IBBI (Information Utilities) (Amendment) Regulations, 2020


Quick Summary
The Insolvency and Bankruptcy Board of India has issued the IBBI (Information Utilities) (Amendment) Regulations, 2020. These amendments, effective from their publication date, introduce a definition for 'financial information' related to public announcements. Additionally, a new regulation mandates that information utilities must disseminate public announcements to their registered users who are creditors of a corporate debtor undergoing insolvency proceedings on the same day they receive or access them.

INSOLVENCY AND BANKRUPTCY BOARD OF INDIA
NOTIFICATION

New Delhi, the 13th day of November, 2020

Insolvency and Bankruptcy Board of India (Information Utilities) (Amendment) Regulations, 2020.

No. IBBI/2020-21/GN/REG065. - In exercise of the powers conferred by section 196 read with section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Insolvency and Bankruptcy Board of India hereby makes the following regulations further to amend the Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017, namely:-

1. (1) These regulations may be called the Insolvency and Bankruptcy Board of India (Information Utilities) (Amendment) Regulations, 2020.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017, (hereinafter referred to as the principal regulations), in regulation 2, in sub-regulation (1), after clause (d), the following clause shall be inserted, namely:-

‘(da) “financial information” means any public announcement made under the Code, for the purposes of sub-clause (f) of clause (13) of section 3;’.

3. In the principal regulations, after regulation 21, the following regulation shall be inserted, namely: –

21A. Dissemination of public announcement.

An information utility shall disseminate every public announcement it receives or has access to, on the date of its receipt or access, as the case may be, to its registered users, who are creditors of the corporate debtor undergoing insolvency proceeding under the Code.”.

Dr. M. S. SAHOO, Chairperson
[ADVT.- ____]

Note: The Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017 were published vide notification No. IBBI/2016-17/GN/REG009 dated 31st March, 2017 in the Gazette of India, Extraordinary, Part III, Section 4, No. 129 on 31st March, 2017 and were last amended by the Insolvency and Bankruptcy Board of India (Information Utilities) (Amendment) Regulations, 2019 published vide notification No. IBBI/2019-20/GN/REG046, dated the 25th July, 2019 in the Gazette of India, Extraordinary, Part III, Section 4, No.266 on 25th July, 2019.

FAQ :

These are amendments made by the Insolvency and Bankruptcy Board of India to the existing Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017.

They came into force on the date of their publication in the Official Gazette.

A new definition for 'financial information' has been inserted, which means any public announcement made under the Code for the purposes of sub-clause (f) of clause (13) of section 3.

Information utilities are now required to disseminate every public announcement they receive or have access to, on the date of its receipt or access, to their registered users who are creditors of the corporate debtor undergoing insolvency proceedings.

The purpose is to inform registered users who are creditors of a corporate debtor undergoing insolvency proceedings about public announcements received or accessed by the information utility.

 

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