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(2) An application for fast track corporate insolvency resolution process may be made in respect of the following corporate debtors, namely:— (a) a corporate debtor with assets and income below a level as may be notified by the Central Government; or (b) a corporate debtor with such class of creditors or such amount of ...
(1) A financial creditor, either by itself or jointly, shall make an application for initiating the corporate insolvency resolution process against a corporate debtor under section 7 of the Code in Form 1, accompanied with documents and records required therein and as specified in the Insolvency and Bankruptcy Board of ...
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(i) Only a corporate applicant can file an application for initiation of PPIRP. (ii) The applicant shall file the application in Form 1, in electronic form, before the AA for initiating PPIRP.
If a corporate becomes insolvent, a financial creditor, an operational creditor, or the corporate itself may initiate CIRP. After making an application then CIRP is initiated.
CIRP is the process through which it is determined whether the person who has defaulted is capable of repayment or not (IRPs will evaluate the assets and liabilities to determine the repayment capability). If a person is not capable of repaying the debt the company is restructured or liquidated.
Who can initiate CIRP? Ans: CIRP may be initiated by a financial creditor under section 7, an operational creditor under section 9 and corporate applicant of corporate debtor under section 10 of the Code.
Insolvency examples An individual may enter into insolvency when they own an expensive car and large house and run into financial distress. An expensive divorce, job demotion or redundancy, unexpected illness or injury may drastically alter the person's financial situation.
This process is called compulsory liquidation, and generally begins with the issue of a statutory demand against the debtor company, closely followed by a winding-up petition. Company directors may also decide that voluntary liquidation is the best option if they fear such legal action by creditors is imminent.