HomeNotificationIBBI Tightens Insolvency Disclosure Norms in Fifth Amendment Regulations, 2025

IBBI Tightens Insolvency Disclosure Norms in Fifth Amendment Regulations, 2025

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Insolvency and Bankruptcy Board of India (IBBI) has notified the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Fifth Amendment) Regulations, 2025, bringing significant changes aimed at enhancing transparency and accountability in the corporate insolvency resolution process (CIRP).

The amendment mandates stricter disclosure of “avoidance transactions” and bars their post-facto inclusion in resolution plans unless previously disclosed. These changes amend the original 2016 regulations under the Insolvency and Bankruptcy Code (IBC), 2016.

Mandatory Disclosure of Avoidance Transactions:

Regulation 36(1) now includes the clause “and its subsequent updates thereof,” emphasizing continuous updates to the information memorandum after the insolvency commencement date.

A new clause (ha) under Regulation 36(2) requires disclosure of all identified avoidance transactions (such as preferential, undervalued, extortionate, or fraudulent transactions) and related filings before the Adjudicating Authority.

Restrictions on Assignments in Resolution Plans:

Regulation 38 has been amended to insert sub-regulation (2A), which prohibits the assignment of avoidance transactions or fraudulent/wrongful trading in resolution plans if:

(a) they were not disclosed in the information memorandum, and

(b) not communicated to prospective resolution applicants before the final submission deadline.

However, this restriction does not apply to resolution plans already submitted to the Adjudicating Authority before the commencement of the Fifth Amendment Regulations.

Notification Details

Notification No. : F. No. IBBI/2025-26/GN/REG128

Date: 04/07/2025

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

Latest articles

JURISHOUR | TAX LAW DAILY BULLETIN : 08 JULY, 2026

Here’s the Tax Law Daily Bulletin for July 08, 2026.GSTDGGI TO SUPPLY SEIZED DOCUMENTS...

Royalty Not Addable to Customs Value Unless It Is a Condition of Sale: CESTAT 

The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has...

Electricity Reimbursements Not Taxable: CESTAT Quashes Service Tax Demand on Back-to-Back Sub-Leasing

The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has...

Leasing Of Machinery Involving Transfer Of Possession And Effective Control Does Not Attract Service Tax: CESTAT

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chandigarh, has held that leasing...

More like this

JURISHOUR | TAX LAW DAILY BULLETIN : 08 JULY, 2026

Here’s the Tax Law Daily Bulletin for July 08, 2026.GSTDGGI TO SUPPLY SEIZED DOCUMENTS...

Royalty Not Addable to Customs Value Unless It Is a Condition of Sale: CESTAT 

The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has...

Electricity Reimbursements Not Taxable: CESTAT Quashes Service Tax Demand on Back-to-Back Sub-Leasing

The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has...