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IBC Regulations

Regulations 8. Claims by financial creditors. —

A person claiming to be a 21[financial creditor, other than a financial creditor belonging to a class of creditors, shall submit claim with proof] to the interim resolution professional in electronic form in Form C of the Schedule:

Provided that such person may submit supplementary documents or clarifications in support of the claim before the constitution of the committee.

(2) The existence of debt due to the financial creditor may be proved on the basis of –

  • (a) the records available with an information utility, if any; or
  • (b) other relevant documents, including –
    • (i) a financial contract supported by financial statements as evidence of the debt;
    • (ii) a record evidencing that the amounts committed by the financial creditor to the corporate debtor under a facility has been drawn by the corporate debtor;
    • (iii) financial statements showing that the debt has not been 22[paid]; or
    • (iv) an order of a court or tribunal that has adjudicated upon the non-payment of a debt, if any.

21Substituted by Notification No. IBBI/2018-19/GN/REG031, dated 3rd July, 2018 (w.e.f. 04-07-2018). Before substitution the words stood as-

“financial creditor of the corporate debtor shall submit proof of claim”.

22Substituted by Notification No. IBBI/2018-19/GN/REG031, dated 3rd July, 2018 (w.e.f. 04-07-2018). Before substitution the words stood as –

“repaid”.

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