Insolvency and Bankruptcy Board of India (Mechanism for Issuing Regulations) Regulations, 2018

Oct 23, 2018 | by Avantis RegTech Legal Research Team

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The Insolvency and Bankruptcy Board of India (IBBI) on October 22, 2018 has published Insolvency and Bankruptcy Board of India (Mechanism for Issuing Regulations) Regulations, 2018.

Some of the major regulations of Insolvency and Bankruptcy Board of India (Mechanism for Issuing Regulations) Regulations, 2018 are as under:

·         CHAPTER II: Making of Regulations:

o   Making Regulations:

The IBBI may make regulations to carry out the provisions of the Code in compliance with regulations 4 and 5.

o   Public Consultation:

1)      For the purpose of making regulations, the Board shall upload the following, with the approval of the Governing Board, on its website seeking comments from the public-

a)      draft of proposed regulations;

b)      the specific provision of the Code under which the IBBI proposes regulations;

c)       a statement of the problem that the proposed regulation seeks to address;

d)      an economic analysis of the proposed regulations under regulation 5; 

e)      a statement carrying norms advocated by international standard setting agencies and the international best practices, if any, relevant to the proposed regulation;

f)       the manner of implementation of the proposed regulations; and

g)      The manner, process and timelines for receiving comments from the public.  

2)      The Board shall allow at least twenty one days for public to submit their comments. 

3)      The Board shall consider the public comments received and upload the same on its website along with a general statement of its response on the comments, not later than the date of notification of regulations.   

4)      If the Governing Board decides to approve regulations in a form substantially different from the proposed regulations, it shall repeat the process under this regulation. 

5)      The regulations shall be notified promptly after it is approved by the Governing Board and the date of their enforcement shall ordinarily be after thirty days from the date of notification unless a different date is specified therein. 

6)          Without prejudice to provisions in this regulation, the IBBI may consult stakeholders and advisory committees, as it may consider appropriate for making regulations.

 

o   Economic Analysis:

1)      The IBBI shall cause an economic analysis of the proposed regulations to be made.

2)      The economic analysis shall cover the following:-

a)      expected costs to be incurred by, and the benefits that will accrue to, the society, economy, stakeholders and the Board, both directly and indirectly on account of the proposed regulation; and

b)      How the proposed regulations further strengthen the objectives of the Code.

 

·         CHAPTER III: Amendments and Review of Regulations:

o   Amendment of Regulations:

An amendment to any regulations shall be made in compliance with the provisions of Regulations 4 and 5.

o   Review of Regulations:

The Board shall review each regulation every three years unless a review is warranted earlier and amend or repeal any regulation, keeping in view:

a)      its objectives;

b)      its outcome;

c)       experience of its implementation; 

d)      experience of its enforcement and the related litigation;

e)      global best practices, if any;

f)       its relevance in the changed environment; and

g)      Any other factor considered relevant by the Board.

 

·         CHAPTER IV:MISCELLANOUS:

 

o   Urgent regulations:   

Where the Board is of the opinion that certain regulations are required to be made or existing regulations are required to be amended urgently, it may make regulations or amend the existing regulations, as the case may be, with the approval of Governing Board, without following the provisions of regulations 4 and 5.

o   Guidance on law.

The Regulations shall come into force on the date of their publication in the Official Gazette. The Regulations shall not apply to regulations made by the IBBI in respect of organizational matters.

[No. IBBI/2018-19/GN/REG038]

URL: https://ibbi.gov.in/webadmin/pdf/whatsnew/2018/Oct/Mechanism%20for%20issuing%20regulations%20October%20after%20Board%20meeting%20final_2018-10-22%2020:42:06.pdf


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