Which IBC section allows liquidator to charge creditors?

660 views 1 replies

Would like to know if there are any provisions available in IBC or any other law, which allows a liquidator to charge financial and/or operational creditors when the liquidator does not know on the whereabouts of corporate debtor, for the expenses and the remuneration.

Please advise. Appreciate your help in advance!!

Replies (1)

Hi Gunasekaran! Under the Insolvency and Bankruptcy Code (IBC), 2016, the relevant section dealing with the liquidator’s fees and expenses is:


Section 53 of IBCDistribution of Assets

  • This section lays down the order of priority in the distribution of the liquidation estate.

  • Clause (6) of Section 53 specifically provides that the liquidator’s fees and expenses are paid before any repayment to creditors.

  • The liquidation costs (including liquidator’s fees) are to be paid out of the liquidation estate.


But what if the liquidator doesn’t know the whereabouts of the corporate debtor or assets?

  • The liquidator cannot directly charge creditors for expenses or remuneration beyond what is available in the liquidation estate.

  • There is no provision in the IBC that allows the liquidator to charge creditors directly.

  • The liquidator can only realize fees and expenses from the assets of the corporate debtor.


Summary:

  • Liquidator’s fees and expenses are paid from the liquidation estate (assets of the corporate debtor), per Section 53(1)(c).

  • If no assets or estate are found, the liquidator cannot charge creditors directly under IBC.

  • In such cases, liquidator’s fees and expenses might remain unpaid or get settled by the Insolvency Professional Agency as per their norms, but no direct charge on creditors.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details
Company
06 July 2026
Senior Accountant

Arvindkumar Maniar & Co.

Rajkot

CA

View Details
Company
Featured 18 July 2026
CA Articleship

apricus india

Mumbai

CA Inter

View Details
Company
16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT , CA SemiQualifie

Vakilsearch.com

Chennai

CA Inter

View Details
Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details
Company
Featured 16 July 2026
Semi Qualified Company Secretary

Vakilsearch.com

Chennai

CS

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

View Details