Section 188: Establishment and incorporation of Board

Insolvency and Bankruptcy Code, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 188

Section 188 provides for the statutory establishment and incorporation of the Insolvency and Bankruptcy Board of India (IBBI) as the premier regulatory body governing insolvency in India.

  • Body Corporate Status: The Board is a body corporate having perpetual succession and a common seal, with power to acquire, hold, and dispose of property and to contract.
  • Head Office Location: The head office of the Board is situated at New Delhi or such other place as the Central Government may notify.
  • Statutory Capacity to Sue: The Board is statutorily empowered to sue and be sued in its corporate name in all legal and regulatory proceedings.
Key Landmark Precedents:
  • Swiss Ribbons Pvt. Ltd. v. Union of India (2019) 4 SCC 17: The Supreme Court recognized the IBBI as a specialized expert statutory regulator designed to oversee the entire insolvency ecosystem and develop market standards.
  • Dilip B. Jiwrajka v. Union of India (2024) 5 SCC 436: Affirmed the regulatory primacy of the IBBI in framing regulations and supervising insolvency professionals and institutional service providers.
Courtroom Practice & Strategic Litigation Guidance:

In litigations challenging the vires of insolvency regulations or circulars, the Insolvency and Bankruptcy Board of India must be arrayed as a necessary party respondent through its authorized legal officer.