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Sections 209 to 211 of the Insolvency and Bankruptcy Code, 2016: registration of an information utility and appeal to the Appellate Tribunal

No certificate, no business: section 209 bars any person from carrying on business as an information utility without a certificate of registration issued by the Board. Under...

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IBC Insolvency
Published
October 2, 2026
Last updated
Oct 2, 2026
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8 min
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Last updated: October 2026Verified against: Government sources

An information utility is the body that stores financial information about debtors for use in insolvency processes. Section 209 says no person may function as one without a certificate of registration from the Insolvency and Bankruptcy Board of India (the Board). Section 210 sets out the application, grant, renewal, suspension and cancellation. Section 211 gives an aggrieved information utility an appeal to the National Company Law Appellate Tribunal. This article follows the IBBI consolidated text of the Code amended up to 12 August 2021.

Section 209: the bar

"Save as otherwise provided in this Code, no person shall carry on its business as information utility under this Code without a certificate of registration issued in that behalf by the Board."

The pattern is the same as section 199 for insolvency professional agencies (article 121): "no person", the words "Save as otherwise provided in this Code", and a certificate of registration issued by the Board as the single condition. The text does not name any other provision of the Code that carves out an exception, so the reader should not assume one. The section prints no penalty. Anyone who needs to check whether an entity that stores or serves financial information is within the bar can take a legal consultation and bring the entity's constitution documents.

Section 210(1): the application

"Every application for registration shall be made to the Board in such form and manner, containing such particulars, and accompanied by such fee, as may be specified by regulations." The proviso adds: "every application received by the Board shall be acknowledged within seven days of its receipt". Form, manner, particulars and fee are left to regulations; section 240(2)(zzk) is the matching power: "the form and manner in which, and the fee for registration of information utility under sub-section (1) of section 210".

Section 210(2) and (3): grant or rejection

"On receipt of the application under sub-section (1), the Board may, on being satisfied that the application conforms to all requirements specified under sub-section (1), grant a certificate of registration to the applicant or else, reject, by order, such application."

Compare this with section 201(2) for agencies (see article 122). Section 201(2) carries two provisos, one requiring that an applicant be heard before rejection and one requiring communication of the order within fifteen days. The text of section 210(2) prints neither proviso. This article records that difference as printed and does not read a hearing requirement into section 210(2). Whether the regulations add anything is not in the texts consulted.

Sub-section (3): "The Board may issue a certificate of registration to the applicant in such form and manner and subject to such terms and conditions as may be specified." The certificate can therefore carry terms and conditions.

Section 210(4): renewal

"The Board may renew the certificate of registration from time to time in such manner and on payment of such fee as may be specified by regulations." The section prints no duration of the certificate and no deadline for seeking renewal; the matching regulation power is section 240(2)(zzm).

Section 210(5): suspension and cancellation

The Board "may, by order, suspend or cancel the certificate of registration granted to an information utility on any of the following grounds":

ClauseGround (as printed)
(a)it has obtained registration by making a false statement or misrepresentation or any other unlawful means
(b)it has failed to comply with the requirements of the regulations made by the Board
(c)it has contravened any of the provisions of the Act or the rules or the regulations made thereunder
(d)on any other ground as may be specified by regulations

Two provisos protect the information utility: "no order shall be made under this sub-section unless the information utility concerned has been given a reasonable opportunity of being heard", and "no such order shall be passed by any member except whole-time members of the Board".

Unlike clause (b) of section 201(5), which speaks of regulations and of the agency's own bye-laws, clause (b) of section 210(5) speaks only of the Board's regulations; an information utility has no bye-laws in the text. Section 240(2)(zzn) refers to "the other ground under clause (d) of sub-section (5) of section 210"; what has been specified is not in the texts consulted.

Example (invented). Sapphire Data Registry holds a certificate. The Board has material that the registry obtained its certificate by a false statement (clause (a)). Before it passes an order of suspension or cancellation, the Board must give the registry a reasonable opportunity of being heard, and the order must be passed by whole-time members. If the order is made, the registry can look to section 211.

Section 211: appeal

"Any information utility which is aggrieved by the order of the Board made under section 210 may prefer an appeal to the National Company Law Appellate Tribunal in such form, within such period, and in such manner, as may be specified by regulations."

  • The appeal lies against an order under section 210, so it covers a rejection under sub-section (2) and a suspension or cancellation under sub-section (5).
  • The period is not printed in the Code; section 240(2)(zzo) refers to "the form, the period and the manner of filling appeal to the National Company Law Appellate Tribunal under section 211" (the text prints "filling"). The word is left as printed.
  • The text is silent on any stay or interim relief.

For how the information utilities fit into the creditors' side of the Code, see our post on information utility registration under sections 209 to 216.

Rules and regulations

The set that implements these sections is the Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017; the copy consulted is amended up to 02-06-2026. The date of that copy does not show that any provision of the Amendment Act, 2026 is in force.

The Amendment Act, 2026

The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (No. 6 of 2026) does not amend sections 209, 210 or 211. It inserts a definition of "service provider" in section 3 that names an information utility among the persons it covers, and it amends sections 214, 215, 217 and 218 (see article 126 and article 128). The Amendment Act, 2026 comes into force on the date or dates the Central Government notifies; the notification is not in the texts consulted, so check whether this change has been notified.

Amendments and notifications made after 12 August 2021, other than the Amendment Act, 2026, are not in the texts consulted and should be checked.

Need help with an information utility registration or appeal?

An entity facing a registration application, a show-cause step or a Board order needs the dates, the hearing record and the grounds in one place. Our team can sort these with you in a legal consultation before any filing is made.

Key takeaways

  • Section 209 bars any person from functioning as an information utility without a Board certificate.
  • The Board must acknowledge an application within seven days.
  • Section 210(2) prints no hearing proviso and no communication period for a rejection, unlike section 201(2).
  • Suspension or cancellation rests on four grounds, with a reasonable opportunity of being heard and an order by whole-time members.
  • Section 211 provides an appeal to the National Company Law Appellate Tribunal; the period is left to regulations.

Read next

Disclaimer: Based on the IBBI consolidated text of the Insolvency and Bankruptcy Code, 2016 amended up to 12 August 2021 and on the Insolvency and Bankruptcy Code (Amendment) Act, 2026 (No. 6 of 2026), which comes into force on the date or dates notified by the Central Government, as consulted on 2 October 2026. It explains the words of the statute only; commencement notifications, other amendments made after 12 August 2021, notified thresholds, the rules and IBBI regulations, and the way tribunals and courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.

Quick recapKey facts & short answers

Key Facts About Sections 209 to 211

  • 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 the entire process end to end for you.

Can anyone run an information utility without registration?

No. Section 209 says no person shall carry on its business as an information utility under the Code without a certificate of registration issued by the Board, save as otherwise provided in the Code.

How soon must the Board acknowledge an application?

Within seven days of receipt, under the proviso to section 210(1).

The right form filed late and the wrong form filed on time cause the same trouble — file the right one on time.

— TaxClue Compliance Desk

Sections 209 to 211: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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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.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

No. Section 209 says no person shall carry on its business as an information utility under the Code without a certificate of registration issued by the Board, save as otherwise provided in the Code.

Within seven days of receipt, under the proviso to section 210(1).

Section 210(2) prints no such proviso. The hearing proviso is printed for suspension or cancellation in section 210(5). Check the regulations for anything further.

False statement or misrepresentation or other unlawful means in obtaining registration; failure to comply with the Board's regulations; contravention of the Act, rules or regulations; and any other ground specified by regulations.

Only whole-time members of the Board, under the second proviso to section 210(5).

Section 211 provides an appeal to the National Company Law Appellate Tribunal; the form, period and manner are as specified by regulations. The Code prints no period.