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TMI BlogInsolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations, 2018X X X X Extracts X X X X X X X X Extracts X X X X ..... ns further to amend the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, namely: - 1. (1) These regulations may be called the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations, 2018. (2) They shall come into force on 1st April, 2018. 2. In the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, (hereinafter referred to as the principal regulations), in regulation 3, in sub-regulation (1), in clause (c), in sub-clause (i), for the words "company secretaries", the words "secretarial auditors" shall be substituted. 3. In the principal regu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the principal regulations, in the Schedule, in Form A, for entries 8 and 9, the following entries shall be substituted, namely: - "8 NAME AND REGISTRATION NUMBER OF THE INSOLVENCY PROFESSIONAL ACTING AS INTERIM RESOLUTION PROFESSIONAL 9. ADDRESS AND E-MAIL OF THE INTERIM RESOLUTION PROFESSIONAL, AS REGISTERED WITH THE BOARD 10 ADDRESS AND E-MAIL TO BE USED FOR CORRESPONDENCE WITH THE INTERIM RESOLUTION PROFESSIONAL, IF DIFFERENT FROM THOSE GIVEN AT SL. NO. 9. 11. LAST DATE FOR SUBMISSION OF 8. In the principal regulations, in the Schedule, in Form B, for the Affidavit and Verification, the following shall respectively be substituted, namely: - "DECLARATION I, [Name of claimant], currently residing at [insert address], hereby decl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion shall be made by the director/manager/secretary and in the case of other entities, an officer authorised for the purpose by the entity]". 9. In the principal regulations, in the Schedule, in Form C,- (a) in the Table, in item 10, for the words "OPERATIONAL CREDITOR", the words "FINANCIAL CREDITOR" shall be substituted; (b) for the Affidavit and Verification, the following shall be substituted, namely: - "DECLARATION I, [Name of claimant], currently residing at [insert address], do hereby declare and state as follows: - 1. [Name of corporate debtor], the corporate debtor was, at the insolvency commencement date, being the……………..day of…………..20……., actual ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the entity]". 10. In the principal regulations, in the Schedule, in Form D, for the Affidavit and Verification, the following shall respectively be substituted, namely: - "DECLARATION I, [Name of claimant], currently residing at [insert address], do hereby declare and state as follows: - 1. [Name of corporate debtor], the corporate debtor was, at the insolvency commencement date, being the……………..day of…………..20……., actually indebted to me in the sum of Rs. [insert amount of claim]. 2. In respect of my claim of the said sum or any part thereof, I have relied on the documents specified below: [Please list the documents relied on as evidence of claim]. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the……………..day of…………..20……., actually indebted to me in the sum of Rs. [insert amount of claim]. 2. In respect of my claim of the said sum or any part thereof, I have relied on the documents specified below: [Please list the documents relied on as evidence of claim]. 3. The said documents are true, valid and genuine to the best of my knowledge, information and belief and no material facts have been concealed therefrom. 4. In respect of the said sum or any part thereof, neither I, nor any person, by my order, to my knowledge or belief, for my use, had or received any manner of satisfaction or security whatsoever, save and except the following: [Please st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order, to my knowledge or belief, for my use, had or received any manner of satisfaction or security whatsoever, save and except the following: [Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the creditor which may be set-off against the claim]. Date: Place: (Signature of the claimant) VERIFICATION I, [Name] the claimant hereinabove, do hereby verify that the contents of this proof of claim are true and correct to my knowledge and belief and no material fact has been concealed therefrom. Verified at … on this …… day of ………., 20… (Signature of claimant) [Note: In the case of company or limited liability partnership, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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