Section 16: Appointment and tenure of interim resolution professional

The Insolvency and Bankruptcy Code, 2016

PART II Insolvency Resolution and Liquidation for Corporate Persons

CHAPTER II Corporate Insolvency Resolution Process(CIRP)

Section 16: Appointment and tenure of interim resolution professional:

16. (1) The Adjudicating Authority shall appoint an interim resolution professional ¹[on the insolvency commencement date].

(2) Where the application for corporate insolvency resolution process is made by a financial creditor or the corporate debtor, as the case may be, the resolution professional, as proposed respectively in the application under section 7 or section 10, shall be appointed as the interim resolution professional, if no disciplinary proceedings are pending against him.

(3) Where the application for corporate insolvency resolution process is made by an operational creditor and—

(a) no proposal for an interim resolution professional is made,the Adjudicating Authority shall make a reference to the Board for the recommendation of an insolvency professional who may act as an interim resolution professional;

(b) a proposal for an interim resolution professional is made under sub-section (4) of section 9, the resolution professional as proposed, shall be appointed as the interim resolution professional, if no disciplinary proceedings are pending against him.

(4) The Board shall, within ten days of the receipt of a reference from the Adjudicating Authority under sub-section (3), recommend the name of an insolvency professional to the Adjudicating Authority against whom no disciplinary proceedings are pending.

(5) The term of the interim resolution professional ²[shall continue till the date of appointment of the resolution professional under section 22].

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Amendments:

1. Subs. by the Insolvency and Bankruptcy Code (Amendment) Act, 2020, w.e.f. 28-12-2019. Before substitution, it stood as:

“within fourteen days from the insolvency commencement date”

2. Substituted by the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, for the word “shall not exceed thirty days from date of his appointment” in sub-section (5) of section 16 (w.e.f. 06.06.2018).