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Preliminary

Section 2. Application. –

The provisions of this Code shall apply to—

(a) any company incorporated under the Companies Act, 2013 (18 of 2013) or under any previous company law;

(b) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act;

(c) any Limited Liability Partnership incorporated under the Limited Liability Partnership Act, 2008 (6 of 2009);

(d) such other body incorporated under any law for the time being in force, as the Central
Government may, by notification, specify in this behalf; 1[***]

[2 (e) personal guarantors to corporate debtors;

CASE LAWS

1) Section 2(e) of the Code, which was brought into force on 23.11.2017 would, when it refers to the application of the Code to a personal guarantor of a CD applies only for limited purpose contained in sub-sections (2) and (3) of Section 60.

Reference: Hon’ble Supreme Court of India judgment dated 14.08.2018 in the matter of State Bank of India v. V. Ramakrishnan & Anr. in Civil Appeal No. 3695 of 2018 with 4553 of 2018

(f) partnership firms and proprietorship firms; and

(g) individuals, other than persons referred to in clause (e).]
in relation to their insolvency, liquidation, voluntary liquidation or bankruptcy, as the case may be.


1. The word “and” omitted by Act 8 of 2018, sec. 2(i) (w.r.e.f. 23-11-2017).
2. Subs. by Act No. 8 of 2018, sec. 2 (ii), for clause (e) (w.r.e.f. 23-11-2017). Clause (e), before substitution, stood as under:
“(e) partnership firms and individuals,”.

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