Law4u - Made in India

What Powers Does The CoC Have During CIRP?

Answer By law4u team

The Committee of Creditors (CoC) is the principal decision-making authority during the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code (IBC). The CoC exercises substantial control over the fate of the insolvent corporate debtor, including approving resolution plans or deciding liquidation, ensuring that the interests of financial creditors are safeguarded.

Powers of the Committee of Creditors

Approval of Resolution Plans

The CoC reviews and approves or rejects resolution plans submitted by prospective resolution applicants. Approval requires at least a 66% majority of voting share.

Appointment and Replacement of Resolution Professional (RP)

The CoC appoints the Resolution Professional after the interim period and has the authority to replace the RP if needed.

Deciding on Liquidation

If no viable resolution plan is approved within the stipulated time, the CoC can decide to initiate liquidation proceedings.

Extension of CIRP Timeline

The CoC may approve an extension of the CIRP beyond the initial 180 days (plus a 90-day extension) if necessary.

Approving Withdrawal of CIRP Application

Subject to NCLT approval, the CoC can approve withdrawal of the insolvency application if a settlement is reached.

Financial Decisions Related to the Corporate Debtor

The CoC authorizes significant financial decisions like selling assets, restructuring debts, or investments during the resolution process.

Overseeing Resolution Professional’s Actions

The CoC monitors and directs the RP’s activities to ensure transparency and efficiency in the process.

Delegation of Powers

The CoC may delegate specific powers to the RP or sub-committees as necessary.

Significance of CoC Powers

  • Empowers financial creditors to safeguard their investments.
  • Ensures collective decision-making based on the majority interest.
  • Balances interests between creditors and the debtor during insolvency.
  • Helps avoid arbitrary or unilateral decisions by any single creditor or management.

Example

During CIRP, a resolution applicant submits a plan proposing to revive the company by infusing new capital. The CoC, with 70% voting share, evaluates the plan and approves it. The CoC also replaces the initially appointed RP with another insolvency professional due to better expertise.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ajay Kumar

Advocate Ajay Kumar

Anticipatory Bail, Cheque Bounce, Civil, Corporate, Criminal, Documentation, High Court, Landlord & Tenant, NCLT, Property, Succession Certificate, Trademark & Copyright, Wills Trusts, Breach of Contract

Get Advice
Advocate Updesh Acharya

Advocate Updesh Acharya

Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Customs & Central Excise, Documentation, GST, High Court, Labour & Service, NCLT, Patent, Recovery, RERA, Startup, Tax, Trademark & Copyright, Revenue, Supreme Court, Armed Forces Tribunal

Get Advice
Advocate Zubair Khan

Advocate Zubair Khan

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, High Court, Landlord & Tenant, R.T.I, Supreme Court

Get Advice
Advocate Macharla Vijay Samrat

Advocate Macharla Vijay Samrat

Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Insurance, Property, R.T.I, Recovery, Succession Certificate

Get Advice
Advocate Rishikesh Jagdish Sharma

Advocate Rishikesh Jagdish Sharma

Anticipatory Bail, Cheque Bounce, Child Custody, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Succession Certificate, Supreme Court, Wills Trusts, Civil, Recovery

Get Advice
Advocate R V Bhalgariya

Advocate R V Bhalgariya

Anticipatory Bail, Breach of Contract, Civil, Criminal, Cheque Bounce, Domestic Violence, Cyber Crime, Family, High Court, Succession Certificate, Motor Accident, R.T.I, Property, Muslim Law, Divorce, Child Custody, Arbitration, Court Marriage, Consumer Court

Get Advice
Advocate Aryaa Nitin Shirodkar

Advocate Aryaa Nitin Shirodkar

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Domestic Violence, Family, High Court, Labour & Service, Property, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, Startup, Corporate, Criminal, Medical Negligence

Get Advice
Advocate Neeraj Kumar

Advocate Neeraj Kumar

Cheque Bounce,Consumer Court,Court Marriage,Divorce,Family,R.T.I,Succession Certificate,Criminal,Motor Accident,

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.