Bare Act · 277 sections
Insolvency and Bankruptcy Code, 2016 (IBC)
Part I — Preliminary
Chapter I — Preliminary
Chapter II — Corporate Insolvency Resolution Process
- 6. Persons who may initiate corporate insolvency resolution process
- 7. Initiation of corporate insolvency resolution process by financial creditor
- 8. Insolvency resolution by operational creditor
- 9. Application for initiation of corporate insolvency resolution process by operational creditor
- 10. Initiation of corporate insolvency resolution process by corporate applicant
- 10A. Suspension of initiation of corporate insolvency resolution process
- 11. Persons not entitled to make application
- 11A. Section 11A
- 12. Time-limit for completion of insolvency resolution process
- 12A. Withdrawal of application admitted under section 7, 9 or 10
- 13. Declaration of moratorium and public announcement
- 14. Moratorium
- 15. Public announcement of corporate insolvency resolution process
- 16. Appointment and tenure of interim resolution professional
- 17. Management of affairs of corporate debtor by interim resolution professional
- 18. Duties of interim resolution professional
- 19. Personnel to extend co-operation to interim resolution professional
- 20. Management of operations of corporate debtor as going concern
- 21. Committee of creditors
- 22. Appointment of resolution professional
- 23. Resolution professional to conduct corporate insolvency resolution process
- 24. Meeting of committee of creditors
- 25. Duties of resolution professional
- 25A. Rights and duties of authorised representative of financial creditors
- 26. Application for avoidance of transactions not to affect proceedings
- 27. Replacement of resolution professional by committee of creditors
- 28. Approval of committee of creditors for certain actions
- 29. Preparation of information memorandum
- 29A. Persons not eligible to be resolution applicant
- 30. Submission of resolution plan
- 31. Approval of resolution plan
- 32. Appeal
- 32A. Section 32A
Chapter III — Liquidation Process
- 33. Initiation of liquidation
- 34. Appointment of liquidator and fee to be paid
- 35. Powers and duties of liquidator
- 36. Liquidation estate
- 37. Powers of liquidator to access information
- 38. Consolidation of claims
- 39. Verification of claims
- 40. Admission or rejection of claims
- 41. Determination of valuation of claims
- 42. Appeal against the decision of liquidator
- 43. Preferential transactions and relevant time
- 44. Orders in case of preferential transactions
- 45. Avoidance of undervalued transactions
- 46. Relevant period for avoidable transactions
- 47. Application by creditor in cases of undervalued transactions
- 48. Order in cases of undervalued transactions
- 49. Transactions defrauding creditors
- 50. Extortionate credit transactions
- 51. Orders of Adjudicating Authority in respect of extortionate credit transactions
- 52. Secured creditor in liquidation proceedings
- 53. Distribution of assets
- 54. Dissolution of corporate debtor
Chapter III-A — Pre-packaged Insolvency Resolution
- 54B. Section 54B
- 54E. Section 54E
- 54F. Section 54F
- 54G. List of claims and preliminary information memorandum
- 54H. Management of affairs of corporate debtor
- 54J. Vesting management of corporate debtor with resolution professional
- 54K. Consideration and approval of resolution plan
- 54L. Approval of resolution plan
- 54M. Appeal against order under section 54L
- 54N. Termination of pre-packaged insolvency resolution process
- 54P. Application of provisions of Chapters II, III, VI, and VII to this Chapter
Chapter IV — Fast Track Corporate Insolvency Resolution Process
Chapter V — Voluntary Liquidation of Corporate Persons
Chapter VI — Adjudicating Authority for Corporate Persons
- 60. Adjudicating Authority for corporate persons
- 61. Appeals and Appellate Authority
- 62. Appeal to Supreme Court
- 63. Civil court not to have jurisdiction
- 64. Expeditious disposal of applications
- 65. Fraudulent or malicious initiation of proceedings
- 66. Fraudulent trading or wrongful trading
- 67. Proceedings under section 66
- 67A. Section 67A
Chapter VII — Offences and Penalties
- 68. Punishment for concealment of property
- 69. Punishment for transactions defrauding creditors
- 70. Punishment for misconduct in course of corporate insolvency resolution process
- 71. Punishment for falsification of books of corporate debtor
- 72. Punishment for wilful and material omissions from statements relating to affairs of corporate debtor
- 73. Punishment for false representations to creditors
- 74. Punishment for contravention of moratorium or the resolution plan
- 75. Punishment for false information furnished in application
- 76. Punishment for non-disclosure of dispute or 1 [payment] of debt by operational creditor
- 77. Punishment for providing false information in application made by corporate debtor
- 77A. Punishment for offences related to pre-packaged insolvency resolution process
Chapter I — Preliminary
Chapter II — Fresh Start Process
- 80. Eligibility for making an application
- 81. Application for fresh start order
- 82. Appointment of resolution professional
- 83. Examination of application by resolution professional
- 84. Admission or rejection of application by Adjudicating Authority
- 85. Effect of admission of application
- 86. Objections by creditor and their examination by resolution professional
- 87. Application against decision of resolution professional
- 88. General duties of debtor
- 89. Replacement of resolution professional
- 90. Directions for compliances of restrictions, etc
- 91. Revocation of order admitting application
- 92. Discharge order
- 93. Standard of conduct
Chapter III — Insolvency Resolution Process
- 94. Application by debtor to initiate insolvency resolution process
- 95. Application by creditor to initiate insolvency resolution process
- 96. Interim- moratorium
- 97. Appointment of resolution professional
- 98. Replacement of resolution professional
- 99. Submission of report by resolution professional
- 100. Admission or rejection of application
- 101. Moratorium
- 102. Public notice and claims from creditors
- 103. Registering of claims by creditors
- 104. Preparation of list of creditors
- 105. Repayment plan
- 106. Report of resolution professional on repayment plan
- 107. Summoning of meeting of creditors
- 108. Conduct of meeting of creditors
- 109. Voting rights in meeting of creditors
- 110. Rights of secured creditors in relation to repayment plan
- 111. Approval of repayment plan by creditors
- 112. Report of meeting of creditors on repayment plan
- 113. Notice of decisions taken at meeting of creditors
- 114. Order of Adjudicating Authority on repayment plan
- 115. Effect of order of Adjudicating Authority on repayment plan
- 116. Implementation and supervision of repayment plan
- 117. Completion of repayment plan
- 118. Repayment plan coming to end prematurely
- 119. Discharge order
- 120. Standard of conduct
Chapter IV — Bankruptcy Order for Individuals and Partnership Firms
- 121. Application for bankruptcy
- 122. Application by debtor
- 123. Application by creditor
- 124. Effect of application
- 125. Appointment of insolvency professional as bankruptcy trustee
- 126. Bankruptcy order
- 127. Validity of bankruptcy order
- 128. Effect of bankruptcy order
- 129. Statement of financial position
- 130. Public notice inviting claims from creditors
- 131. Registration of claims
- 132. Preparation of list of creditors
- 133. Summoning of meeting of creditors
- 134. Conduct of meeting of creditors
- 135. Voting rights of creditors
- 136. Administration and distribution of estate of bankrupt
- 137. Completion of administration
- 138. Discharge order
- 139. Effect of discharge
- 140. Disqualification of bankrupt
- 141. Restrictions on bankrupt
- 142. Modification or recall of bankruptcy order
- 143. Standard of conduct
- 144. Fees of bankruptcy trustee
- 145. Replacement of bankruptcy trustee
- 146. Resignation by bankruptcy trustee
- 147. Vacancy in office of bankruptcy trustee
- 148. Release of bankruptcy trustee
Chapter V — Administration and Distribution of the Estate of the Bankrupt
- 149. Functions of bankruptcy trustee
- 150. Duties of bankrupt towards bankruptcy trustee
- 151. Rights of bankruptcy trustee
- 152. General powers of bankruptcy trustee
- 153. Approval of creditors for certain acts
- 154. Vesting of estate of bankrupt in bankruptcy trustee
- 155. Estate of bankrupt
- 156. Delivery of property and documents to bankruptcy trustee
- 157. Acquisition of control by bankruptcy trustee
- 158. Restrictions on disposition of property
- 159. After-acquired property of bankrupt
- 160. Onerous property of bankrupt
- 161. Notice to disclaim onerous property
- 162. Disclaimer of leaseholds
- 163. Challenge against disclaimed property
- 164. Undervalued transactions
- 165. Preference transactions
- 166. Effect of order
- 167. Extortionate credit transactions
- 168. Obligations under contracts
- 169. Continuance of proceedings on death of bankrupt
- 170. Administration of estate of deceased bankrupt
- 171. Proof of debt
- 172. Proof of debt by secured creditors
- 173. Mutual credit and set-off
- 174. Distribution of interim dividend
- 175. Distribution of property
- 176. Final dividend
- 177. Claims of creditors
- 178. Priority of payment of debts
Chapter VI — Adjudicating Authority for Individuals and
Chapter VII — Offences and Penalties
Chapter I — The Insolvency and Bankruptcy Board of India
- 188. Establishment and incorporation of Board
- 189. Constitution of Board
- 190. Removal of member from office
- 191. Powers of Chairperson
- 192. Meetings of Board
- 193. Member not to participate in meetings in certain cases
- 194. Vacancies etc., not to invalidate proceedings of Board, and Officers and employees of Board
- 195. Power to designate financial sector regulator
Chapter II — Powers and Functions of the Board
Chapter III — Insolvency Professional Agencies
- 199. No person to function as insolvency professional agency without valid certificate of registration
- 200. Principles governing registration of insolvency professional agency
- 201. Registration of insolvency professional agency
- 202. Appeal to National Company Law Appellate Tribunal
- 203. Governing Board of insolvency professional agency
- 204. Functions of insolvency professional agencies
- 205. Insolvency professional agencies to make bye-laws
Chapter IV — Insolvency Professionals
Chapter V — Information Utilities
- 209. No person to function as information utility without certificate of registration
- 210. Registration of information utility
- 211. Appeal to National Company Law Appellate Tribunal
- 212. Governing Board of information utility
- 213. Core services, etc. of information utilities
- 214. Obligations of information utility
- 215. Procedure for submission, etc. of financial information
- 216. Rights and obligations of persons submitting financial information
Chapter VI — Inspection and Investigation
- 217. Complaints against insolvency professional agency or its member or information utility
- 218. Investigation of insolvency professional agency or its member or information utility
- 219. Show cause notice to insolvency professional agency or its member or information utility
- 220. Appointment of disciplinary committee
Chapter VII — Finance, Accounts and Audit
Part V — Miscelleneous
- 224. Insolvency and Bankruptcy Fund
- 225. Power of Central Government to issue directions
- 226. Power of Central Government to supersede Board
- 227. Power of Central Government to notify financial sector providers etc
- 228. Budget
- 229. Annual Report
- 230. Delegation
- 231. Bar of jurisdiction
- 232. Members, officers and employees of the Board to be public servants
- 233. Protection of action taken in good faith
- 234. Agreements with foreign countries
- 235. Letter of request to a country outside India in certain cases
- 235A. Punishment where no specific penalty or punishment is provided
- 236. Trial of offences by Special Court
- 237. Appeal and revision
- 238. Provisions of this Code to override other laws
- 238A. Limitation
- 239. Power to make rules
- 240. Power to make regulations
- 240A. Application of this Code to micro, small and medium enterprises
- 241. Rules and Regulations to be laid before Parliament
- 242. Power to remove difficulties
- 243. Repeal of certain enactments and savings
- 244. Transitional provisions
- 245. Amendments of Act 9 of 1932
- 246. Amendments of Act 1 of 1944
- 247. Amendments of Act 43 of 1961
- 248. Amendments of Act 52 of 1962
- 249. Amendments of Act 51 of 1993
- 250. Amendments of Act 32 of 1994
- 251. Amendments of Act 54 of 2002
- 252. Amendments of Act 1of 2004
- 253. Amendments of Act 51of 2007
- 254. Amendments of Act 6 of 2009
- 255. Amendments of Act 18 of 2013
Source: official text.