Form H Compliance Certificate explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Form H is the compliance certificate given by the resolution professional to the Adjudicating Authority under Regulation 39(4). It records the conduct of the CIRP across its dates, the compliances performed, the RP's affirmation in favour of the plan, the amount provided, and details of preferential, undervalued, fraudulent and extortionate transactions.
What the certificate contains
- the conduct of the CIRP on various dates;
- a declaration of the various compliances done by the RP;
- positive affirmation by the RP in favour of the plan;
- the amount provided in the plan;
- compliance of the resolution plan with the IBC, pinpointing the clauses in the plan;
- the timelines of the CIRP; and
- details of preferential, undervalued, fraudulent and extortionate (PUFE) transactions.
The requirement to pinpoint the clauses of the plan that establish compliance with the Code is what makes Form H substantive rather than formal.
The RP is not certifying an impression that the plan complies. The certificate identifies, provision by provision, where in the plan each statutory requirement is met — which means a plan that omits a requirement cannot be certified without the gap becoming visible.
The 30-day timelines
| Step | Timeline |
|---|---|
| RP submits the compliance certificate after CoC approval | 30 days — changed from 15 days by amended Regulation 39(4) |
| Adjudicating Authority passes its order on the resolution plan | 30 days of receipt, with reasons recorded for any delay |
The two limbs work together. Extending the RP's period to 30 days recognises the work of certification; requiring the Adjudicating Authority to decide within 30 days of receipt, with reasons for delay, addresses the stage at which resolution timelines were being lost.
Why the PUFE disclosure sits in Form H
Details of preferential, undervalued, fraudulent and extortionate transactions are certified at the same moment the plan goes to the Adjudicating Authority. Three consequences follow:
- The Adjudicating Authority sees the avoidance position when it approves the plan, rather than afterwards.
- The resolution applicant knows what has been identified, which matters because recoveries from avoidance proceedings may or may not be for its benefit under the plan.
- The RP's investigation is on record, so a subsequent claim that transactions were overlooked is testable against the certificate.
Form H beyond its filing purpose
The Background Material describes Form H as a good source document for conducting a CIRP and for evaluating and making a resolution plan.
The reason is that the certificate enumerates every compliance the Code and Regulations require of a completed CIRP. Read at the start of a process rather than the end, it functions as the checklist the process will eventually be measured against — which is the most efficient way to use it.
Form H in liquidation
Form H is also retained as the compliance certificate for the dissolution application in a liquidation, under Regulation 45(3) of the Liquidation Process Regulations — notwithstanding the wider rationalisation that reduced the liquidator's reports to Progress Reports and a Final Report.
Compliance checklist
- Submit the certificate within 30 days of CoC approval.
- Pinpoint the plan clauses establishing each compliance.
- Give a positive affirmation in favour of the plan.
- State the amount provided in the plan.
- Disclose all PUFE transactions identified.
- Record the CIRP timelines accurately.
- Use Form H as a checklist from the start of the process.
Common mistakes
- Working to the superseded 15-day submission period.
- Certifying compliance generally without clause references.
- Omitting PUFE details where investigation is incomplete rather than reporting the position.
- Treating Form H as a closing formality.