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Claim Form Before RP — Financial Creditor Draft

Complete guide to claim form under IBC Regulations. Compliance, penalties, examples, latest amendments. March 2026.

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Topic
IBC Compliance
Published
March 23, 2026
Last updated
Oct 1, 2026
Reading time
6 min
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Last updated: October 2026Verified against: Government sources

Overview

This article provides a detailed, layman-language explanation of Claim Form Before RP under the IBC Regulations and applicable Rules. All amendments, notifications, and circulars up to March 2026 are incorporated.

Relevant provisions: Form B.

Why This Matters
Non-compliance with claim form provisions can result in penalties ranging from Rs. 5,000 to Rs. 5 lakh, imprisonment up to 3 years (depending on the Act), prosecution of directors/partners/proprietors, and business disruption through labour inspections and stop-work orders. Every employer in India must understand and comply with these requirements.

What the Law Requires

Legal Framework

Form B of the IBC Regulations establishes the framework for claim form. The provisions cover: (a) applicability and coverage, (b) employer and employee obligations, (c) registration and compliance requirements, (d) benefits and entitlements, (e) record-keeping and returns, and (f) penalties for non-compliance.

Who Must Comply?

Employer TypeApplicable?Threshold
Factory / Manufacturing UnitYes (most labour laws)Varies: 10/20 employees depending on Act
Shop / Commercial EstablishmentYesState-specific thresholds
Company / LLP / FirmYesBased on employee count and wages
Contractor / Principal EmployerYes (Contract Labour Act)20 or more contract workers
IT / ITES / Service SectorYes (most laws apply)Employee count thresholds
Startup / Small BusinessYesSome relaxations available, but core compliance mandatory
Labour Code Reform Note
The Central Government has enacted 4 new Labour Codes (Wages, Social Security, Industrial Relations, OSH) to replace 29 existing labour laws. However, as of March 2026, the Codes are yet to be fully notified and the existing Acts continue to apply. This article covers the existing law that is currently in force. Once the Labour Codes are notified, a separate guide will be published.

Detailed Explanation with Examples

Example 1: Rahul runs a 50-employee company in Faridabad. He must comply with EPF (contribution 12% each from employer and employee on basic + DA), ESI (if wages below Rs. 21,000), Gratuity (payable after 5 years of service), Bonus (8.33% minimum), Minimum Wages (as per Haryana schedule), and Shop & Establishment registration. Missing any of these invites inspector visits and penalties.

Example 2: Priya operates a garment factory with 100 workers, including 30 contract workers through a contractor. She must: (a) register the factory under the Factories Act, (b) ensure the contractor has a Contract Labour license, (c) comply with EPF/ESI for all workers, (d) maintain statutory registers and display notices, and (e) file annual and half-yearly returns.

Example 3: A startup with 15 employees paying salaries above Rs. 21,000/month is still covered under EPF (if 20+ employees, or voluntarily). It must comply with Minimum Wages, Payment of Bonus (if 20+ employees), Maternity Benefit, and Shop & Establishment registration from day one.

Compliance Advice
For claim form, maintain a dedicated labour compliance file with all registrations, contribution challans, statutory registers, and returns. Use a compliance calendar to track monthly, quarterly, and annual due dates. our labour compliance team handles end-to-end employer compliance.
Quick recapKey facts & short answers

Key Facts About Claim Form Before RP

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes Claim Form Before RP end to end for you.

What is claim form?

Form B of the IBC Regulations governs this. Covers eligibility, compliance, and penalties.

What is the penalty?

Varies: fines Rs. 5,000 to Rs. 5 lakh, imprisonment up to 3 years, interest on arrears, damages.

A due date missed is rarely a matter of law — it is almost always a matter of calendar.

— TaxClue Compliance Desk

Claim Form Before RP: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

READY DRAFTClaim by Financial Creditor before RP — CIRP Form C

The proof of claim a financial creditor (other than in a class) submits to the Interim Resolution Professional/Resolution Professional in Form C under Regulation 8 of the CIRP Regulations, 2016.

FORM C
[Under Regulation 8 of the Insolvency and Bankruptcy Board of India
(Insolvency Resolution Process for Corporate Persons) Regulations, 2016]

SUBMISSION OF CLAIM BY FINANCIAL CREDITOR

Date: [DD-MM-YYYY]

To,
The Interim Resolution Professional / Resolution Professional,
[Name of IRP/RP], Reg. No. [IBBI/IPA-___/IP-___]
In the matter of CIRP of [Name of Corporate Debtor]
[Address of RP for correspondence].

From,
[Name of Financial Creditor], [Address], [Email], [PAN/CIN].

Subject: Submission of proof of claim as a Financial Creditor under
Regulation 8 of the CIRP Regulations, 2016.

Sir/Madam,

  1. NAME OF FINANCIAL CREDITOR        : [___]
  2. IDENTIFICATION NUMBER (CIN/PAN)   : [___]
  3. ADDRESS & EMAIL FOR CORRESPONDENCE: [___]
  4. TOTAL AMOUNT OF CLAIM (in ₹)      :
        Principal outstanding          : ₹[amount]
        Interest up to insolvency
          commencement date [Date]     : ₹[amount]
        TOTAL CLAIM                    : ₹[amount]
  5. DETAILS OF DOCUMENTS EVIDENCING
     DEBT & DUE DATE OF PAYMENT        :
        [Loan/Facility Agreement dated ___; Sanction Letter ___;
         Deed of Hypothecation/Mortgage ___; NeSL record ___;
         statement of account]
  6. DETAILS OF HOW & WHEN DEBT INCURRED: [disbursement dates & amounts]
  7. DETAILS OF ANY MUTUAL CREDIT / SET-OFF: [NA / details]
  8. DETAILS OF SECURITY HELD, DATE OF
     CREATION, VALUE & CHARGE ID       :
        [Charge on ___ ; ROC Charge ID ___ ; estimated value ₹[amount]]
        ( ) Secured   ( ) Unsecured
  9. DETAILS OF RETENTION OF TITLE
     ARRANGEMENT, if any               : [NA]
 10. DETAILS OF BANK ACCOUNT FOR
     RECEIPT OF DUES                   : A/c [___] Bank [___] IFSC [___]
 11. LIST OF DOCUMENTS ATTACHED TO
     PROVE THE CLAIM                   :
        (i) Loan documents (ii) Statement of account/NeSL record
        (iii) Security/charge documents (iv) Board authorisation
        (v) Computation of interest

AFFIDAVIT / DECLARATION

I, [Name], [Designation], duly authorised by [Financial Creditor] vide
Board Resolution/Power of Attorney dated [___], hereby declare that:

  (a) The above particulars are true and correct to my knowledge;
  (b) [Financial Creditor] is a financial creditor of [Corporate Debtor]
      in respect of the financial debt described above;
  (c) The documents attached are true copies of their originals.

                                        ____________________
                                        (Signature of Financial Creditor
                                         / authorised representative)
                                        Name: [___]
                                        Position: [___]
Place: [___]
Date : [DD-MM-YYYY]

VERIFICATION
Verified at [City] on this [Day] of [Month, Year] that the contents are
true and correct and nothing material has been concealed therefrom.

                                        ____________________
                                        Deponent
▸ How to use & important notes
  • A financial creditor (not in a class) submits proof of claim in Form C under Regulation 8; a class of financial creditors (e.g. homebuyers) uses Form CA through an authorised representative.
  • Submit on or before the last date stated in the public announcement (Form A); claims received after the deadline but before approval of a resolution plan may still be considered by the RP within limits.
  • State claim as on the insolvency commencement date; interest thereafter generally does not accrue for CIRP admission purposes.
  • Attach board authorisation/PoA, loan and security documents, statement of account and, ideally, the NeSL (information utility) record which is strong proof of default.

Disclaimer: This is a general-purpose template for reference only. Facts, figures, stamp duty and clauses vary with your situation and state law — have it reviewed before use. Need this professionally drafted, stamped and filed? Talk to a TaxClue expert.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 4 questions readers ask most on this topic.

Form B of the IBC Regulations governs this. Covers eligibility, compliance, and penalties.

Varies: fines Rs. 5,000 to Rs. 5 lakh, imprisonment up to 3 years, interest on arrears, damages.

Generally all establishments with 10-20+ employees. Some laws apply from 1 employee. State variations exist.

Complete labour compliance. .