Insolvency and Bankruptcy Code: Committee of Creditors

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Questions and Answers

What is the responsibility of the interim resolution professional and resolution professional during the CIRP?

  • They are responsible for appointing the committee of creditors
  • They are responsible for filing claims on behalf of the stakeholders
  • They are responsible for finalizing the insolvency resolution plan
  • They are responsible for compliance with legal requirements on behalf of the corporate debtor (correct)

What forms are prescribed for submission of claims by different stakeholders?

  • Form A, Form B, Form C
  • Form B, Form C, Form CA (correct)
  • Form D, Form E, Form F
  • Form C, Form D, Form E

How is the committee of creditors constituted during the CIRP?

  • By the financial creditors directly
  • By the interim resolution professional collating all claims (correct)
  • By the National Company Law Tribunal (NCLT)
  • By the corporate debtor's management team

Can a financial creditor who is a related party of the corporate debtor participate or vote in the committee of creditors?

<p>No, they are not allowed to participate in the committee (C)</p> Signup and view all the answers

What information does the notice for the meeting contain?

<p>Agenda, list of issues to be voted upon, and relevant documents (D)</p> Signup and view all the answers

Is physical presence mandatory for a member of the committee of creditors to cast a vote?

<p>No, electronic participation is allowed (C)</p> Signup and view all the answers

How does the resolution professional take the vote of the committee of creditors?

<p>By electronic voting system after the meeting (B)</p> Signup and view all the answers

How is the authorised representative for the class of creditors appointed?

<p>Chosen by the resolution professional (B)</p> Signup and view all the answers

What happens if the corporate debtor owes financial debts to multiple financial creditors as part of a consortium or agreement?

<p>Each financial creditor becomes part of the committee of creditors and their voting share is based on the financial debts owed to them. (D)</p> Signup and view all the answers

What happens if the corporate debtor does not have any financial creditors or if all financial creditors are related parties?

<p>The committee of creditors only comprises operational creditors as per regulation 16 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016. (A)</p> Signup and view all the answers

Who are the members of the committee of creditors when it consists only of operational creditors?

<p>Eighteen largest operational creditors by value or all operational creditors if they are less than eighteen in number, a representative elected by workmen other than those included in the eighteen largest, and a representative elected by all employees other than those included in the eighteen largest. (C)</p> Signup and view all the answers

How is the resolution professional appointed by the committee of creditors?

<p>The resolution professional is appointed by the National Company Law Tribunal (NCLT). (C)</p> Signup and view all the answers

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