Valuation under Insolvency & Bankruptcy Code, 2016 (IBC)

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Valuation under Insolvency and Bankruptcy Code 2016

IBC Law mandates the Insolvency Professional to appoint a Registered Valuer for the valuation of the Assets of:

Corporate Debtor undergoing Corporate Insolvency Resolution Process (CIRP)
Regulation 27 of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 mandate that an Insolvency Professional (IP) is required to appoint Registered Valuers for the determination of Fair Value and Liquidation value of the assets of the Corporate Debtor after initiation of CIRP by NCLT.
Corporate Debtor undergoing Liquidation

Regulation 35 of Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 mandate that in cases where Valuation of assets of the corporate debtor has not been conducted during CIRP, the liquidator shall appoint two registered valuers to determine the realizable value of the assets or businesses under clauses (a) to (f) of regulation 32 of the corporate debtor. As per the said regulations, a liquidator is allowed to seek valuation report for sale of assets on Standalone basis, in a slump sale, collectively or in parcels or Sale of the Corporate Debtor or its business as a going concern.
Corporate Debtor undergoing Fast Track Corporate Insolvency Resolution Process (FTCIRP)

Regulation 26 of Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017 mandate that an Insolvency Professional(IP) is required to appoint Registered Valuers for the determination of Fair Value and Liquidation value of the assets of the Corporate Debtor after initiation of FTCIRP by NCLT.

Corporate Debtor undergoing Voluntary Liquidation

Sec 59(3)(b)(ii) of the Insolvency and Bankruptcy Code, 2016 requires Corporate Debtor filing for voluntary liquidation to file a report of the valuation of the assets of the company prepared by a registered valuer where the Corporate Debtor has any assets.
Guarantors to Corporate Debtors and other Individuals (To be notified)

IBBI has released draft regulations for Individual Bankruptcy for comments from public and the same provide that the Bankruptcy trustee shall appoint a registered valuer for valuation of Assets of the Bankrupt.
The Insolvency Professional, Liquidator or Corporate Debtor, as the case may be, may appoint different valuers for different as- set classes or appoint a Registered Valuer Entity registered for all asset classes to keep one point of contact and obtain a Valu- ation Report where assumptions taken during valuation process by Registered Valuers of different asset classes are not conflicting.

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