Page 21 - Quick Insights Book 2022
P. 21

3       Insolvency Professional


          One of the most remarkable changes in the present body of
          Indian jurisprudence has been the recent transition from a
          fragmented legal system dealing with the commercial demise
          of enterprises to a unified Insolvency and Bankruptcy Code in
          2016 (IBC). This has opened a big window of new opportunity
          of Chartered Accountants as an Insolvency Professional.

          The implementation framework of this Code rests on four
          Pillars, viz.,

              Insolvency Regulator

              Insolvency Professional

              Adjudicating Authority, and

              Information Utility

          Chartered Accountants contribute to the bulk of the Insolvency
          Professionals (IPs) with their experience derived out of
          wide-ranging  engagements  from  Finance  to Advisory  and
          Management to Audit available to them.

          These professionals are duly enrolled by Insolvency
          Professional Agencies (IPAs) and registered for licensing
          with the regulatory body, i.e., the Insolvency and Bankruptcy
          Board of India (IBBI).  The code clearly specifies functions
          and obligations of the Insolvency Professionals. Where any
          insolvency  resolution,  liquidation  or  bankruptcy  process  has
          been initiated, only an Insolvency Professionals shall be
          authorized  to  take  such  actions  as  may  be  necessary  in  the
          manner provided in the Code.

          The functions and responsibilities of the IPs include:

              Managing multiple locations of registered/corporate &        Insolvency
               branch offices and operating units,
              Making over of the management of the company, control      Professional
               and custody of the assets of the corporate debtor,

              Receiving and processing claims
              Tackle legal issues, including proceedings in National
               Company Law Tribunal (NCLT),
              Prepare periodic reports for NCLT & Committee of
               Creditors (CoC),
              Identify prospective resolution applicants,
              Provide data rooms, get due diligence organised,
               evaluate Resolution Proposals,






            8                                                Quick Insights   on   Professional Opportunities for Chartered Accountants
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