Regulations 4. Eligibility of resolution professional.—

• (1) An insolvency professional shall be eligible to be appointed as a resolution professional for a resolution process, if-

• (a) he, the insolvency professional entity of which he is a partner or a director, and all the partners and directors of the said insolvency professional entity are independent of the guarantor;
• (b) he is not subject to any ongoing disciplinary proceeding or a restraint order of the Board or of the insolvency professional agency of which he is a professional member; and
• (c) the insolvency professional entity of which he is a partner or a director, or any other partner or director of such insolvency professional entity does not represent any party in the resolution process.

Explanation.- For the purposes of this sub-regulation, –

• (i) a person shall be considered independent of the guarantor, if he-
  • (a) is not an associate of the guarantor;
  • (b) is not a related party of the corporate debtor; and
  • (c) has not acted or is not acting as interim resolution professional, resolution professional or liquidator in respect of the corporate debtor;
• (ii) the expression “related party” shall have the meaning assigned to it in sub-section (24) ofsection 5.

(2) An insolvency professional, other than who has filed an application under section 94 or section 95 on behalf of a guarantor or a creditor, as the case may be, shall provide a written consent in Form A to the Adjudicating Authority before his appointment as resolution professional in a resolution process.