Search: Adjudicating Authority
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September 2026
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InsolvencyLiquidation: liquidator may modify the list of stakeholders on new information and intimate the Adjudicating Authority within 30 days — IBBI Fifth Amendment Regulations, 2026
Intimate the AA within 30 daysRule changeIBBI has amended regulation 31 of the Liquidation Process Regulations, 2016. Sub-regulations (3) and (4) are replaced by a single sub-regulation (3): the liquidator may modify an entry in the list of stakeholders when he comes across additional information warranting it, and shall intimate the Adjudicating Authority within thirty days of the modification. The amendment is in force from its publication in the Official Gazette.
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InsolvencyNo interim moratorium for personal guarantors from 26 May 2026, even where the application was already pending: IBBI Circular 106 cites Bombay and Delhi High Courts
No interim moratorium from 26 MayClarifiedIBBI has told insolvency professionals that the interim moratorium under section 96 (and section 124) of the Insolvency and Bankruptcy Code, in respect of a personal guarantor to a corporate debtor, ceased to operate from 26 May 2026 for applications pending before the Adjudicating Authority on that date. The circular rests on judgments of the Bombay High Court (24 July 2026) and the Delhi High Court (19 August 2026).
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InsolvencyIBBI lists six red flags of IBC misuse; insolvency professionals must apply to the Adjudicating Authority where the process serves a fraudulent purpose — Circular 105
Six red flags for IPsClarifiedIBBI says it has information from law enforcement and regulatory agencies that the IBC framework is, in certain cases, being misused for purposes other than insolvency resolution or liquidation. Circular No. IBBI/CIRP/105/2026 dated 9 September 2026 gives insolvency professionals six illustrative indicators to watch for and requires an application to the Adjudicating Authority where, on reasonable grounds, the process appears to serve a fraudulent or malicious purpose.
August 2026
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InsolvencyIBBI discussion paper of 14 August 2026 proposed guidance for insolvency professionals on fraudulent or malicious initiation of CIRP under section 65; comments closed 24 August
Draft — comments closed 24 AugComments invitedIBBI’s discussion paper dated 14 August 2026 placed a draft circular for comments: nine illustrative indicators that should alert an insolvency professional to fraudulent or malicious initiation of CIRP, and an application to the Adjudicating Authority under section 60(5) read with section 65 where the professional forms that opinion. It was a proposal; the comment period ended on 24 August 2026.
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