IBC Section 18: Duties of interim resolution professional

Section 18 of Insolvency and Bankruptcy Code, 2016: Duties of interim resolution professional

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The interim resolution professional shall perform the following duties, namely:-

(a) collect all information relating to the assets, finances and operations of the corporate debtor for determining the financial position of the corporate debtor, including information relating to-

(i) business operations for the previous two years;

(ii) financial and operational payments for the previous two years;

(iii) list of assets and liabilities as on the initiation date; and

(iv) such other matters as may be specified;

(b) receive and collate all the claims submitted by creditors to him, pursuant to the public announcement made under sections 13 and 15;

(c) constitute a committee of creditors;

(d) monitor the assets of the corporate debtor and manage its operations until a resolution professional is appointed by the committee of creditors;

(e) file information collected with the information utility, if necessary; and

(f) take control and custody of any asset over which the corporate debtor has ownership rights as recorded in the balance sheet of the corporate debtor, or with information utility or the depository of securities or any other registry that records the ownership of assets including-

(i) assets over which the corporate debtor has ownership rights which may be located in a foreign country;

(ii) assets that may or may not be in possession of the corporate debtor;

(iii) tangible assets, whether movable or immovable;

(iv) intangible assets including intellectual property;

(v) securities including shares held in any subsidiary of the corporate debtor, financial instruments, insurance policies;

(vi) assets subject to the determination of ownership by a court or authority;

(g) to perform such other duties as may be specified by the Board.

Explanation.-For the purposes of this section, the term "assets" shall not include the following, namely:-

(a) assets owned by a third party in possession of the corporate debtor held under trust or under contractual arrangements including bailment;

(b) assets of any Indian or foreign subsidiary of the corporate debtor; and

(c) such other assets as may be notified by the Central Government in consultation with any financial sector regulator.

1. Subs. by Act 26 of 2018, s. 13, for "may be specified" (w.e.f. 6-6-2018).

2. Ins. by s. 13, ibid. (w.e.f. 6-6-2018).

Legal Commentary & Landmark Judgments: Section 18

Section 18 outlines the statutory duties and investigative responsibilities of the Interim Resolution Professional (IRP) from the date of appointment until the constitution of the Committee of Creditors.

Duties of Interim Resolution Professional: Section 18 enumerates the statutory duties of the Interim Resolution Professional (IRP), including collecting information relating to business operations, financial condition, and assets of the corporate debtor.
Asset Custody & Management: The IRP is mandated to take custody and control of all assets over which the corporate debtor has ownership rights, excluding assets held in trust or third-party contractual rights.

Key Landmark Precedents:

Swiss Ribbons Pvt. Ltd. v. Union of India (2019) 4 SCC 17: Affirmed that the IRP acts as an administrative facilitator and custodian rather than a quasi-judicial adjudicator, tasked with collating claims and preserving corporate assets as a going concern.
Jignesh Shah v. Union of India (2019) 10 SCC 750: Emphasized the fiduciary duty of resolution professionals to rigorously examine asset ownership and maintain transparency during CIRP.

Legal Commentary:

Section 18 marks the physical and legal displacement of erstwhile management. The IRP assumes custodial oversight as an officer of the court, ensuring that corporate assets are insulated from illicit alienation or promoter diversion.