Insolvency Quiz

Sale of invoice on non-recourse basis

Corporate Guarantee

Indemnity

Acceptance Credit Facility

No, the OC need not wait for any period prior to filing an application before the NCLT to initiate CIRP against a Corporate Debtor.

Yes, the OC must wait for 10 days after delivery of notice or invoice demanding payment of the unpaid amount by Corporate Debtor under section 8 of the IBC, 2016

Yes, the OC must wait for 15 days after delivery of notice or invoice demanding payment of the unpaid amount by Corporate Debtor under section 8 of the IBC, 2016

Yes, the OC must wait for 60 days after delivery of notice or invoice demanding payment of the unpaid amount by Corporate Debtor under section 8 of the IBC, 2016

No, as per Pioneer Urban Land and Infrastructure Limited and Anr. Vs. Union of India & Ors. [WP (C) No. 43/2019 and other petitions]

Yes, as per Manish Kumar Vs. Union of India & Ors. [WP(C) No. 26 of 2020 with 40 other writ petitions]

Yes, as per Dharani Sugars and Chemicals Ltd. Vs. Union of India & Ors. [Transferred Case (Civil) No. 66 of 2018 in Transfer Petition (Civil) No. 1399 of 2018 with several Writ Petitions and Transferred Cases and an SLP]

No, as per Hindustan Construction Company Ltd. Vs. Union of India & Ors. [WP Civil No. 1074 of 2019 with other Civil Appeals]

A partnership firm in which the relative of the director of the corporate debtor is a partner

Relative of a director of the corporate debtor

Relative of the director of a creditor of a corporate debtor

An LLP that provides legal services on the instructions of the director of a corporate debtor

100 allottees or 10% of the total allottees of the same real-estate project, whichever is less;

100 allottees of any real-estate project being promoted by the real-estate developer;

No minimum number of allottees is prescribed under section 7 of the Insolvency and Bankruptcy Code, 2016.

10 allottees or 10% of the total allottees of any real estate project promoted by the real-estate developer, whichever is less;

A person released from prison 5 years prior to making such resolution application

An undischarged insolvent

A person not qualified to be a director under the Companies Act, 2013

A wilful defaulter

66

90

75

50

For the duration of the insolvency resolution process

Until the time the NCLT confirms the appointment of the resolution professional after receiving the confirmation from the IBBI

For 7 days after the commencement of the insolvency resolution process

For 47 days after the commencement of the insolvency resolution process

When the Resolution Professional is appointed under section 22 of the IBC, 2016

When the defaults of a Corporate Debtor amount to the minimum limit prescribed under Section 4 of the IBC, 2016;

When the Adjudicating Authority admits an application made under section 7, 9 or 10 of the IBC, 2016.

Upon constitution of the Committee of Creditors of the Corporate Debtor;

Resolution professional

Committee of Creditors

Interim resolution professional

Board of Directors of the Corporate Debtor