Committee of Creditors

Committee of Creditors

The recently Insolvency and Bankruptcy Board of India (IBBI) has issued guidelines for the Committee of Creditors (CoC).

  • A group formed by financial creditors who lent money to a debtor, typically during insolvency proceedings.
  • CoC plays a crucial role in the resolution process under the Insolvency and Bankruptcy Code, 2016
  • FormationAn insolvency professional is appointed to manage the debtor’s assets and form the CoC
  • Members – The CoC consists of all financial creditors of the debtor
    • Not permitted for operational creditors
  • Functions and Powers –
    • Decides the future of the debtor’s outstanding debt.
      • They can choose to revive the debt by restructuring the repayment schedule or liquidate the debtor’s assets to recover dues
    • Reviews and approves the resolution plan submitted by potential resolution applicants.
      • The plan must receive at least 66% of the votes from the CoC members to be approved
    • Monitors the implementation of the approved resolution plan to ensure compliance with the agreed terms
  • Significance –
    • CoC empowers financial creditors to have control over the insolvency resolution process, ensuring their interests are protected
    • By involving creditors directly, the CoC aims to achieve a more efficient and effective resolution of insolvency cases

Source: Business Standard


Previous Year Question

Consider the investments in the following assets:
1. Brand recognition
2. Inventory
3. Intellectual property
4. Mailing list of clients
How many of the above are considered intangible investments?

[UPSC Civil Service Exam – 2023 Prelims]

(a) Only one
(b) Only two
(c) Only three
(d) All four

Answer: (c)
Explanation:
Inventory is not an intangible investment.


Practice Question

Which of the following statements about the Committee of Creditors (CoC) under the Insolvency and Bankruptcy Code (IBC), 2016 is correct?

  1. The CoC consists of all operational creditors of the debtor.
  2. The CoC has the power to approve the resolution plan with a 66% majority vote.
  3. The CoC is formed by the insolvency professional managing the debtor’s assets.

Select the correct answer using the codes given below:

 
 
 
 

Question 1 of 1

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