Providing copy of application to the Board, as mandated under Rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019.

Insolvency and Bankruptcy Board of India
7th Floor, Mayur Bhawan, Connaught Place, New Delhi-110001

CIRCULAR

No. IBBI/II/39/2021 

 2nd February, 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,

Sub: Providing copy of application to the Board, as mandated under Rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019.

Rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 mandates an applicant to provide a copy of the application filed under sub-section (1) of section 94 or sub-section (1) of section 95 of the Insolvency and Bankruptcy Code, 2016 (Code) for initiation for insolvency resolution process of a personal guarantor to a corporate debtor, inter alia, to the Board for its record.

2. For convenience of applicants, the Board has made available a facility on its website at https://ibbi.gov.in/intimation-applications/iaaa-personal-one for providing a copy of the application online to the Board. The format for submission is at Annexure A. A step-by-step guide for submission of the application is at Annexure B. On submission of the application online, the applicant shall get an acknowledgement. The applicants are encouraged to avail of this facility.

3. This is issued in exercise of the powers under clause (k) of sub-section (1) of section 196 of the Code.

Yours faithfully,

-Sd-
(Sushanta Kumar Das) Deputy General Manager
Email: [email protected]

Encl.: Annexure A & B

Copy to: Registrars of all Benches of the National Company Law Tribunal and Debt Recovery Tribunal.

Annexure A
Format for Providing a Copy of Application for Initiation of Insolvency Resolution
Process of Personal Guarantors

Details of Application
Application by Guarantor / Creditor(s) (Radio Button)
Application under Section 94 / Section 95 (Radio Button)
Application to be filed at NCLT / DRT (Radio Button)
If NCLT List of NCLT Benches…….by dropdown
If DRT List of DRT Benches………by dropdown
Application filed on

IF RADIO BUTTON 94 IS SELECTED
Details of Applicant
Name
DIN / PAN / AADHAAR
Mobile No.
E-mail
Residential Address
Address for Correspondence
Details of the Creditor, who has invoked the Personal Guarantee
Name of the Creditor
Individual/Body Corporate

If Individual

If Body Corporate

Individual / Body Corporate [Radio Button]

DIN / PAN / AADHAAR

CIN / LLPIN

Mobile Number of the Creditor
E-mail
Residential / Registered Address
Address for Correspondence
Amount of Default for which the Guarantee has been invoked
Total Number of Creditors
Total Amount of Debt

IF RADIO BUTTON 95 IS SELECTED
Details of Applicant / First Applicant
Name
Individual/Body Corporate

If Individual

If Body Corporate

Individual / Body Corporate [Radio Button]

DIN / PAN / AADHAAR

CIN / LLPIN

Mobile Number
E-mail
Residential / Registered Address
Address for Correspondence
Date of Demand Notice
Amount of Default for which the Guarantee has been invoked
Number of Applicants, other than the First Applicant (If submitted by more than one applicant)
Total Amount of Debt, if known

Details of Personal Guarantor against whom IRP is to be initiated
Name
DIN / PAN / AADHAAR
Mobile No.
E-mail
Residential Address
Address for Correspondence

Details of Corporate Debtor to whom the guarantor has extended personal guarantee
Name
CIN / LLPIN
Registered Address
Whether CIRP has been initiated against the Corporate Debtor Yes / No [Radio Button]
Stage of the CIRP 1.    Application for CIRP filed

2.    CIRP going on

3.    Resolution Plan Approved

4.    Liquidation going on

5.    Corporate Debtor Dissolved

Date of Commencement of CIRP
Date of Commencement of Liquidation

Details of Resolution Professional
Name of IP
PAN
Mobile No.
E-mail
IBBI Registration No.
Address for Correspondence
Whether application is filed through the RP Yes / No
Whether name of the RP is proposed in the application Yes / No
Date of Consent to act as RP

Details of Authorised Representative who is filing the application
Name
DIN / PAN / AADHAAR
Mobile No.
E-mail
Residential Address
Address for Correspondence

Document Upload
Copy of Application Upload Upload the pdf file only
Date: Place:

Submit with OTP

Annexure B
Step-by-step guide to fill the format

1. Scan the copy of the application with all Annexures in a .pdf If required, please compress the pdf size up to 20 MB.

2. Click on link: https://ibbi.gov.in/intimation-applications/iaaa-personal-one

3. Fill the information, as prompted.

4. Once the information is filled, kindly double-check all the details filled in the Form.

5. Attach the copy of the application in pdf in the option provided below.

6. Thereafter, click the submit button and an “ACKNOWLEDGMENT ID” will be generated.

7. This “ACKNOWLEDGMENT ID” shall also be used for all references with the Board.

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