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Code, 2016 (IBC) and its definitions of corporate applicant, financial debt
and operational debt. However, this is not a substitute for professional legal
advice and you should consult a qualified lawyer before taking any action.
According to S.5(5) of the IBC, a corporate applicant means:
a corporate debtor; or
a member or partner of the corporate debtor who is authorised to
make an application for the commencement of corporate insolvency
resolution process under this Code; or
an individual who is in charge of managing the operations and
resources of the corporate debtor; or
a person who has the control and supervision over the financial affairs
of the corporate debtor;
According to S.5(8) of the IBC, a financial debt means a debt along with
interest, if any, which is disbursed against the consideration for the time
value of money and includes:
Versus
And