IBBI

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
Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

“Thunaivan” Trade Facilitation Portal Inaugurated at Tiruppur to Boost Exporters’ Ease of Business

In a significant move to enhance trade facilitation and streamline export procedures,…

CBIC Extends Export Benefits For Exports Made Through Courier Mode

The Central Board of Indirect Taxes and Customs (CBIC) has issued a…

Cashew Trade Fraud Probe: Kerala ED Officer Accused of Bribery, Clash with State Vigilance

Tensions have escalated between the Enforcement Directorate (ED) and the Kerala Vigilance…

Appeal Has To Be Pending As On 22 July 2024 For Taxpayer To Opt For DTVSV Scheme : CBDT 

The Central Board of Direct Taxes (CBDT) while issuing the guidelines stated…