Filing of the list of creditors under regulation 13 of the IBBI
Filing of the list of creditors under clause (ca) of sub-regulation (2) of regulation 13 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.
In pursuance of clause (ca) of sub-regulation (2) of regulation 13 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (‘CIRP Regulations’) requiring the insolvency professional (IP) to file list of creditors on the electronic platform of the Board for dissemination on its website, the Board had issued the Circular No. IBBI/CIRP/36/2020 dated 27th November, 2020 directing the IP to file the list of creditors and modification thereof
in the stipulated format on electronic platform viz. www.ibbi.gov.in.
- In the said format, the particular “Identification No.” for seeking identification details of creditors is mentioned. It has come to notice that in few instances, details such as Aadhaar, PAN card, etc., are being filled therein. Such information being sensitive personal information is prone to misuse and hence is not to be revealed on public platforms. The
General Guidelines for securing Identity information and Sensitive personal data or information in compliance to Aadhaar Act, 2016 and Information Technology Act, 2000 issued by the Ministry of Electronics and Information Technology also provides that any personal identifiable data including Aadhaar should not be published in public domain. - To address this concern, this circular in partial modification of the Circular under reference, removes the column “Identification No.” from the particulars of the format stipulated therein. The insolvency professionals are directed to file the list of creditors of the respective corporate debtor and modification thereof, in the revised format placed in Annexure, within three days of the preparation of the list or modification thereof, as the case may be. The rest of the
contents of the above said Circular shall remain same. - This Circular is issued in exercise of the powers under clause (aa) of sub-section (1) of section 196 of the Insolvency and Bankruptcy Code, 2016.
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