IBBI clarifies on issues in Filing of list of stakeholders under clause (d) of sub-regulation (5) of regulation 31 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016.

Insolvency and Bankruptcy Board of India

7th Floor, Mayur Bhawan, Connaught Place, New Delhi 110001

CIRCULAR

No. IBBI/LIQ/46/2021

24th November, 2021

To

All Registered Insolvency Professionals
All Recognised Insolvency Professional Entities
All Registered Insolvency Professional Agencies
(By mail to registered email addresses and on website of the IBBI)

Dear Madam / Sir,

Subject: Filing of list of stakeholders under clause (d) of sub-regulation (5) of regulation 31 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016

In pursuance of clause (d) of sub-regulation (5) of regulation 31 of the IBBI (Liquidation Process) Regulations, 2016 (‘Liquidation Process Regulations’) requiring the liquidator to file list of stakeholders on the electronic platform of the Board for dissemination on its website, the Board had issued the Circular No. IBBI/LIQ/40/2021 dated 04th March 2021 directing the liquidators to file the list of stakeholders and modification thereof, in the stipulated format, on the electronic platform, www.ibbi.gov.in.

2. In the said format, the particular / column “Identification No.” for seeking identification details of stakeholders is mentioned. It has come to notice that in few instances, the details such as Aadhaar, PAN card, etc., are being filled therein. Such information being sensitive personal information is prone to misuse and not to be revealed on public platforms. The ‘General Guidelines for securing Identity information and Sensitive personal data or information in compliance to Aadhaar Act, 2016 and Information Technology Act, 2000’ issued by Ministry of Electronics and Information Technology provides that any personal identifiable data including Aadhaar should not be published in public domain.

3. To address this problem, this Circular in partial modification of the Circular under reference, removes the column “Identification No.” from the particulars of the format stipulated therein. The insolvency professionals are directed to file the list of stakeholders of the respective corporate debtor under liquidation and modification thereof, in the revised format placed in Annexure, within three days of the preparation of the list or modification thereof, as the case may be. The rest of the contents of the above said Circular shall remain same.

4. This Circular is issued in exercise of the powers under clause (aa) of sub-section (1) of section 196 of the Insolvency and Bankruptcy Code, 2016.

Yours sincerely,
Sd/-
(Nitish Saini)
Assistant General Manager
Tel: 011-2346 2834
Email: [email protected]

Encl: As above.

Annexure

Filing under clause (d) of sub-regulation (5) of regulation 31 of the IBBI (Liquidation Process) Regulations, 2016

Name of the corporate debtor: ………………… ; Date of commencement of liquidation: …………………… ; List of stakeholders as on:…………………………………

(Amount in ₹)

Sl. No.
Category of stakeholders
Summary of claims received
Summary of claims
admitted
Amount of contingent claims
Amount
of claims
rejected
Amount of claims under verification
Details in Annexure
Remark, if any
No. of claims
Amount
No. of claims
Amount
1
Unpaid insolvency resolution process costs
NA
2
Liquidation costs incurred till date
NA
3
Secured financial creditors
1
4
Unsecured financial creditors
2
5
Operational creditors (Workmen)
3
6
Operational creditors (Employees)
4
7
Operational creditors (Government Dues)
5
8
Operational creditors (other than Workmen, Employees and Government Dues)
6
9
Other stakeholders, if any (other than financial creditors and operational creditors)
7
Total

Annexure-1

Name of the corporate debtor: ………………………. ; Date of commencement of liquidation: …………………….. ; List of stakeholders as on:

List of secured financial creditors

(Amount in ₹)

Sl. No.
Name of creditor
Details of claim received
Details of claim admitted
Amount of contingent claim
Amount of any mutual dues, that may be set off
Amount
of claim
rejected
Amount of
claim under
verification
Remarks, if any
Date of receipt
Amount claimed
Amount of claim a dmitted
Nature of
claim
Amount covered by security interest
Whether security interest relinquished? (Yes/No)
Details of Security Interest
Amount covered by guarantee
% share in total amount of claims admitted

Annexure-2

Name of the corporate debtor: …………………….. ; Date of commencement of liquidation: …………………… ; List of stakeholders as on: …………………………………………

List of unsecured financial creditors

(Amount in ₹)

Sl. No.
Name of creditor
Details of claim
received
Details of claim admitted
Amount of contingent claim
Amount of a ny mutual dues, that may be set off
Amount
of claim
rejected
Amount of
claim under
verification
Remarks, if any
Date of receipt
Amount claimed
Amount of claim admitted
Nature of claim
Amount covered by guarantee
% share in total amount of claims admitted

Annexure-3

Name of the corporate debtor: …………………………………….. ; Date of commencement of liquidation: ……………………… ; List of stakeholders as on:

List of operational creditors (Workmen)

(Amount in ₹)

Sl. No.
Name of authorised representative, if any
Name of workman
Details of claim received
Details of claim admitted
Amount of contingent claim
Amount of any mutual dues, that may be set off
Amount
of claim
rejected
Amount of
claim under
verification
Remarks, if any
Date of receipt
Amount claimed
Total amount of claim admitted
Amount of claim for the period of twenty-four months preceding the liquidation commencement date
Nature of
claim
% share in total amount of claims admitted

Annexure-4

Name of the corporate debtor: ……………………………… ; Date of commencement of liquidation: …………………………. ; List of stakeholders as on: ………………………………………………………….  

List of operational creditors (Employees)

(Amount in ₹)

Sl. No.
Name of authorised representative, if any
Name of employee
Details of claim received
Details of claim admitted
Amount of contingent claim
Amount of any mutual dues, that may be set off
Amount
of claim
rejected
Amount of
claim under
verification
Remarks, if any
Date of receipt
Amount claimed
Total am ount of claim admitted
Amount of claim for the period of twelve months preceding the liquidation commencement date
Nature of claim
% share in total amount of claims admitted

Annexure-5

Name of the corporate debtor: ……………….. ; Date of commencement of liquidation: …………………… ; List of stakeholders as on: ………………………………………….

List of operational creditors (Government Dues)

(Amount in ₹)

Sl. No.
Details of Claimant
Details of claim received
Details of claim admitted
Amount of contingent claim
Amount of any mutual dues, that may be set off
Amount
of claim
rejected
Amount of claim under verification
Remarks, if any
Department
Government
Date of receipt
Amount claimed
Amount
of claim
admitted
Nature of
claim
Amount covered by lien or attachment pending disposal
Whether lien / attachment removed? (Yes/No)
% share in total amount of claims admitted

Annexure-6

Name of the corporate debtor: ……………………… ; Date of commencement of liquidation: …………………….. ; List of stakeholders as on:

List of operational creditors (other than Workmen, Employees and Government Dues)

(Amount in ₹)

Sl. No.
Name of creditor
Details of claim received
Details of claim admitted
Amount of contingent claim
Amount of any mutual dues, that may be set off
Amount
of claim
rejected
Amount of
claim under
verification
Remarks, if any
Date of receipt
Amount claimed
Amount
of claim
admitted
Nature of
claim
Amount covered by lien or attachment pending disposal
Whether lien / attachment removed? (Yes/No)
Amount covered by guarantee
% share in total amount of claims admitted

Annexure-7

Name of the corporate debtor: ……………………………. ; Date of commencement of liquidation:………… ; List of stakeholders as on:…………………

List of other stakeholders, if any (other than financial creditors and operational creditors)

(Amount in ₹)

Sl. No.
Name of stakeholder
Category of stakeholders ( preference shareholders / equity shareholders / partners / others)
Details of claim received
Details of claim admitted
Amount of contingent claim
Amount of any mutual dues, that may be set off
Amount of claim rejected
Amount of
claim under
verification
Remarks, if any
Date of receipt
Amount claimed
Amount of claim admitte d
Nature of claim
Amount covered by lien or attachment pending disposal
Whether lien / attachment removed? (Yes/No)
Amount covered by guarantee
% share in total amount of claims admitted

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