βFrequently Asked Questions on CIRP & Insolvency
General Questions
1. What is the Corporate Insolvency Resolution Process (CIRP)?
CIRP is a structured legal process under the Insolvency and Bankruptcy Code (IBC), 2016, where a financially distressed company is either resolved through a new resolution plan or liquidated, within a time-bound framework of 180 to 330 days.
2. Who can initiate CIRP?
CIRP can be initiated by:
- Corporate Debtor itself under Section 10
- Financial Creditors under Section 7
- Operational Creditors under Section 9
3. What is the role of the National Company Law Tribunal (NCLT)?
NCLT is the adjudicating authority that admits CIRP applications, appoints Interim Resolution Professionals, approves resolution plans, and passes liquidation orders.
Parties Involved
4. Who is the Interim Resolution Professional (IRP)?
4. Who is the Interim Resolution Professional (IRP)?
The IRP is appointed by NCLT to take control of the corporate debtorβs management, verify claims, form the Committee of Creditors (CoC), and manage day-to-day affairs during the initial phase.
5. What is the Committee of Creditors (CoC)?
CoC is a body of financial creditors formed by the IRP, which makes key decisions regarding the continuation of CIRP, approval of resolution plans, or moving to liquidation.
6. What is a Resolution Applicant?
A resolution applicant is any person (including individuals or companies) who submits a resolution plan for the revival of the corporate debtor during CIRP.
Process Details
7. What are the timelines involved in CIRP?
7. What are the timelines involved in CIRP?
- Admittance to CIRP: Within 14 days
- Appointment of IRP: Within 14 days from admission
- Claims Verification & CoC Formation: Within 30 days
- Resolution Plan Submission: Within 90-180 days
- Maximum Timeline (with extension): 330 days total
8. What happens during the moratorium period?
Once CIRP is initiated, a moratorium is declared under Section 14 of IBC. All legal proceedings, recovery actions, and enforcement of security interest are stayed.
9. What happens if no resolution plan is approved?
If no viable resolution plan is approved within the prescribed time, the company moves into liquidation
Claims & Creditors
10. How can creditors file their claims?
10. How can creditors file their claims?
Creditors must submit their claims using prescribed forms:
- Form B β for operational creditors
- Form C β for financial creditors
- Form CA β for financial creditors in class
- Form D β for employees and workmen
- Forms must be submitted to the IRP/RP within the stipulated period from the commencement of CIRP.
11. How is the voting share of creditors determined?
Voting shares are based on the financial value of claims admitted by the IRP/RP. Financial creditors have voting power proportionate to their admitted debt.
12. Can operational creditors be part of the CoC?
No, only financial creditors are part of the CoC. However, operational creditors can attend meetings (without voting rights) if their aggregate dues are more than 10% of the total debt.
Resolution Plan & Liquidation
13. What does a Resolution Plan include?
13. What does a Resolution Plan include?
A resolution plan typically includes:
- Debt restructuring proposals
- Repayment timelines
- Operational changes
- Proposed management or acquisition terms
14. Who approves the Resolution Plan?
The CoC approves the plan by a vote of at least 66% of voting shares, after which it is submitted to NCLT for final approval.
15. What is liquidation under IBC?
Liquidation is the process of selling off the assets of the corporate debtor to pay off creditors, in a priority defined under the IBC waterfall mechanism.
Legal & Compliance
16. What are CIRP Forms used for?
16. What are CIRP Forms used for?
CIRP forms like CIRP-1 to CIRP-8, VL-1, LIQ-1, etc., are used for regular reporting and compliance by IRPs/RPs/Liquidators to the IBBI and NCLT.
17. Is CIRP applicable to personal guarantors and partnerships?
CIRP primarily applies to corporate entities, but provisions also exist for insolvency of personal guarantors, proprietorships, and partnerships under different IBC chapters.
18. What penalties apply for non-cooperation during CIRP?
Non-cooperation by directors, promoters, or management during CIRP can result in penalties and even criminal prosecution under IBC Sections 70β75.
Support & Advisory
19. Can Corp Legus assist with filing and compliance?
19. Can Corp Legus assist with filing and compliance?
Absolutely. We assist financial and operational creditors, corporate debtors, and insolvency professionals with:
- Compliance with all IBC filings and documentation
- Filing CIRP applications
- Preparing resolution plans
- Legal representation before NCLT/NCLAT
20. How can I consult your team for a CIRP matter?
You can contact us via our Contact Page, email us at contact@corplegus.com, or call us directly. We offer free initial consultations and complete legal support through the insolvency journey.