDs“).
A. Removal of Restrictions on Insolvency Professionals (IPs):
A significant amendment includes lifting restrictions on designating an insolvency professional (“IP“) as a resolution professional (“RP“) or bankruptcy trustee in the insolvency resolution or bankruptcy process of PGs to CDs. Previously, limitations were imposed if the IP had previously served or was currently serving as an interim resolution professional, RP, or liquidator during the corporate insolvency resolution process (“CIRP“) or liquidation process of the CD. This modification allows for the appointment of the same IP in both corporate and personal guarantor proceedings, ensuring enhanced harmonization and effective coordination between the two processes.
B. Mandatory Convening of Creditors’ Meeting:
The revised regulations bring a pivotal procedural change to personal guarantor cases. Previously, the RP had the authority to determine the necessity of calling a meeting of creditors based on the evaluation of the PG’s repayment plan. The amendment now mandates the compulsory convening of a meeting of creditors. This alteration is particularly noteworthy since personal guarantor cases often entail intricate financial interdependencies and involvement of multiple creditors. The new provision seeks to tackle the inherent complexities in these cases, ensuring a more comprehensive and collaborative resolution process. By enforcing the mandatory nature of the creditors’ meeting, the amendment encourages active participation and cooperation among stakeholders, thereby promoting a robust and fair framework for addressing financial distress in PG cases.
Conclusion
The recent adjustments made by the IBBI are instrumental in simplifying and strengthening insolvency procedures related to personal guarantors to corporate debtors. These modifications, which include the removal of restrictions on IP appointments and the compulsory convening of creditors’ meetings, seek to promote improved coordination, heightened fairness, and a more comprehensive resolution of financial distress in cases involving personal guarantors. In the ever-evolving insolvency landscape, these amendments underscore the IBBI’s commitment to nurturing an efficient and equitable insolvency framework in India.
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