IBC Regulations
Regulations 5. Appointment of professionals.—
(1) A bankruptcy trustee may appoint accountants, registered valuers, advocates or other professionals, as may be necessary, to assist him in the discharge of his duties, obligations and functions for a reasonable remuneration and such remuneration shall form part of the bankruptcy process cost:
Provided that the following persons shall not be appointed under this regulation, namely-
- (a) a relative of the bankruptcy trustee;
- (b) a partner or director of the insolvency professional entity of which the bankruptcy trustee is a partner or director;
- (c) an insolvency professional who has acted or is acting as an interim resolution professional, a resolution professional or a liquidator in respect of the corporate debtor;
- (d) an associate of the bankrupt;
- (e) a related party of the corporate debtor.
(2) Before appointing a professional under sub-regulation (1), the bankruptcy trustee shall obtain a disclosure of details of the existence of any pecuniary or personal relationship with any of the creditors, the bankruptcy trustee, the corporate debtor or the bankrupt, from the professional.