Section 240A – The Insolvency and Bankruptcy Code, 2016

Application of this Code to micro, small and medium enterprises. (1) Notwithstanding anything to the contrary contained in this Code, the provisions of clauses (c) and (h) of section 29A shall not apply to the resolution applicant in respect of corporate insolvency resolution process 2[or pre-packaged insolvency resolution process] of any micro, small and medium enterprises. (2) Subject to sub-section […]

Section 240 – The Insolvency and Bankruptcy Code, 2016

Power to make regulations (1) The Board may, by notification, make regulations consistent with this Code and the rules made thereunder, to carry out the provisions of this Code. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: — (a) the form and the manner

Section 239 – The Insolvency and Bankruptcy Code, 2016

Power to make rules (1) The Central Government may, by notification, make rules for carrying out the provisions of this Code. (2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for any of the following matters, namely: — (a) any other instrument which shall be a financial product under

Section 238A – The Insolvency and Bankruptcy Code, 2016

Limitation The provisions of the Limitation Act, 1963 (36 of 1963) shall, as far as may be, apply to the proceedings or appeals before the Adjudicating Authority, the National Company Law Appellate Tribunal, the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal, as the case may be.]   Amendment 1Ins. by Act No. 26 of 2018, sec. 34 (w.e.f.

Section 238 – The Insolvency and Bankruptcy Code, 2016

Provisions of this Code to override other laws The provisions of this Code shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing

Section 237 – The Insolvency and Bankruptcy Code, 2016

Appeal and revision The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974) on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of

Section 236 – The Insolvency and Bankruptcy Code, 2016

Trial of offences by Special Court (1) Notwithstanding anything in the Code of Criminal Procedure, 1973(2 of 1974), offences under of this Code shall be tried by the Special Court established under Chapter XXVIII of the Companies Act, 2013 (18 of 2013). (2) No Court shall take cognizance of any offence punishable under this Act, save on a complaint made

Section 235A – The Insolvency and Bankruptcy Code, 2016

Punishment where no specific penalty or punishment is provided If any person contravenes any of the provisions of this Code or the rules or regulations made thereunder for which no penalty or punishment is provided in this Code, such person shall be punishable with fine which shall not be less than one lakh rupees but which may extend to two crore

Section 235 – The Insolvency and Bankruptcy Code, 2016

Letter of request to a country outside India in certain cases (1) Notwithstanding anything contained in this Code or any law for the time being in force if, in the course of insolvency resolution process, or liquidation or bankruptcy proceedings, as the case may be, under this Code, the resolution professional, liquidator or bankruptcy trustee, as the case may be, is

Section 234 – The Insolvency and Bankruptcy Code, 2016

Agreements with foreign countries (1) The Central Government may enter into an agreement with the Government of any country outside India for enforcing the provisions of this Code. (2) The Central Government may, by notification in the Official Gazette, direct that the application of provisions of this Code in relation to assets or property of corporate debtor or debtor, including a personal