Law4u - Made in India

How Is The Committee Of Creditors (CoC) Constituted?

Answer By law4u team

The Committee of Creditors (CoC) is a vital decision-making body in the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code (IBC). It consists exclusively of financial creditors of the corporate debtor and is responsible for approving resolution plans, selecting the Resolution Professional, and overseeing the insolvency proceedings.

Procedure for Constituting the CoC

Appointment of Interim Resolution Professional (IRP)

Once the National Company Law Tribunal (NCLT) admits the insolvency application, it appoints an Interim Resolution Professional (IRP).

Identification and Verification of Financial Creditors

The IRP identifies all financial creditors of the corporate debtor and verifies their claims.

Calling the First Meeting

The IRP calls a meeting of all financial creditors within 30 days of his appointment.

Formation of CoC

At the first meeting, the financial creditors form the Committee of Creditors. Only financial creditors who have verified claims are members.

Determination of Voting Share

Each financial creditor’s voting power is proportional to the amount of their debt in relation to the total debt of all financial creditors.

Eligibility and Members

Only Financial Creditors

Operational creditors and other stakeholders are not members of the CoC.

Financial Creditors Include

Banks, financial institutions, debenture holders, bondholders, homebuyers (in real estate cases), and any other persons to whom financial debt is owed.

Role of the Committee of Creditors

  • Approve or reject resolution plans proposed for the corporate debtor.
  • Replace or confirm the Resolution Professional.
  • Approve key decisions like liquidation, withdrawal of application, or change in the resolution process.
  • Hold meetings and take decisions with a minimum 66% (two-thirds) majority vote.

Example

After the NCLT admits a CIRP application against a company, the appointed IRP identifies three banks as financial creditors:

  • Bank A with ₹50 crores
  • Bank B with ₹30 crores
  • Bank C with ₹20 crores

The IRP calls a meeting within 30 days to form the CoC. Voting shares will be:

  • Bank A: 50%
  • Bank B: 30%
  • Bank C: 20%

Together, they decide on a resolution plan requiring at least 66% approval.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Manikandan S

Advocate Manikandan S

Cheque Bounce, Civil, Criminal, Divorce, Muslim Law

Get Advice
Advocate Amit Kumar

Advocate Amit Kumar

Cheque Bounce, Anticipatory Bail, Family, Wills Trusts, Property, Succession Certificate, Divorce, Domestic Violence, Civil

Get Advice
Advocate Chandrakant Singh

Advocate Chandrakant Singh

Anticipatory Bail, Cheque Bounce, Criminal, Domestic Violence, Motor Accident

Get Advice
Advocate Vikas Chaturvedi

Advocate Vikas Chaturvedi

Civil, Criminal, High Court, Cyber Crime, Anticipatory Bail, Arbitration

Get Advice
Advocate Dileep Kumar Singh

Advocate Dileep Kumar Singh

High Court, Criminal, Child Custody, Court Marriage, Cheque Bounce, Domestic Violence, Family, Landlord & Tenant, Motor Accident, R.T.I

Get Advice
Advocate Pavan Kumar Nath

Advocate Pavan Kumar Nath

Tax, Cheque Bounce, Criminal, Customs & Central Excise, GST

Get Advice
Advocate Tusharsinh M Chavda

Advocate Tusharsinh M Chavda

Anticipatory Bail, Civil, Banking & Finance, Consumer Court, Criminal, Insurance, Labour & Service, Motor Accident, Property, R.T.I, Revenue

Get Advice
Advocate Naveen Ranga

Advocate Naveen Ranga

Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice

Marriage and Divorce Laws Related Questions

Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.