FORM 2

(See sub-rule (1) of rule 9)

(Under rule of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016)

WRITTEN COMMUNICATION BY PROPOSED INTERIM RESOLUTION PROFESSIONAL

[Date]

To,

The National Company Law Tribunal

[Address]

 

From,

[Name and address of the registered office of the proposed interim resolution professional]

In the matter of [name of the corporate debtor]

 

Subject: Written communication in connection with an application to initiate corporate insolvency resolution process in respect of [name of the corporate debtor]

Madam/Sir,

I, [name of proposed interim resolution professional], an insolvency professional registered with [name of insolvency professional agency] having registration number [registration number] have been proposed as the interim resolution professional by [name of applicant financial creditor] in connection with the proposed corporate insolvency resolution process of [name of the corporate debtor].

In accordance with rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, I hereby:

(i) agree to accept appointment as the interim resolution professional if an order admitting the present application is passed;

(ii) state that the registration number allotted to me by the Board is [insert registration number] and that I am currently qualified to practice as an insolvency professional;

1[(iii) disclose that I am currently having the following assignments in hand:

SI. NO.

Assignment as

Number of Assigment(s)

No.

Name of corporate debtor

Date of commencement of process

Expected date of closure of process

Corporate Process

1

IRP

 

1

 

 

 

2

 

 

 

3

 

 

 

 

 

 

 

2

RP

 

1

 

 

 

2

 

 

 

3

 

 

 

 

 

 

 

3

Liquidator
(including
voluntary
liquidations)

 

1

 

 

 

2

 

 

 

3

 

 

 

 

 

 

 

4

Authorised Representative

 

1

 

 

 

2

 

 

 

3

 

 

 

 

 

 

 

Individual Process

5

Resolution Professional

 

 

 

 

 

6

Bankruptcy Trustee

 

 

 

 

 

7

Any Other

 

 

 

 

 

 

 

 

 

 

 

 

(iv) certify that there are no disciplinary proceedings pending against me with the Board or [name of the insolvency professional agency he is a member of];

(v) affirm that I am eligible to be appointed as a resolution professional in respect of the corporate debtor in accordance with the provisions of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016

(vi) make the following disclosures in accordance with the code of conduct for insolvency professionals as set out in

the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016;

(Signature of the insolvency professional)

(Name in block letters)

(Name of insolvency professional entity, if applicable)

[Optional certification, if required by the applicant making an application under these Rules]

I, hereby, certify that the facts averred by the applicant in the present application are true, accurate and complete and a default has occurred in respect of the relevant corporate debtor. I have reached this conclusion based on the following facts and/or opinion:-

[Please give details].

(Signature of the insolvency professional)

(Name in block letters)

(Name of insolvency professional entity, if applicable)

 

 

NOTE:-

1. Substituted by The Insolvency and Bankruptcy (Application to Adjudicating Authority) (Amendment) Rules, 2020. dated. 24th September, 2020.

For the serial no. (iii)-

(iii) disclose that I am currently serving as an interim resolution professional / resolution professional / liquidator in [insert number of proceedings] proceedings;

The following shall be substituted, namely-

"(iii) disclose that I am currently having the following assignments in hand:

SI. NO.

Assignment as

Number of Assigment(s)

No.

Name of corporate debtor

Date of commencement of process

Expected date of closure of process

Corporate Process

1

IRP

 

1

 

 

 

2

 

 

 

3

 

 

 

 

 

 

 

2

RP

 

1

 

 

 

2

 

 

 

3

 

 

 

 

 

 

 

3

Liquidator
(including
voluntary
liquidations)

 

1

 

 

 

2

 

 

 

3

 

 

 

 

 

 

 

4

Authorised Representative

 

1

 

 

 

2

 

 

 

3

 

 

 

 

 

 

 

Individual Process

5

Resolution Professional

 

 

 

 

 

6

Bankruptcy Trustee

 

 

 

 

 

7

Any Other