Insolvency Professionals, affiliated with an Insolvency Agency, are integral to the dissolution proceedings of insolvent entities, encompassing individuals, companies, LLPs, or partnerships. These experts are officially empowered to represent and manage affairs on behalf of insolvent entities.
In the context of bankruptcy, Insolvency Professionals play a crucial role in overseeing the liquidation of an entity’s assets and facilitating various settlement processes. The prominence of this function has surged, particularly with the government’s implementation of stringent regulations under the Insolvency and Bankruptcy Code.
The adjudicating authority appoints a person on the commencement date of insolvency who will conduct the entire proceeding. This person is the Interim Resolution Professional (IRP). The IRP is responsible to conduct the proceedings of CIRP and also to ascertain the operations of the corporate debtor as a going concern.
The Interim Resolution Professional shall perform the following duties, namely:-
(a) to collect all information relating to the assets, finances and operations of the corporate debtor for determining the financial position of the corporate debtor, including information relating to:
(i) business operations for the previous two years;
(ii) financial and operational payments for the previous two years;
(iii) list of assets and liabilities as on the initiation date; and
(iv) such other matters as may be specified;
(b) receive and collate all the claims submitted by creditors to him pursuant to the public announcement made;
( c ) constitute a committee of creditors;
(d) monitor the assets of the corporate debtor and manage its operations until a resolution professional is
appointed by the committee of creditors;
(e) file the information collected with the information utility, if necessary; and
(f) take control and custody of any asset over which the corporate debtor has ownership rights as recorded in the balance sheet of the corporate debtor, or with information utility or the depository of securities or any other registry that records the ownership of assets including:
(i) assets over which the corporate debtor has ownership rights which may be located in a foreign country;
(ii) assets that may or may not be in possession of the corporate debtor;
(iii) tangible assets, whether movable or immovable;
(iv) intangible assets including intellectual property;
(v) securities including shares held in any subsidiary of the corporate debtor, financial instruments, insurance policies;
(vi) assets subject to the determination of ownership by a court or authority;
(g) to perform such other duties as may be specified by the Board.