Insolvency Resolution Process for Corporate Persons

Insolvency and Bankruptcy Board of India hereby makes the following regulations further to amend Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons), Regulation 2016.

1Notification Date13/09/2022
2Subject

Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Third Amendment) Regulations, 2022

 

3Brief description

IBBI prescribes minimum fees and performance incentive for Interim Resolution Professionals(IRPs)/ Resolution Professionals(RPs) under CIRP Regulations. IBBI has notified the defined fee structure payable to IRPs and RPs who are appointed on or after 1st October 2022.

 

4

Additional information

 

1. Minimum fixed fee payable every month:

Based on the quantum of claims admitted, starting from Rs. 1 lakh to a maximum of Rs. 5 lakhs. This shall be paid till such period as prescribed in the schedule. The Corporate Debtor or the committee may also decide to fix higher amount of fee for the  reasons to be recorded, taking into consideration market factors such as size and scale of business operations etc.

2. Performance linked incentive:

a) performance-linked incentive for timely submission of the resolution plan, which may range from 0.50% to 1% of the realizable value;

b) performance-linked incentive fee for value maximization, in cases where the realizable value is more than the liquidation value and a sum of 1% on the difference shall be paid as the incentive towards value maximization.

c)It is to be noted that the performance-linked incentive shall not exceed Rs 5 Crores.

Complete circular attached here

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