Insolvency and Bankruptcy Board of India
7th Floor, Mayur Bhawan, Connaught Place, New Delhi-110001
CIRCULAR
No. IBBI/II/39/2021
2nd February, 2021
To
All Registered Insolvency Professionals
All Recognised Insolvency Professional Entities
All Registered Insolvency Professional Agencies
(By mail to registered email addresses and on website of the IBBI)
Dear Madam / Sir,
Sub: Providing copy of application to the Board, as mandated under Rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019.
Rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 mandates an applicant to provide a copy of the application filed under sub-section (1) of section 94 or sub-section (1) of section 95 of the Insolvency and Bankruptcy Code, 2016 (Code) for initiation for insolvency resolution process of a personal guarantor to a corporate debtor, inter alia, to the Board for its record.
2. For convenience of applicants, the Board has made available a facility on its website at https://ibbi.gov.in/intimation-applications/iaaa-personal-one for providing a copy of the application online to the Board. The format for submission is at Annexure A. A step-by-step guide for submission of the application is at Annexure B. On submission of the application online, the applicant shall get an acknowledgement. The applicants are encouraged to avail of this facility.
3. This is issued in exercise of the powers under clause (k) of sub-section (1) of section 196 of the Code.
Yours faithfully,
-Sd-
(Sushanta Kumar Das) Deputy General Manager
Email: das.sushanta@ibbi.gov.in
Encl.: Annexure A & B
Copy to: Registrars of all Benches of the National Company Law Tribunal and Debt Recovery Tribunal.
Annexure A
Format for Providing a Copy of Application for Initiation of Insolvency Resolution
Process of Personal Guarantors
| Details of Application | ||
| Application by | Guarantor / Creditor(s) (Radio Button) | |
| Application under | Section 94 / Section 95 (Radio Button) | |
| Application to be filed at | NCLT / DRT (Radio Button) | |
| If NCLT | List of NCLT Benches…….by dropdown | |
| If DRT | List of DRT Benches………by dropdown | |
| Application filed on | ||
| IF RADIO BUTTON 94 IS SELECTED | |
| Details of Applicant | |
| Name | |
| DIN / PAN / AADHAAR | |
| Mobile No. | |
| Residential Address | |
| Address for Correspondence | |
| Details of the Creditor, who has invoked the Personal Guarantee | |
| Name of the Creditor | |
| Individual/Body Corporate
If Individual If Body Corporate |
Individual / Body Corporate [Radio Button]
DIN / PAN / AADHAAR CIN / LLPIN |
| Mobile Number of the Creditor | |
| Residential / Registered Address | |
| Address for Correspondence | |
| Amount of Default for which the Guarantee has been invoked | ₹ |
| Total Number of Creditors | |
| Total Amount of Debt | ₹ |
| IF RADIO BUTTON 95 IS SELECTED | |
| Details of Applicant / First Applicant | |
| Name | |
| Individual/Body Corporate
If Individual If Body Corporate |
Individual / Body Corporate [Radio Button]
DIN / PAN / AADHAAR CIN / LLPIN |
| Mobile Number | |
| Residential / Registered Address | |
| Address for Correspondence | |
| Date of Demand Notice | |
| Amount of Default for which the Guarantee has been invoked | ₹ |
| Number of Applicants, other than the First Applicant (If submitted by more than one applicant) | |
| Total Amount of Debt, if known | ₹ |
| Details of Personal Guarantor against whom IRP is to be initiated | |
| Name | |
| DIN / PAN / AADHAAR | |
| Mobile No. | |
| Residential Address | |
| Address for Correspondence | |
| Details of Corporate Debtor to whom the guarantor has extended personal guarantee | |
| Name | |
| CIN / LLPIN | |
| Registered Address | |
| Whether CIRP has been initiated against the Corporate Debtor | Yes / No [Radio Button] |
| Stage of the CIRP | 1. Application for CIRP filed
2. CIRP going on 3. Resolution Plan Approved 4. Liquidation going on 5. Corporate Debtor Dissolved |
| Date of Commencement of CIRP | |
| Date of Commencement of Liquidation | |
| Details of Resolution Professional | |
| Name of IP | |
| PAN | |
| Mobile No. | |
| IBBI Registration No. | |
| Address for Correspondence | |
| Whether application is filed through the RP | Yes / No |
| Whether name of the RP is proposed in the application | Yes / No |
| Date of Consent to act as RP | |
| Details of Authorised Representative who is filing the application | |
| Name | |
| DIN / PAN / AADHAAR | |
| Mobile No. | |
| Residential Address | |
| Address for Correspondence | |
| Document Upload | |
| Copy of Application Upload | Upload the pdf file only |
| Date: | Place: |
Submit with OTP
Annexure B
Step-by-step guide to fill the format
1. Scan the copy of the application with all Annexures in a .pdf If required, please compress the pdf size up to 20 MB.
2. Click on link: https://ibbi.gov.in/intimation-applications/iaaa-personal-one
3. Fill the information, as prompted.
4. Once the information is filled, kindly double-check all the details filled in the Form.
5. Attach the copy of the application in pdf in the option provided below.
6. Thereafter, click the submit button and an “ACKNOWLEDGMENT ID” will be generated.
7. This “ACKNOWLEDGMENT ID” shall also be used for all references with the Board.
CAclubindia
Guest
Notification No : IBBI/II/39/2021Published in Corporate Law
Source : https://www.ibbi.gov.in/uploads/legalframwork/8d38ca4dc37264636b22daa2a3c637ba.pdf