Categories: IBC

Comparison in CIRP, Voluntary, liquidation & FTP Process

Comparison between CIRP process, Liquidation process, Voluntary liquidation processes – Section 59, and Fast track process

S. No . Action Particular of IBC CIRP Liquidation process Voluntary liquidation processes – Section 59 Fast track process
Appplicablity Who can apply FC / OC / CD Max period of CIRP is over / AA rejects the plan / COC before submission of R.plan decides to liquidate with 90% / where the R.plan is contravened by CD Debtor, affidevit by majority of Directors of full enquiry with / can pay the debt & not to defraud. Accompanies with 2 year FS & valuation report. Passing of Special Resolution in 4 weeks and approval from creditors with 2/3 rd in value withing 7 days of the Special resolution a corporate debtor with assets and income below a level as may be notified by the Central Government; or a corporate debtor with such class of creditors or such amount of debt as may be notified by the C Govt; or such other category of corporate persons as may be notified by the Central Government.
Appplicablity Commencement date Date of acceptance by AA or appointment of IR From date of resolution
Appplicablity Acceptance / Rejection 14 days & 7 days respectively by AA
Appplicablity Appointment criteria auditor – no, L&C 5% or more in last 3 years, Independent auditor – no, L&C 10% or more in any of the 3 years, Independent auditor – no, L&C 10% or more in last 3 years, Independent auditor – no, L&C 10% or more in last 3 years, Independent
Appointment Appointment of IRP – name proposed Notice – 7 days, appointment – 10 days NA NA
Appointment Appointment of IRP – not proposed Notice – 7 days, appointment – 10 days NA NA
Closure Max time period 180 + 90 days (max 1 extension) 2 years 6 months distribution, 1 year completion 90 + 45 days (max 1 extension)
Monetorium Intrim monetorium NA NA
Monetorium Monetorium Till the date of Resolution plan approval NA
Public Notice Public notice IRP Liquidator Liquidator IRP
Public Notice Form Form A Form B Schedule II Form A Form A
Public Notice Public notice 3 days of appointment 5 days of appointment 5 days of appointment 3 days of appointment
Public Notice Publicshed at Leading news paper (English & Local),
Registed / principle office/ corporate debtor conducts material business
operations;
Website of corporate debtor
Website of IBBI
Leading news paper (English & Local),
Registed / principle office / corporate debtor conducts material business
operations
Website of corporate debtor
Website of IBBI
Leading news paper (English & Local),
Registed / principle office
Website of corporate debtor
Website of IBBI
Leading news paper (English & Local),
Registed / principle office
Website of corporate debtor
Website of IBBI
Claims / COC Register claims 14 days & verify in 7 days, max upto 90 date from ICD 30 days & verify in 30 days, 14 days withdraw 30 days & verify in 30 days – claim to be lodged by email by FC 10 days & verify it in 7 days
Claims / COC Cost of public announcement Applicant Applicant Applicant Applicant
Claims / COC Foreign currency ICD date @ RBI LCD date @ RBI LCD date @ RBI FCD date @ RBI
Claims / COC Verification of claims 7 days from last date of registration of claim 30 days 30 days 7 days
Claims / COC COC FC or 18 largest OC by value + 1 rep of workmen + 1 rep of emp Stakeholder list to be prepared in 45 days from receipts of claim Stakeholder list to be prepared in 45 days from receipt of claim FC or 18 largest OC by value + 1 rep of workmen + 1 rep of emp
Claims / COC Formation date of COC 2 days of claim verification & 7 days 1 meeting of COC Not Applicable 21 days from appointment, first meeting in 7 days
Claims / COC Quorum 33% to call the meeting Not Applicable 33% to call the meeting
Claims / COC Notice time 5 days Not Applicable 7 days notice
Claims / COC Summoning / COC Not Applicable
Claims / COC Basis classes of creditor 2 IP per class Not Applicable 1 IP per class
Claims / COC Change in committee 2 days Not Applicable
Reports Pref transaction Related party, 2 years (Form Opinion in 75 days & Determine in 115 days, apply to AA in 135 days) Not Applicable
Reports Preliminary report / asset memo NA 75 days from LCD 45 days from LCD
Reports Resolution plan 5 days from provisional list, to be submitted 15 days before closure Not Applicable To be submitted 15 days before 90 days
Reports Information memo 2 weeks of appointment of RP but not later than 54 days Not Applicable 2 weeks
Reports Discharge order Not Applicable
RP Replacement of RP Not Applicable
RP Casual vacany Not Applicable
RV No. of RV 2 RV or 3 RV, withing 7 day max 47 days working of CIRP is useful or 7 days Not Applicable
RV Written consent of proposed RV Form AA Not Applicable
Finalisation Preservation 8 years (physical / electronic both) 8 years (physical / electronic both)
Forms Financial Creditor Form 1 + 25000 Not Applicable
Forms Confirmation by IIP Form 2 Not Applicable
Forms Demand Notice Form 3 Not Applicable
Forms Notice + Invoice Form 4 Not Applicable
Forms Operational Creditor Form 5 + 2000 Not Applicable
Forms Corporate applicant Form 6 + 25000 Not Applicable
Submission Stake Holders A
Submission Public Advertismenet A B A A
Submission Written consent of the  RP AA
Submission Written consent of the AR AB
Submission Operational Creditors B (in person / post / electronic) C B B
Submission Financial Creditors C (electronic) D C C
Submission Class of creditors CA (electronic)
Submission Workmen and Employees D (in person / post / electronic) E D D
Submission representatives of Workmen E F E E
Submission other stake holders F (in person / post / electronic) G F F
Submission Withdrawal of Application FA
Submission Invitation for EOI / RP G G
Submission Compliance Certificate H H
Transactions Fraud Transaction > 2 year (forensic)
Transactions Other Transaction Upto 2 year
Closure Dissolution letter 14 days 7 days
Closure Time frame 2 year min, 12 months
Reports to be Prepared
Preliminary Report
Capital structure
estimate of A&L
Progress Report – 15 days (must include asset sale report)
Asset Sale Report
Final Report
Onerous property – withinh 6 months from LCD to be informed to AA
Liquidator to inform his intention to the interested person within 1 month
Rajput Jain & Associates

Rajput Jain & Associates is a Chartered Accountants firm, with it's headquarter situated at New Delhi (the capital of India). The firm has been set up by a group of young, enthusiastic, highly skilled and motivated professionals who have taken experience from top consulting firms and are extensively experienced in their chosen fields has providing a wide array of Accounting, Auditing, Taxation, Assurance and Business advisory services to various clients and their stakeholders. Rajput jain & Associates, a professional firm, offers its clients a full range of services, To serve better and to bring bucket of services under one roof, the firm has merged with it various Chartered Accountancy firms pioneer in diversified fields. We have associates all over India in big cities. All our offices are well equipped with latest technological support with updated reference materials. We have a large team of professionals other than our Core Team members to meet the requirements of our prospective clients including the existing ones. However, considering our commitment towards high quality services to our clients, our team keeps on growing with more and more associates having strong professional background with good exposure in the related areas of responsibility.

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