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of Electronics and Information Technology provides that any personal identifiable data including Aadhaar should not be published in public domain.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: nitish.saini87@gov.in
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
|
Amount of contingent claims |
Amount
|
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
|
Amount of
|
Remarks, if any |
|||||||
Date of receipt |
Amount claimed |
Amount of claim a dmitted |
Nature ofclaim |
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
|
Details of claim admitted |
Amount of contingent claim |
Amount of a ny mutual dues, that may be set off |
Amount
|
Amount of
|
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
|
Amount of
|
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 ofclaim |
% 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
|
Amount of
|
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
|
Amount of claim under verification |
Remarks, if any |
||||||
Department |
Government |
Date of receipt |
Amount claimed |
Amount
|
Nature ofclaim |
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
|
Amount of
|
Remarks, if any |
||||||
Date of receipt |
Amount claimed |
Amount
|
Nature ofclaim |
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
|
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 |
||||||||
