Regulation 34 - Fair value and Liquidation value. - Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017

CHAPTER X RESOLUTION PLAN 3 [Fair value and Liquidation value. 34. (1) The registered valuer appointed under regulation 26 shall submit to the resolution professional an estimate of the fair value and of the liquidation value computed in accordance with internationally accepted valuation standards, after physical verification of the inventory and fixed assets of the corporate debtor. (2) After the receipt of resolution plans in accordance with the Code and these regulations, the resolution professional shall provide the fair value and the liquidation value to every member of the committee in electronic form, on receiving an undertaking from the member to the effect that such member shall maintain confidentiality of the fair value and the liquidation value and shall not use such values to cause an undue gain or undue loss to itself or any other person and comply with the requirements under sub-section (2) of the section 29. (3) The resolution professional and registered valuer shall maintain the confidentiality of the fair value and the liquidation value.] ******************** Notes:- 1. Substituted vide Notification No. IBBI/2017-18/GN/REG23 Dated 31-12-2017, before it was read as, (3) The resolution professional shall provide the liquidation value to the committee in electronic form. 2. Inserted vide Notification No. IBBI/2017-18/GN/REG23 Dated 31-12-2017 3. Substituted vide Notification No. IBBI/2017-18/GN/REG/025 - Dated 07-02-2018 , before it was read as, Liquidation value 34. (1) Liquidation value is the estimated realizable value of the assets of the corporate debtor if the corporate debtor were to be liquidated on the fast track commencement date. (2) The registered valuer appointed under Regulation 26 shall submit to the interim resolution professional or the resolution professional, as the case may be, an estimate of the liquidation value computed in accordance with internationally accepted valuation standards, after physical verification of the inventory and fixed assets of the corporate debtor. 1 [(3) After the receipt of resolution plans in accordance with the Code and these regulations, the resolution professional shall provide the liquidation value to every member of the committee in electronic form, on receiving an undertaking from the member to the effect that such member shall maintain confidentiality of the liquidation value and shall not use such value to cause an undue gain or undue loss to itself or any other person and comply with the requirements under sub-section (2) of section 29.] 2 [(4) Subject to sub-regulation (3), the interim resolution professional or the resolution professional, as the case may be, shall maintain the confidentiality of the liquidation value.]