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Liquidation Valuation

CS Nitin Mehta > Liquidation Valuation

Provisions Under The Insolvency And Bankruptcy Code, 2016 And The Regulations, Which Requires Valuation Report From A Registered Valuer

Sr. No.

Section / Regulation

Particulars

Details

01

Section 59(3)(b)(ii) of the Insolvency and Bankruptcy Code, 2016

Voluntary liquidation of corporate persons

Where a proposal for Voluntary winding-up has been made by a Company, the Declaration of Insolvency given by Directors shall be accompanied by the Valuation report issued by Registered Valuer.

02

Section 46(2) of the Insolvency and Bankruptcy Code, 2016

The relevant period for avoidable transactions

In an application for avoiding a transaction at undervalue, The Adjudicating Authority may require an independent expert to assess evidence relating to the value of the transactions.

03

Regulation 27 read with regulation 35 of the theIBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016

Appointment of registered valuers;

Fair value and liquidation value

The interim resolution professional shall within seven days of his appointment, appoint two registered valuers to determine the liquidation value of the corporate debtor in accordance with Regulation 35.

The resolution professional shall within 33[ seven days of his appointment, but not later than forty-seventh day from the insolvency commencement date], appoint two registered valuers to determine the fair value and the liquidation value of the corporate debtor in accordance with regulation 35

04

Regulation 35 of the IBBI (Liquidation Process) Regulations, 2016

Valuation of assets intended to be sold

The assets to be sold by the liquidator shall be valued by the Registered Valuer.

05

Regulation 3(1)(b)(ii) of the IBBI (Voluntary Liquidation Process) Regulations, 2017

Initiation of liquidation

The Declaration of Insolvency given by Directors shall be accompanied by the Valuation report issued by Registered Valuer.

06

Regulation 26 of the IBBI (Fast Track Insolvency  Resolution Process for Corporate Persons)  Regulations, 2017

Appointment of registered valuer

The resolution professional shall within seven days of his appointment, appoint one registered valuer to determine the fair value and the liquidation value of the corporate debtor in accordance with Regulation 34.

 

07

Regulation 34 of the IBBI (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017

Fair value and liquidation value

The registered valuer appointed under regulation 26 shall submit to the resolution professional an estimate of the fair value and Liquidation value.

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