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Specimen Affidavit of Creditor in Company Liquidation — Format 2026

Specimen affidavit format for creditor proving debt in company winding up. Format, proof of debt, liquidator verification, IBC claims.

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Last updated: October 2026Verified against: Government sources

Creditor's Affidavit in Liquidation

When a company goes into liquidation (voluntary or compulsory winding up, or liquidation under IBC): creditors must file an affidavit proving their debt with the liquidator to receive distribution from the company's assets. The affidavit establishes: (a) the existence of the debt, (b) the amount due, (c) the basis of the claim, (d) any security held, (e) supporting documents. Only PROVED debts are admitted for distribution.

Specimen Affidavit

AFFIDAVIT OF PROOF OF DEBT

In the matter of (In Liquidation)

Before the Liquidator / NCLT Bench

I, , , of , , do hereby solemnly affirm and state on oath:

1. I am the and am competent to swear this affidavit.

2. (In Liquidation) (the "Company") is INDEBTED to me/my company in the sum of Rs. as on the date of winding up order/liquidation commencement ().

3. The debt arises from: dated / loan advanced on vide agreement dated / services rendered during / rent for premises at for the period ].

4. Particulars of the debt:

DescriptionInvoice/Ref.DateAmount (Rs.)
--
Total

5. Security: , pledge of , personal guarantee of . The estimated value of the security is Rs. . I claim as a creditor.]

6. I have NOT received any payment or satisfaction for the said debt, except .

7. The supporting documents are attached as Exhibits: (a) Exhibit A -- Invoices, (b) Exhibit B -- Delivery challans/proof of service, (c) Exhibit C -- Ledger account extract, (d) Exhibit D -- Agreement/contract, (e) Exhibit E -- Correspondence/demand letters.

8. The contents of this affidavit are true and correct to my personal knowledge.

DEPONENT
| | Date:

Solemnly affirmed before me on at .

IBC Claims Process

Under the Insolvency and Bankruptcy Code, 2016: during CIRP (Corporate Insolvency Resolution Process): (a) the Resolution Professional (RP) invites claims from creditors (public announcement under Section 15), (b) creditors file claims in the PRESCRIBED FORM (Form B for operational creditors, Form C for financial creditors, Form D for workmen/employees), (c) the RP verifies and admits/rejects claims, (d) admitted claims are included in the Committee of Creditors (for financial creditors) or claims list (for operational creditors). During LIQUIDATION: claims are filed with the Liquidator in the prescribed form -- similar to the affidavit format above.

Priority of Claims in Liquidation

Under Section 53 IBC (waterfall): (1) CIRP costs and liquidation costs, (2) SECURED creditors (with relinquished security), (3) WORKMEN dues (24 months) and secured creditors (not relinquished), (4) EMPLOYEE dues (12 months), (5) UNSECURED creditors, (6) Government dues (2 years), (7) Remaining debts, (8) PREFERENCE shareholders, (9) EQUITY shareholders.

Disclaimer: This article is for informational purposes only and does not constitute legal or professional advice. While every effort has been made to ensure accuracy based on the latest laws and amendments, readers should consult a qualified professional before acting on any information provided. For expert assistance, contact us.

Quick recapKey facts & short answers

Key Facts About Specimen Affidavit of Creditor

  • 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 Specimen Affidavit of Creditor end to end for you.

What must the creditor's affidavit contain?

The affidavit must contain: (1) CREDITOR's identity -- name, address, capacity (individual/company representative), (2) AMOUNT of debt -- exact figure as on the relevant date, (3) BASIS of debt -- nature (goods supplied, loan, services, rent) with specific references (invoice numbers, agreement dates), (4) PARTICULARS -- itemized breakdown of the claim, (5) SECURITY -- whether the creditor holds any security (mortgage, pledge, guarantee) and its estimated value, (6) PAYMENTS received -- any partial payments already received, (7) SUPPORTING DOCUMENTS -- invoices, agreements, delivery proof, ledger accounts, (8) VERIFICATION -- sworn before a Notary/Oath Commissioner.

What is the difference between secured and unsecured creditor claims?

SECURED creditor: holds SECURITY (mortgage, charge, pledge) over the company's assets -- their claim is satisfied from the specific secured assets FIRST (Section 52 IBC). If the security value exceeds the debt: the secured creditor is fully paid. If insufficient: the shortfall is an unsecured claim. UNSECURED creditor: holds NO security -- their claim is satisfied from the remaining assets AFTER secured creditors, workmen, and employees (Section 53 waterfall). Recovery rate: secured creditors typically recover 60-80%; unsecured creditors may recover 10-30% or less depending on available assets.

Define the scope, the price, the time and the exit — most disputes are about one of the four.

— TaxClue Legal Desk

Specimen Affidavit of Creditor: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

READY DRAFTAffidavit of Creditor in Company Liquidation — Format

A verifying affidavit (proof of debt) sworn by a creditor in support of a claim submitted to the liquidator in a company winding-up / liquidation under the Companies Act 2013 or IBC 2016.

   BEFORE THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL, [Bench]
      (In the matter of liquidation of [Company] Pvt. Ltd.)
   / IN THE OFFICE OF THE LIQUIDATOR OF [Company] (In Liquidation)

        C.P. (IB) No. ____ / Liquidation No. ____ of 20__

In the matter of:
[Company Name] Private Limited (In Liquidation)     ... Corporate Debtor

               AFFIDAVIT OF PROOF OF DEBT (CREDITOR)

I, [Name of Deponent], S/o [___], aged [__] years, [Designation, e.g.
Director/Authorised Signatory] of [Name of Creditor Company / self],
having office/residence at [Full Address], do hereby solemnly affirm
and state on oath as under:

1.  That I am the [creditor / duly authorised signatory of the
    creditor, M/s ____] and am competent to swear this affidavit, and
    am acquainted with the facts of the case from the records
    maintained in the ordinary course of business.

2.  That [Company Name] Private Limited (the "Corporate Debtor / the
    Company in Liquidation") was ordered to be wound up / admitted
    into liquidation by order dated [DD/MM/YYYY] of this Hon'ble
    Tribunal, and Mr./Ms. [___] was appointed as the Liquidator.

3.  That the Company is justly and truly indebted to the
    deponent/creditor in the sum of ₹[amount] (Rupees [in words]
    only) as on [DD/MM/YYYY], the particulars whereof are:
       (a) Principal outstanding      : ₹[amount]
       (b) Interest @ [__]% up to date: ₹[amount]
       (c) Total claim                : ₹[amount]

4.  That the said debt arose out of [supply of goods / services
    rendered / loan advanced / unpaid invoices] under Invoice/
    Agreement No. [___] dated [DD/MM/YYYY], the documents in support
    of which are annexed as Annexure A-1 to A-[__].

5.  That the creditor holds [no security / the following security:
    ___] for the said debt, and the claim is submitted as [an
    operational / a financial / an unsecured] creditor.

6.  That the deponent has not received any part of the said sum,
    save ₹[amount] (if any), and the balance of ₹[amount] remains
    due and payable and is claimed in the liquidation.

7.  That no suit or other proceeding for recovery of the said debt is
    pending / the following proceeding is pending: [___].

8.  That the contents of this affidavit are true and correct and the
    claim is bona fide and genuine.

                          DEPONENT

                                          ____________________
                                             [Name of Deponent]

                        VERIFICATION

I, the above-named deponent, do hereby verify that the contents of
paragraphs 1 to 8 of this affidavit are true and correct to my
knowledge based on the records of the creditor, and nothing material
has been concealed therefrom.

Verified at [City] on this [__] day of [Month], 2026.

                                          ____________________
                                             DEPONENT

Solemnly affirmed before me by the deponent, identified to me, on
this [__] day of [Month], 2026, at [City].

                                          ____________________
                                          NOTARY PUBLIC / OATH COMMR.
▸ How to use & important notes
  • For an IBC liquidation, a creditor proves its claim to the liquidator in the prescribed form (Form C/D/E under the IBBI (Liquidation Process) Regulations 2016) supported by this affidavit and documentary proof of the debt.
  • Execute on plain paper as an affidavit, sworn/affirmed before a Notary Public or Oath Commissioner; affidavits generally bear a nominal notarial stamp — check the State schedule.
  • State clearly whether you are a financial, operational, secured or unsecured creditor and quantify principal and interest separately as on the liquidation-commencement date — the classification decides your priority in the waterfall under Section 53 IBC.
  • Submit within the time stipulated in the liquidator's public announcement; annex invoices, ledgers, contracts and any decree/award relied upon as Annexure A-1 onwards.

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.

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Questions, answered

Short, direct answers to the 5 questions readers ask most on this topic.

The affidavit must contain: (1) CREDITOR's identity -- name, address, capacity (individual/company representative), (2) AMOUNT of debt -- exact figure as on the relevant date, (3) BASIS of debt -- nature (goods supplied, loan, services, rent) with specific references (invoice numbers, agreement dates), (4) PARTICULARS -- itemized breakdown of the claim, (5) SECURITY -- whether the creditor holds any security (mortgage, pledge, guarantee) and its estimated value, (6) PAYMENTS received -- any partial payments already received, (7) SUPPORTING DOCUMENTS -- invoices, agreements, delivery proof, ledger accounts, (8) VERIFICATION -- sworn before a Notary/Oath Commissioner.

SECURED creditor: holds SECURITY (mortgage, charge, pledge) over the company's assets -- their claim is satisfied from the specific secured assets FIRST (Section 52 IBC). If the security value exceeds the debt: the secured creditor is fully paid. If insufficient: the shortfall is an unsecured claim. UNSECURED creditor: holds NO security -- their claim is satisfied from the remaining assets AFTER secured creditors, workmen, and employees (Section 53 waterfall). Recovery rate: secured creditors typically recover 60-80%; unsecured creditors may recover 10-30% or less depending on available assets.

During CIRP: the Resolution Professional issues a PUBLIC ANNOUNCEMENT inviting claims -- creditors must file within 14 DAYS of the announcement (extendable). For claims filed after 14 days but before approval of the resolution plan: the RP may admit with conditions. During LIQUIDATION: the Liquidator invites claims -- 30 DAYS to file. Claims filed after the deadline: may be admitted at the Liquidator's discretion (with reduced priority). IMPORTANT: failure to file a claim means the creditor is NOT included in the distribution -- they lose their right to recover from the company's assets.

YES -- the Liquidator can REJECT a claim if: (1) the debt is FICTITIOUS or fraudulent, (2) insufficient EVIDENCE -- the creditor has not provided adequate supporting documents, (3) the debt is TIME-BARRED (limitation expired before the liquidation), (4) the claim is DISPUTED -- the company has a valid defence, (5) the debt was NOT incurred in the ordinary course of business and is questionable. The creditor can CHALLENGE the rejection before NCLT -- filing an application with evidence. The NCLT examines the claim and may direct the Liquidator to admit it.

If the debt is disputed: the creditor must provide STRONGER evidence: (1) WRITTEN agreement/contract -- signed by both parties, (2) DELIVERY proof -- signed delivery challans, acknowledgment receipts, (3) INVOICES with acknowledgment, (4) CORRESPONDENCE -- emails/letters confirming the debt, (5) BANK STATEMENTS showing prior payments (establishing the business relationship), (6) THIRD-PARTY evidence -- transport documents, customs records, (7) LEGAL NOTICE sent and reply received. For FINANCIAL creditors: the debt must be a 'financial debt' under Section 5(8) -- with proof of disbursement, loan agreement, and outstanding balance. The RP/Liquidator applies the standard of 'sufficient evidence' -- not proof beyond reasonable doubt.