New Delhi, May 21, 2025 — In a significant regulatory update aimed at improving the efficacy and clarity of India’s insolvency framework, the Insolvency and Bankruptcy Board of India (IBBI) has issued the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) (Amendment) Regulations, 2025.
Published in the Gazette of India on May 19, 2025, this amendment introduces a new provision—Regulation 17B—that outlines the procedural recourse when a debtor fails to submit a repayment plan under Section 105 of the Insolvency and Bankruptcy Code, 2016.
Key Highlights of the IBBI 2025 Amendment
Introduction of Regulation 17B
The newly inserted Regulation 17B provides clarity on what steps must be taken when no repayment plan is presented by the debtor. Specifically:
“Where no repayment plan has been prepared by the debtor under section 105 of the Code, the resolution professional shall file an application, with the approval of creditors, before the Adjudicating Authority intimating the non-submission of a repayment plan and seek appropriate directions.”
This amendment ensures that the insolvency process does not stagnate due to inaction by the debtor and empowers resolution professionals to move the matter forward judicially.
Effective Date
The amendment comes into force immediately, as per its publication in the Official Gazette on May 19, 2025.
Background: Strengthening the Insolvency Ecosystem
The original Insolvency Resolution Process for Personal Guarantors to Corporate Debtors Regulations, 2019, was first notified on November 20, 2019. These regulations were last amended in January 2024, prior to this latest update.
This 2025 amendment reinforces the legal framework ensuring time-bound and structured insolvency proceedings for personal guarantors—a critical stakeholder group in India’s corporate debt ecosystem.
Implications for Personal Guarantors and Resolution Professionals
- Resolution Professionals (RPs) gain procedural clarity on actions to be taken in cases of non-compliance.
- Creditors are better empowered to ensure that the insolvency process proceeds efficiently, with judicial oversight.
- Personal Guarantors must remain vigilant and proactive in submitting repayment plans, failing which judicial steps may be initiated.
Expert Commentary
According to insolvency experts, this amendment adds “teeth” to the Code’s framework by ensuring that resolution professionals are not left in procedural limbo.
“The insertion of Regulation 17B empowers professionals and creditors while reinforcing accountability for debtors. This is a timely and welcome move,” said a senior legal advisor at a Delhi-based insolvency law firm.
Conclusion
The IBBI 2025 amendment is a crucial step toward a more robust and responsive insolvency resolution process for personal guarantors. With increasing corporate debt stress and a growing emphasis on financial discipline, such regulations help maintain balance, efficiency, and fairness in India’s insolvency ecosystem.
Notification Details
Notification No. IBBI/2025-26/GN/REG125
Date: 19th May, 2025
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