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Liquidation under IBC Code PDF

The liquidation process under the IBC is the one that NCLT has to opt for in the absence of a failed insolvency resolution process. However, there are more reasons as to why this process is chosen. Furthermore, the process itself entails a lot of details.


The liquidation process under the IBC is the one that NCLT has to opt for in the absence of a failed insolvency resolution process. However, there are more reasons as to why this process is chosen. Furthermore, the process itself entails a lot of details.

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<strong>Liquidation</strong> Process<br />

<strong>under</strong> <strong>IBC</strong><br />

Presented By:<br />

Registrationwala


What Is <strong>Liquidation</strong><br />

Winding up a firm through<br />

selling its assets for cash is called<br />

liquidation. Under the Insolvency<br />

and Bankruptcy law this is one of<br />

the options to resolve the<br />

insolvency of a corporate debtor.


How Is <strong>Liquidation</strong> Initiated?<br />

<strong>Liquidation</strong> is initiated after:<br />

• The insolvency resolution period has been unsuccessful.<br />

• Majority of COC have voted for liquidation.<br />

• NCLT has decided to fast track the resolution procedure<br />

• The insolvency resolution plan is not followed by the debtor.<br />

https://www.registrationwala.com/knowledge-base/insolvency/bankruptcy/liquidationprocess-<strong>under</strong>-ibc


Who Is A Liquidator?<br />

A liquidator is a business expert whose job it is to valuate, and<br />

properly liquidate the company assets.


How Is A Liquidator<br />

Appointed?<br />

The insolvency professional himself has to act as the liquidator.<br />

However, the following are the steps if a new liquidator is needed.<br />

NCLT<br />

instructs<br />

IBBI for<br />

appoint a<br />

new IP.<br />

IBBI<br />

proposes<br />

the name<br />

of the new<br />

IP within<br />

10 days.<br />

IP is<br />

appointed.<br />

NCLT<br />

formulates<br />

a plan for<br />

the IP to<br />

act as a<br />

liquidator.


What Are The Duties Of<br />

The Liquidator?<br />

1<br />

Consulting with stakeholders<br />

2<br />

Preparing reports<br />

3<br />

4<br />

Money recovery<br />

Preparing asset memorandum<br />

6<br />

5<br />

Asset valuation & Selling the assets<br />

Security interest realization<br />

7<br />

Distributing unsold assets


Process Of <strong>Liquidation</strong><br />

Insolvency resolution failure<br />

Appointment of a liquidator<br />

Liquidator makes public announcements<br />

Submission of preliminary reports<br />

Creation of progress reports


Continue<br />

Maintenance of records and books<br />

Appointing an assisting professional<br />

Recovery of assets<br />

Asset estate creation<br />

Preparation of asset memorandum


Continue<br />

Valuation of assets<br />

Realization of security interests<br />

Selling the assets<br />

Distributing the profits among claimants<br />

Distributing unsold assets among<br />

claimants


Contact us<br />

+91-8882-580-580<br />

support@registrationwala.com<br />

https://www.registrationwala.com/knowledgebase/insolvency/bankruptcy

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