Law4u - Made in India

What Is The Process For Submitting A Resolution Plan?

Answer By law4u team

A resolution plan is a strategy proposed by a resolution applicant to revive the corporate debtor during the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code (IBC). The process of submitting and approving the resolution plan is critical to the successful restructuring or revival of the insolvent company.

Process for Submitting a Resolution Plan

Eligibility of Resolution Applicants

Any person, including individuals, companies, financial institutions, or consortiums, except those disqualified under Section 29A of the IBC, can submit a resolution plan.

Applicants must be registered insolvency professionals or entities capable of managing the corporate debtor.

Invitation for Resolution Plans

The Resolution Professional (RP) issues a public invitation (request for resolution plans) after constituting the Committee of Creditors (CoC).

The invitation includes guidelines, timelines, and eligibility criteria.

Submission Timeline

Resolution applicants must submit their plans within the prescribed timeline fixed by the RP, typically within 90 days from the commencement of CIRP.

Extensions may be granted by the CoC if necessary.

Contents of the Resolution Plan

  • Details of the proposed restructuring or revival.
  • Financial restructuring, operational changes, management changes.
  • Means of funding the revival.
  • Compliance with laws and protection of interests of all stakeholders.

Evaluation by the Committee of Creditors

The CoC evaluates all submitted plans on commercial viability, feasibility, and compliance with regulatory requirements.

CoC may seek expert opinions or due diligence reports.

Approval of the Resolution Plan

The plan must be approved by at least 66% of the voting share of the CoC members.

After approval, the RP files the plan before the National Company Law Tribunal (NCLT) for final approval.

NCLT Sanction

The NCLT reviews the resolution plan to ensure it complies with the IBC and relevant laws.

Upon satisfaction, NCLT sanctions the plan, making it binding on all stakeholders.

Significance

  • Ensures a structured and transparent revival process.
  • Protects the rights of creditors, employees, and other stakeholders.
  • Provides legal certainty post NCLT approval.

Example

A consortium of investors submits a resolution plan proposing to invest ₹200 crores to revive a stressed manufacturing company. The RP invites plans, and the consortium submits their detailed proposal within 75 days. The CoC reviews the plan and approves it with 75% voting share. The RP then files the plan with the NCLT, which sanctions the plan after due consideration.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Gaurav Singh Pundir

Advocate Gaurav Singh Pundir

Anticipatory Bail,Cheque Bounce,Child Custody,Civil,Criminal,Cyber Crime,Divorce,Motor Accident

Get Advice
Advocate Bhupender Singh Kaushal

Advocate Bhupender Singh Kaushal

Cheque Bounce, Anticipatory Bail, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, R.T.I, Property, Revenue, Wills Trusts

Get Advice
Advocate Munkesh Saran

Advocate Munkesh Saran

Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, International Law, Motor Accident, Muslim Law

Get Advice
Advocate Rajesh Kumar Chaudhary

Advocate Rajesh Kumar Chaudhary

Civil, Cheque Bounce, Landlord & Tenant, Documentation, Family, Recovery, Property

Get Advice
Advocate Vikas Sharma

Advocate Vikas Sharma

Cheque Bounce, Court Marriage, Divorce, Domestic Violence, Family, Property, Wills Trusts, Revenue

Get Advice
Advocate Sudhakar Kumar

Advocate Sudhakar Kumar

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Subuddi L

Advocate Subuddi L

Family, Criminal, Civil, Divorce, Domestic Violence

Get Advice
Advocate Rajesh Singh

Advocate Rajesh Singh

Anticipatory Bail, Divorce, Domestic Violence, Family, High Court, Recovery, Civil, Consumer Court, Criminal

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.