Check List for the Filling of An application U/s 10 of IBC, 2016
SL. NO. / PARTICULARS1. / Covering letter (Draft provided by SMSPL).on letter head of Corporate Debtor
2. / Name and Address of Directors of Corporate Debtors along with their respectiveKYC.
3. / Copy of Certificate of Incorporation & Certificate of Commencement of Business.
4. / MOA & AOA
5. / Shareholding - Pattern of the Company, List of shareholders holding more than 1% shares along with their address.
6 / Copy of Board Resolution and Power of Attorney for initiation of CIRP under IBC 2016. (draft provided by SMSPL) KYC of the POA holders.
7. / Names & Addresses of Financial Creditors, and amount of default till date. (Format by SMSPL).
8. / Names & Addresses of Operational Creditors, and amount of default till date. (Format by SMSPL).
9. / Copies of Sanction Letters issued by the Financial Creditors.
10. / Copies of Notice issued by FI/Banks informing default amount and demanding payment, Copyof the Financial Creditors U/s 13(2) of SARFAESI Act, 2002/ U/s 19 of Recovery of Debt Dues to Banks and Financial Institutions Act 1993/other act and their summons ( till date).
11. / Details of Corporate Guarantee and Personal Guarantee givento cover the debt of Corporate Debtors.
12. / Details of security held with Financial Creditors and its estimated value.
13. / Provisional Financials for current year(not earlier than 14 days prior to the application filling date)
14. / Copy of Audited Financials for last 2 financial years.
15. / Details of charges filed with Registrar of companies in respect of corporate debtor including copies of certificate of Registration of charges.
16. / Copy of loan documents signed with the banks/FI for creating charge.
17. / Details of BIFR case along with copy of BIFR registration, if any.
18. / To prepare history of default including CDR restructuring and sale to ARC
19. / List of assets and liabilities of the corporate debtor with estimated value assigned to each category
20. / Details of Statutory dues along with payment status.
21. / List of pending litigation by or against the corporate debtor.
22. / Details of dues to employees along with list of employees/workers.
23. / Details of debt owed by or to the corporate debtor by related parties.
24. / A note by the management on the background, business and factors leading to present situation.
25. / Appointment letter for IRP (draft will be provided by SMSPL) on your letter head
26. / Appointment of Advocate (draft will be provided by SMSPL) on legal paper
27. / Verification of the petition by the authorized signatories (draft will be provided by SMSPL) on legal paper
28. / Vakalatnama (draft by SMSPL) on legal paper
29. / Draft of 25000/- during filling of application in favour of “pay and accounts officer Ministry of Corporate Affairs payable at Delhi”.