Unit 4 of Bankruptcy Laws (syllabus: Module IV — the Insolvency and Bankruptcy Board of India, its constitution, powers and functions; insolvency professional agencies; insolvency professionals; information utilities; and registered valuers, so far as the sources allow). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What is the Insolvency and Bankruptcy Board of India, and how is it constituted?
- What are the powers and functions of the Board?
- How is an insolvency professional regulated?
- What are insolvency professional agencies for?
- What do information utilities do, and who must give them information?
- How are agencies, professionals and utilities disciplined?
- What does the Code say about registered valuers?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Insolvency and Bankruptcy Code, 2016, s. 188 and 189
- Insolvency and Bankruptcy Code, 2016, s. 196
- Insolvency and Bankruptcy Code, 2016, s. 206 and 208
- Insolvency and Bankruptcy Code, 2016, s. 200 and 204
- Insolvency and Bankruptcy Code, 2016, s. 214 and 215
- Insolvency and Bankruptcy Code, 2016, s. 220
- Companies Act, 2013, s. 247
Leading cases
- No judgment is available for this subject; the nearest authority is ss. 188 and 189 of the Code
- No judgment is available for this subject; the nearest authority is s. 196 of the Code
- No judgment is available for this subject; the nearest authority is ss. 206
- No judgment is available for this subject; the nearest authority is ss. 199 to 205 of the Code
- No judgment is available for this subject; the nearest authority is ss. 209 to 216 of the Code
- No judgment is available for this subject; the nearest authority is ss. 217 to 220 of the Code.
- No judgment is available for this subject; the nearest authority is s. 59(3)(b)(ii) of the Code and s. 247 of the Companies Act