Initiation of insolvency proceedings and practical problems
Law Aspire
(Querist) 07 July 2017
This query is : Open
Insolvency Resolution Process has been initiated against ABC Limited by NCLT by appointment of Mr.Shah , Resolution professional. The period within which the IRP process is to be completed by Mr. Shah is in 180 days.
During this period the powers of Board are dispensed and all the powers of Board and Management vests in the Interim Resolution Professional as per Section 17 of the Insolvency and Bankruptcy Code,2016.
Mr. Jain who is the Company Secretary of ABC Limited resigns during this process and intimates his resignation to Mr. Shah.
Now the Question is that who will be filing the e-form DIR-12 for the resignation of Mr. Jain with ROC.
As there is no option in the e-forms provided by MCA for affixing the Digital Signatures of Insolvency Resolution Professional.
Whether the Directors can File the e-form by affixing Digital Signature of any of the Directors. During the continuation of this process?
Rajendra K Goyal
(Expert) 07 July 2017
How are you concerned?
Seems moot court problem.
Law Aspire
(Querist) 10 July 2017
These are the practical issues going on in the Corporate World.
Rajendra K Goyal
(Expert) 16 July 2017
Academic query not attended, please submit if personal problem.
May submit in forum section.
Law Aspire
(Querist) 17 July 2017
this is not a academic query. Kindly reply after referring to Insolvency and Bankruptcy Code,2016 . This is a new Law and practical issues under insolvency proceedings
