Reg IU
Reg IU
Reg IU
CHAPTER I
PRELIMINARY
(1) These Regulations may be called the Insolvency and Bankruptcy Board of India
(Information Utilities) Regulations, 2017.
(2) These Regulations shall come into force on 1st April, 2017.
2. Definitions.
(c) “Code” means the Insolvency and Bankruptcy Code, 2016 (31 of 2016) and
includes the rules, regulations, guidelines and directions issued thereunder;
(d) “control” shall have the meaning assigned to it under section 2(27) of the
Companies Act, 2013 (18 of 2013);
3 [(da) “financial information” means any public announcement made under the
Code, for the purposes of sub-clause (f) of clause (13) of section 3;]
1
Vide Notification No. IBBI/2016-17/GN/REG009, dated 31st March, 2017, published in the Gazette of India,
Extraordinary, Part III, Sec.4, vide No. 452, dated 31 st March, 2017 (w.e.f. 01.04.2017).
2
Inserted by Notification No. IBBI/2018-18/GN/REG034, dated 11th October, 2018 (w.e.f. 11-10-2018).
3
Inserted by Notification No. IBBI/2020-21/GN/REG065, dated 13th November, 2020 (w.e.f. 13-11-2020).
1
(e) “Governing Board” means the Board of Directors, as defined under section
2(10) of the Companies Act, 2013 (18 of 2013), of the company registered as
an information utility;
(f) “host bank” means the financial institution hosting the repayment account;
(g) “independent director” shall have the meaning assigned to it under section
149(6) of the Companies Act, 2013 (18 of 2013);
(i) “key managerial personnel” shall have the meaning assigned to it under
section 2(51) of the Companies Act, 2013 (18 of 2013);
(j) “net worth” shall have the meaning assigned to it under section 2(57) of the
Companies Act, 2013 (18 of 2013);
(l) “public company” shall have the meaning assigned to it under section 2(71)
of the Companies Act, 2013 (18 of 2013);
4
[(la) “record of default” means the status of authentication of default issued in
Form D of the Schedule.]
(m) “repayment account” means the bank account to which a debtor is obliged to
repay its debt, as recorded in an information utility;
(o) “secure systems” shall have the meaning assigned to it in section 2(1)(ze) of
the Information Technology Act, 2000 (21 of 2000);
(r) “Technical Standards” means the standards laid down by the Board through
guidelines issued under Regulation 13, from time to time; and
4
Inserted by Notification No. IBBI/2022-23/GN/REG085, dated 14th June, 2022 (w.e.f. 14-06-2022).
2
(s) “user” means a person who avails of the services of an information utility.
(2) Unless the context otherwise requires, words and expressions used and not defined
in these Regulations, shall have the meanings assigned to them in the Code.
CHAPTER II
REGISTRATION
3. Eligibility for registration.
(a) its sole object is to provide core services and other services under these
Regulations, and discharge such functions as may be necessary for providing
these services;
5[(e)***]
6[(f)***]
(g) the person itself, its promoters, its directors, its key managerial personnel, and
persons holding more than 5%, directly or indirectly, of its paid-up equity
share capital or its total voting power, are fit and proper persons:
Explanation: For determining whether a person is fit and proper under these
Regulations, the Board may take account of relevant considerations,
including-
5
Clause (e) omitted by Notification No. IBBI/2017-18/ GN/REG016 dated 29th September, 2017 (w.e.f. 29-09-2017).
Clause (e), prior to omission, stood as “(e ) it is not under control of person(s) resident outside India;”.
6
Clause (f) omitted by Notification No. IBBI/2017-18/ GN/REG016 dated 29th September, 2017 (w.e.f. 29-09-2017).
Clause (f), prior to omission, stood as “(f) not more than 49% of its total voting power or its paid -up equity share
capital is held, directly or indirectly, by persons resident outside India;”.
3
Provided that a person may be considered ‘fit and proper’ if he has been
sentenced to imprisonment for a period of less than six months;
Provided that a person shall not be considered ‘fit and proper’ if he has
been sentenced to imprisonment for a period (a) of not less than six
months, but less than seven years and a period of five years has not elapsed
from the date of expiry of the sentence, or (b) of seven years or more.
(1) A person eligible for registration as an information utility may make an application
to the Board in Form A of the Schedule, along with a non-refundable application
fee of 7[ten lakh] rupees.
(2) An information utility seeking renewal of registration shall, at least six months
before the expiry of its registration, make an application for renewal in Form A of
the Schedule, along with a non-refundable application fee of 8[ten lakh] rupees.
(3) The Board shall acknowledge an application made under this Regulation within
seven days of its receipt.
5. Disposal of application.
(1) The Board shall examine the application, and give an opportunity to the applicant
to remove the deficiencies, if any, in the application.
(2) The Board may require the applicant to submit, within reasonable time, additional
documents or clarification that it deems fit.
(3) The Board may require the applicant to appear, within reasonable time, before the
Board in person, or through its authorised representative for clarifications required
for processing the application.
(4) If the Board is satisfied, after such inspection or inquiry as it deems necessary, that
the applicant-
7
Substituted by Notification No. No. IBBI/2022-23/GN/REG/098 dated 20th September, 2022 (w.e.f. 20-09-2022).
Prior to substitution, it stood as “five lakh”.
8
Substituted by Notification No. No. IBBI/2022-23/GN/REG/098 dated 20th September, 2022 (w.e.f. 20-09-2022).
Prior to substitution, it stood as “five lakh”.
4
(a) is eligible under Regulation 3;
(b) has the technical competence and financial capacity required to function as an
information utility;
(c) has adequate infrastructure to provide services in accordance with the Code;
(d) has in its employment, persons having adequate professional and other
relevant experience, to provide services in accordance with the Code; and
(e) has complied with the conditions of the certificate of registration, if he has
submitted an application for renewal under Regulation 4(2)
(5) If, after considering an application made under Regulation 4, the Board is of the
prima facie opinion that the registration ought not to be granted or ought not to be
renewed, or be granted or renewed with additional conditions, it shall communicate
the reasons for forming such an opinion within forty-five days of receipt of the
application, excluding the time given by the Board for removing the deficiencies,
presenting additional documents or clarifications, or appearing in person, as the case
may be.
(6) The applicant shall submit an explanation as to why its application should be
accepted within fifteen days of the receipt of the communication under sub-
regulation (5), to enable the Board to form a final opinion.
(7) After considering the explanation, if any, given by the applicant under sub-
regulation (6), the Board shall communicate its decision to-
(8) The order rejecting an application for renewal of registration shall require the
information utility to-
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(b) continue its functions till such time as may be directed, to enable its users to
transfer information stored with it to another information utility; and
6. Conditions of registration.
(1) The certificate of registration shall be valid for a period of five years from the date
of issue.
(2) The certificate of registration shall be subject to the conditions that the information
utility shall–
(c) at all times after the grant of the certificate continue to satisfy the requirements
under Regulation 5(4);
(d) pay a fee of 9[one crore] rupees to the Board, within fifteen days of receipt of
intimation of registration or renewal from the Board, as applicable;
10
[
9
Substituted by Notification No. No. IBBI/2022-23/GN/REG/098 dated 20th September, 2022 (w.e.f. 20-09-2022).
Prior to substitution, it stood as “fifty lakh”.
10
Substituted by Notification No. No. IBBI/2022-23/GN/REG/098 dated 20th September, 2022 (w.e.f. 20-09-2022).
Prior to substitution, it stood as under: -
“(e) pay an annual fee of fifty lakh rupees to the Board, within fifteen days from the date of commencement of the
financial year:
Provided that no annual fee shall be payable in the financial year in which an information utility is granted
registration or renewal, as the case may be:
Provided further that without prejudice to any other action which the Board may take as it deems fit, any
delay in payment of fee by an information utility shall attract simple interest at the rate of twelve percent per annum
until paid.
Illustration
(a) Where an information utility is registered on 1 st December, 2016, it shall pay a fee of fifty lakh rupees within
fifteen days of receipt of intimation of registration. No further payment is required to be made for the financial year
2016-17. The annual fee of fifty lakh rupees for the financial year 2017-18 becomes due on 1st April, 2017 and the
same shall be paid on or before 15th April, 2017 and so on.
(b) Where the annual fee is paid on 20 th April, 2017, interest at the rate of twelve percent per annum shall be paid
for the delay of five days.”
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(e) pay to the Board, a fee calculated at the rate of ten per cent. of the turnover
from the services as an information utility rendered in the preceding financial
year, on or before 30th April every year:
Provided that without prejudice to any other action which the Board may take as it deems
fit, any delay in payment of fee by an information utility shall attract simple interest at the
rate of twelve percent per annum.
Illustration
Where an information utility generates turnover amounting to Rs. 75 crore in the
financial year 2022-23, it is liable to pay fee of Rs. 7.50 crore to the Board on or before
30th April 2023.]
(g) intimate the Board if a person holding more than five per cent, directly or
indirectly, of its paid-up equity share capital or total voting power ceases to
hold at least five per cent, directly or indirectly, of its paid-up equity share
capital or total voting power, within fifteen days from such cessation;
(i) take over information stored with other information utilities on the directions
of and in the manner directed by the Board, and provide core services to their
users; and
(j) abide by such other conditions as may be stipulated by the Board.
7. In-principle approval.
7
(1) Any person who seeks to establish an information utility may make an application
for an in-principle approval, demonstrating that the conditions in sub-regulation (2)
are satisfied, along with a non-refundable application fee of five lakh rupees.
(2) If the Board is satisfied, after such inspection or inquiry as it deems necessary, that-
(b) the proposed or existing company which may receive registration would be
able to meet the eligibility criteria under Regulation 3,
it may grant in-principle approval which shall be valid for a period not exceeding
one year and be subject to such conditions as it deems fit.
(3) During the validity of in-principle approval, the company referred to in sub-
regulation 2(b) may make an application for a certificate of registration as an
information utility to the Board in accordance with Regulation 4, but shall not be
required to pay the application fee for registration.
CHAPTER III
8. Shareholding.
(1) No person shall at any time, directly or indirectly, either by itself or together with
persons acting in concert, acquire or hold more than ten per cent of the paid-up
equity share capital or total voting power of an information utility:
Provided that the following persons may, directly or indirectly, either by themselves
or together in concert, acquire or hold up to twenty-five percent of the paid-up
equity share capital or total voting power of an information utility :-
(c) depository;
(d) bank;
(e) insurance company; and
8
(2) 11[Notwithstanding anything to the contrary contained in sub-regulation (1) –
(a) a person may, directly or indirectly, either by itself or together with persons
acting in concert, hold up to fifty-one percent of the paid-up equity share
capital or total voting power of an information utility up to three years from
the date of its registration; or
Provided that the information utility is registered before 30th September, 2018.]
(3) The provisions of this Regulation shall not apply to the holding of shares or voting
power by the Central Government or a State Government.
“8(2). Notwithstanding anything to the contrary contained in sub-regulation (1), a person resident in India
may, directly or indirectly, either by itself or together with persons acting in concert, hold up to fifty-one percent of
the paid-up equity share capital or total voting power of an information utility till the expiry of three years from the
date of its registration, or such period as may be extended by the Board.”
12
Substituted by Notification No. IBBI/2018-19/GN/REG034 dated 11th October, 2018 (w.e.f. 11-10-2018).
Regulation 9, before substitution stood as under :
“9. Composition of the Governing Board.
(1) More than half of the directors of an information utility shall be independent directors at the time of
their appointment, and at all times during their tenure as directors:
Provided that no meeting of the Governing Board shall be held without the presence of at least
one independent director.
12
[(1A) More than half of the directors of an information utility shall be Indian nationals and resident in
India]
(2) The directors shall elect an independent director as the Chairperson of the Governing Board:
Explanation- For the purposes of this Regulation, any fraction contained in ‘more than half’ shall be
rounded off to the next higher number.”
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(c) shareholder directors:
Provided that more than half of the directors shall be citizens of India and shall be
residents in India.
(2) The managing director shall not be considered either an independent director or a
shareholder director.
(3) Any employee of an information utility may be appointed as a director on its Governing
Board in addition to the managing director, but such director shall be deemed to be a
shareholder director.
(4) The number of independent directors shall not be less than the number of shareholder
directors:
Provided that no meeting of the Governing Board shall be held without the presence
of at least one independent director.
(6) An independent director shall be nominated by the Board from amongst the list of names
proposed by the information utility.
(7) An individual may serve as an independent director for a maximum of two terms of three
years each or part thereof, or up to the age of 13[seventy-five years], whichever is earlier.
(8) The second term referred to in sub-regulation (7) may be subject to a satisfactory
performance review of the first term by the Governing Board.
(9) A cooling off period of three years shall be applicable for an independent director to
become a shareholder director in the same or another information utility.
(10) The directors shall elect an independent director as the Chairperson of the Governing
Board.
(11) A director, who has any interest, direct or indirect, pecuniary or otherwise, in any matter
coming up for consideration at a meeting of the Governing Board or any of its Committees,
shall as soon as possible after relevant circumstances have come to his knowledge, disclose
the nature of his interest at such meeting and such disclosure shall be recorded in the
13
Substituted by Notification No. IBBI/2019-20/GN/REG046 dated 25th July, 2019 (w.e.f. 25-01-2019). Prior to
substitution it stood as: “seventy years”.
10
proceedings of the Governing Board or the Committee, as the case may be, and the director
shall not take part in any deliberation or decision of the Governing Board or the
Committee with respect to that matter.
(2) The appointment of an individual as the managing director shall be for a tenure of not less
than three years but not exceeding five years.
(3) An individual may serve as managing director for a maximum of two terms.
(4) The process of appointment for the second term as managing director shall be conducted
afresh.
(5) The appointment and remuneration payable to the managing director shall be approved by a
compensation committee constituted by the Governing Board.
(6) The appointment, renewal of appointment and termination of service of the managing director
shall be subject to prior approval of the Board.
(7) The managing director shall be liable for removal or termination of services by the Governing
Board, with the prior approval of the Board, for failure to give effect to the directions, guidelines
and other orders issued by the Governing Board or the Board, or the rules, the articles of
association or bye-laws of the information utility or on the ground of misconduct or incapacity to
continue in office.
(8) The Board may suo motu remove or terminate the services of the managing director, if it
deems fit, in the interest of stakeholders of the insolvency resolution process or in the public
interest, after giving a reasonable opportunity of being heard.
9B. Compliance. - Every information utility registered as on the date of commencement of the
Insolvency and Bankruptcy Board of India (Information Utilities) (Second Amendment)
Regulations, 2018, shall comply with regulations 9 and 9A, within one year from the date of
such commencement.]
11
(1) An information utility may constitute a Regulatory Committee from amongst the
independent directors.
(2) The Regulatory Committee, if constituted, shall oversee the information utility’s
compliance with the Code.
(3) The compliance officer shall report to the Regulatory Committee, wherever
constituted.
(1) An information utility shall designate or appoint a compliance officer who shall be
responsible for ensuring compliance with the provisions of the Code applicable to
the information utility, in letter and spirit.
(2) The compliance officer shall, immediately and independently, report to the Board
any non-compliance of any provision of the Code observed by him.
(3) The compliance officer shall submit a compliance certificate to the Board annually,
verifying that the information utility has complied with the requirements of the
Code, and has redressed customer grievances.
(4) The Governing Board shall appoint or remove a compliance officer only by means
of a resolution passed at its meeting.
(1) An information utility shall have a Grievance Redressal Policy to deal with any
grievance from -
i. any user; or
ii. any other person or class of persons as may be provided by the Governing
Board
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iv. maximum time and format for acknowledging receipt of a grievance;
CHAPTER IV
TECHNICAL STANDARDS AND BYE-LAWS
(1) The Board may lay down Technical Standards, through guidelines, for the
performance of core services and other services under these Regulations.
(2) Without prejudice to the generality of sub-regulation (1), the Board may lay down
Technical Standards for all or any of the following matters, namely :-
13
(f) identification and verification of persons;
The Board shall lay down the Technical Standards based on the recommendations
of a Technical Committee constituted by it.
(1) The Technical Committee shall comprise of at least three members who have
special knowledge and experience in the field of law, finance, economics,
information technology or data management.
(2) The Board may invite the Chief Executive Officers or managing directors of
information utilities to attend the meetings of the Technical Committee.
(1) An information utility, for the conduct of its operations, shall have bye-laws
consistent with the Code.
14
(2) The bye-laws shall be consistent with, and provide for all matters contained in the
Technical Standards, if any.
(3) Without prejudice to the generality of sub-regulation (1), the bye-laws shall provide
for-
(a) the manner and process of providing core services and other services under
these Regulations;
14
[(ba) minimum service quality standards, including timelines for -
(i) registration of users,
(ii) issuance of record of default, and
(iii) issuance of annual statement to registered users.
(bb) adoption of quality standards and quality standards certifications.]
(4) The bye-laws of the information utility, as amended from time to time, shall be
published on its website.
(1) The Governing Board may amend the bye-laws of the information utility by a
resolution passed by votes in favour being not less than three times the number of
the votes, if any, cast against the resolution, by the directors.
(2) A resolution passed in accordance with sub-regulation (1) shall be filed with the
Board within seven days from the date of its passing, for its approval.
(3) The amendments to the bye-laws shall come into effect on the seventh day of the
receipt of the approval under sub-regulation (2), unless otherwise directed by the
Board.
(4) The information utility shall file a printed copy of the amended bye-laws with the
Board within fifteen days from the date when such amendment is made effective.
(5) Notwithstanding anything to the contrary contained in this Regulation, the Board
may direct an information utility to amend any provision in its bye-laws.
14
Inserted by Notification No. IBBI/2021-22/GN/REG072, dated 13th April 2021 (w.e.f. 13-04-2021).
15
CHAPTER V
CORE SERVICES
(b) other services under these Regulations; in accordance with the Code.
(2) An information utility may provide services incidental to the services under sub-
regulation (1), with the permission of the Board.
(3) An information utility shall comply with the applicable Technical Standards, while
providing services.
(2) The information utility shall verify the identity of the person under sub-regulation
(1) and grant registration.
(3) Upon registration of a person under sub-regulation (2), the information utility shall
intimate it of its unique identifier.
(4) A person registered once with an information utility shall not register itself with any
information utility again.
(5) An information utility shall provide a registered user a functionality to enable its
authorised representatives to carry on the activities in sub-regulation (1) on its
behalf.
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(a) maintain a list of the
(iii) the unique identifiers assigned to the debts under Regulation 20.
(b) make the list under clause (a) available to all information utilities and the
Board.
(2) Different parties to the same transaction may use different information utilities to
submit, or access information in respect of the same transaction:
(3) A user may access information stored with an information utility through any
information utility.
15
[(1A) Before filing an application to initiate corporate insolvency resolution process
under section 7 or 9, as the case may be, the creditor shall file the information of
default, with the information utility and the information utility shall process the
information for the purpose of issuing record of default in accordance with
regulation 21.]
16
(2) On receipt of the information submitted under sub-regulation (1) [or sub-
regulation (1A), as the case may be], the information utility shall-
15
Inserted by Notification No. IBBI/2022-23/GN/REG085, dated 14th June, 2022 (w.e.f. 14-06-2022).
16
Inserted by Notification No. IBBI/2022-23/GN/REG085, dated 14th June, 2022 (w.e.f. 14-06-2022).
17
(b) acknowledge its receipt, and notify the user of-
(iii) the manner in which the information may be accessed by other parties.
(1) An information utility shall expeditiously undertake the process of authentication and
verification of information of default as soon as it is received.
(2) For the purpose of sub-regulation (1), the information utility shall-
(a) deliver the information of default to the debtor seeking confirmation of the same within
the time specified in the Technical Standards;
(b) remind the debtor at least three times for confirmation of information of default, in case
the debtor does not respond, allow three days each time for the debtor to respond;
(c) deliver the information of default or the reminder, as the case may be, to the debtor either
by hand, post or electronic means at the postal or e-mail address of the debtor-
(i) registered with the information utility by him, failing which,
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(ii) [recorded with MCA 21 and the Central Registry of Securitisation Asset
Reconstruction and Security Interest of India (CERSAI) registry as repositories or
any other statutory repository as approved by the Board, failing which,]
(iii) submitted in Form C of the Schedule.
17
Substituted by Notification No. IBBI/2019-20/GN/REG046 dated 25th July, 2019 (w.e.f. 25-01-2019). Prior to
substitution it stood as under:
“17. Information of default.
(1) On receipt of information of default, an information utility shall expeditiously undertake the processes of
authentication and verification of the information.
(2) On completion of the processes of authentication and verification under sub-regulation (1), the information
utility shall communicate the information of default, and the status of authentication to registered users who
are-
(a) creditors of the debtor who has defaulted;
(b) parties and sureties, if any, to the debt in respect of which the information of default has been received.”
18
Substituted by Notification No. IBBI/2022-23/GN/REG085, dated 14th June, 2022 (w.e.f. 14-06-2022). Prior to
substitution it stood as under: “Information of default”.
19
Substituted by Notification No. IBBI/2022-23/GN/REG085, dated 14th June, 2022 (w.e.f. 14-06-2022). Prior to
substitution it stood as under: “(ii) recorded with any other statutory repository as approved by the Board, failing
which”
18
20
[(3) On completion of the process under sub-regulation (2), the information utility shall record
the status of authentication of information of default as indicated in the following Tables:
TABLE-1
Provided that in case of financial creditors which are banks included in the second
schedule of the Reserve Bank of India Act, 1934, the information utilities will record the
status of authentication of information of default as indicated in the Table 2 below:
TABLE-2
(4) After recording the status of information of default under sub-regulation (3), the
information utility shall communicate the status of authentication in physical or electronic
20
Substituted by Notification No. IBBI/2022-23/GN/REG085, dated 14th June, 2022 (w.e.f. 14-06-2022). Prior to
substitution it stood as under: “(3) On completion of the process under sub-regulation (2), the information utility
shall record the status of authentication of information of default as indicated in the Table below:
Table
Sl. Response of the Debtor Status of Authentication Colour of
No. the Status
(1) (2) (3) (4)
1 Debtor confirms the information of default Authenticated Green
2 Debtor disputes the information of default Disputed Red
3 Debtor does not respond even after three reminders Deemed to be Authenticated Yellow
(4) After recording the status of information of default under sub-regulation (3), the information utility shall
communicate the status of authentication in physical or electronic form of the relevant colour, as indicated in column
(4) of the Table thereof, to the registered users who are-
(a) creditors of the debtor who has defaulted;
(b) parties and sureties, if any, to the debt in respect of which the information of default has been received.”
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form of the relevant colour, as indicated in column (4) of the Tables 1 or 2, as the case
may be, by issuing a record of default in Form D of the Schedule, to the registered users
who are-
(a) creditors of the debtor who has defaulted in payment of a debt;
(b) parties and sureties, if any, to the debt in respect of which the information of default
has been received.]
An information utility shall disseminate every public announcement it receives or has access to,
on the date of its receipt or access, as the case may be, to its registered users, who are creditors
of the corporate debtor undergoing insolvency proceeding under the Code.]
(1) An information utility shall store all information in a facility located in India.
(2) The facility under sub-regulation (1) shall be governed by the laws of India.
(1) An information utility shall allow the following persons to access information
stored with it-
(b) all the parties to the debt and the host bank, if any, if the information is of the
categories in section 3(13)(a), (c) and (d);
(c) the corporate person and its auditor, if the information is of the categories in
section 3(13)(b) and (e);
21
Inserted by Notification No. IBBI/2020-21/GN/REG065, dated 13th November, 2020 (w.e.f. 13-11-2020).
20
(g) any person authorised to access the information under any other law; and
(h) any other person who the persons referred to in (a), (b) or (c) have consented
to share the information with.
(2) An information utility shall in all cases enable the user to view-
(3) An information utility shall provide information to the Adjudicating Authority and
Board free of charge.
(2) The functionality under sub-regulation (1) shall enable other information utilities to
provide access to information to the user directly.
(1) An information utility shall provide every user an annual statement of all
information pertaining to the user, free of charge.
(2) An information utility shall provide the user a functionality to mark information as
erroneous and correct it.
(1) An information utility may import information from such registries as may be
notified by the Board from time to time.
(2) An information utility shall render the core services under section 3 (9) (b), (c) and
(d) in accordance with these Regulations for the information imported under sub-
regulation (1).
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27. Duties of the user.
22
[(1) A user, who has submitted information in Form C of the Schedule to an
information utility, shall submit the information updated as on the last day of every month,
in the first week of following month:
Provided that information of default shall be updated within seven days of
occurrence of default.]
(2) A user shall expeditiously correct information as soon as it finds it erroneous,
stating the reasons, if any.
CHAPTER VI
DUTIES OF INFORMATION UTILITIES
(1) An information utility shall provide services with due and reasonable care, skill and
diligence.
29. Non-discrimination.
Explanation: An information utility shall not deny its services to any person on the basis
of-
(a) place of residence or business; or
(c) establish adequate procedures and facilities to ensure that its records are
protected against loss or destruction;
22
Substituted by Notification No. IBBI/2021-22/GN/REG072 dated 13th April, 2021 (w.e.f. 13-04-2021). Prior to
substitution, it stood as under: -
“(1) A user shall expeditiously update the information submitted by it to an information utility.”
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(d) adopt secure systems for information flows;
(e) protect its data processing systems against unauthorised access, alteration,
destruction, disclosure or dissemination of information; and
(f) transfer all the information submitted by a user, and stored with it to another
information utility on the request of the user.
(b) use the information stored with it for any purpose other than providing
services under these Regulations, without the prior approval of the Board;
(c) seek data or details of users except as required for the provision of the services
under these Regulations.
31. Insurance.
An information utility shall make adequate arrangements, including insurance, for
indemnifying the users for losses that may be caused to them by any wrongful act,
negligence or default of the information utility, its employees or any other person whose
services are used for the provision of services under these Regulations.
32. Fee.
(a) charge uniform fee for providing the same service to different users;
(b) disclose the fee structure for provision of services on its website; and
(c) disclose any proposed increase in the fees for the provision of services on its
website at least three months before the increase in fees is effected.
(b) providing access to information shall not exceed the fee charged for
submission of information to the information utility.
23
An information utility shall establish an appropriate risk management framework in
accordance with the Technical Standards, if any, which provides for matters, including-
(c) business continuity plans which shall include disaster recovery sites.
(2) The auditor appointed under sub-regulation (1) shall submit are port to the
Governing Board.
(3) The information utility shall submit the report received under sub-regulation (2),
along with the comments of the Governing Board, if any, to the Board within one
month from the receipt of the report from the external auditor.
(1) An information utility shall have a Preservation Policy providing for the form,
manner and duration of preservation of–
(b) details of the transactions of the information utility with each user in respect
of the information stored with it.
(2) The Preservation Policy shall be consistent with the Technical Standards, if any.
(1) An information utility shall provide such information as may be required by the
Board.
24
(a) number and types of records collected;
(i) number of times information was accessed by the Adjudicating Authority and
Board; and
(1) An information utility shall publish statistics relating to debt related information in
its possession, quarterly.
(2) The statistics in sub-regulation (1) shall provide distribution of debts in terms of
currency, geography, sector, size, tenor, type, lending arrangement, and incidence of
default.]
37. Inspection.
(1) Without prejudice to the provisions of sections 217-220, the Board shall inspect an
information utility with such periodicity as may be considered necessary.
(2) An information utility shall extend all assistance and co-operation to the Board to
carry out an inspection under sub-regulation (1).
23
Inserted by Notification No. IBBI/2021-22/GN/REG072, dated 13th April 2021 (w.e.f. 13-04-2021).
25
CHAPTER VII
SERVICES TO INSOLVENCY PROFESSIONALS
(1) An insolvency professional may submit reports, registers and minutes in respect of
any insolvency resolution, liquidation or bankruptcy proceedings to an information
utility for storage.
(2) The information utility shall not provide access to the reports, registers and minutes
submitted under sub-regulation (1) to any person other than the concerned
insolvency professional, the Board or the Adjudicating Authority.
(3) The information utility shall discharge the duties specified in Chapter VI in respect
of the reports, registers and minutes submitted under sub-regulation (1).
CHAPTER VIII
SURRENDER OR CANCELLATION OF REGISTRATION
(1) An information utility shall, at all times, have an exit management plan which shall
include-
(c) timelines and cost estimates of implementing the exit management plan.
(2) An information utility shall not amend its exit management plan without the prior
approval of the Board.
(1) An information utility may submit an application for surrender of its certificate of
registration to the Board, providing -
26
(c) details of how the exit management plan shall be implemented.
(2) The Board shall within seven days of receipt of the application, publish a notice of
receipt of such application on its website and invite objections to the surrender of
registration to be submitted within fourteen days of the publication of the notice.
(3) After considering the application and the objections received, if any, the Board may,
within thirty days from the last date for submission of objections, approve the
application for surrender of registration subject to such conditions as it deems fit.
(4) The approval under sub-regulation (3) may require the information utility to-
(5) The Board, after being satisfied that the requirements of sub-regulation (4) have
been complied with, shall publish a notice on its website stating that the surrender
of registration by the information utility has taken effect.
(a) the provisions of the Code under which it has been issued;
(d) the provisions of the Code allegedly violated, or the manner in which the
public interest has allegedly been affected;
(e) the actions or directions that the Board proposes to take or issue if the
allegations are established;
(f) the manner in which the information utility is required to respond to the show-
cause notice;
27
(g) consequences of failure to respond to the show-cause notice within the given
time; and
(3) The show-cause notice shall enclose copies of relevant documents and extracts of
relevant portions from the report of investigation or inspection, or other records.
(4) A show-cause notice issued shall be served on the information utility in the
following manner-
(5) The Disciplinary Committee shall dispose of the show-cause notice by a reasoned
order in adherence to principles of natural justice.
(6) The Disciplinary Committee shall endeavor to dispose of the show-cause notice
within a period of six months of the issue of the show-cause notice.
(a) no action;
(b) warning;
(d) a reference to the Board to take any action under section 220(5).
24
(8) [The disciplinary proceedings shall be conducted in accordance with the
provisions of the Insolvency and Bankruptcy Board of India (Inspection and
Investigation) Regulations, 2017.]
(9) The order passed under sub-regulation (7) shall be issued to the information utility
immediately, and be published on the website of the Board.
24
Substituted by Notification No. IBBI/2022-23/GN/REG085, dated 14th June, 2022 (w.e.f. 14-06-2022). Prior to
substitution it stood as under:”(8) The order passed under sub-regulation (7) shall not become effective until thirty
days have elapsed from the date of issue of the order, unless the Disciplinary Committee states otherwise in the order
along with the reasons for the same.”
28
(10) If the order passed under sub-regulation (7) suspends or cancels the registration of
the information utility, the Disciplinary Committee may require the information
utility to-
(b) continue its functions till such time as may be directed, only to enable users
to transfer information stored with it to another information utility; and
42. Appeal.
An appeal may be preferred under section 211, within a period of thirty days of receipt
of the order, in the manner prescribed in Part III of the 25 [National Company Law
Appellate Tribunal Rules, 2016].
SCHEDULE
FORM A
APPLICATION FOR CERTIFICATE OF REGISTRATION
(Under Regulation 4 of the Insolvency and Bankruptcy Board of India (Information Utilities)
Regulations, 2017)
To
The Chairperson
The Insolvency and Bankruptcy Board of India
[Insert address]
From
[Name and address]
Madam/Sir,
1. I, being duly authorized for the purpose, hereby apply on behalf of [name and address of
the applicant] for
25
Substituted by Notification No. IBBI/2017-18/GN/REG029 dated 27th March, 2018 (w.e.f. 01-04-2018). The words
and figures before substitution, stood as under:
“National Company Law Tribunal Rules, 2016”.
29
(b) renewal of certificate of registration as information utility,
and enclose a copy of the board resolution authorizing me to make this application to
and correspond with the Board in this respect.
2. A copy of
(a) the memorandum of association,
(b) the articles of association,
(c) the bye-laws,
(d) the business plan and
(e) the exit management plan of the applicant is enclosed.
3. I, on behalf of [insert name], affirm that the applicant is eligible to be registered as an
information utility.
(a) all information contained in this application is true and correct in all material
respects,
(b) no material information relevant for the purpose of this application has been
suppressed, and
Yours faithfully,
Sd/-
Authorized Signatory
(Name)
(Designation)
Date :
Place :
30
ANNEXURE TO FORM A
PART I
GENERAL
4. PAN.
5. Name, designation and contact details of the person authorized to make this application
and correspond with the Board in this respect.
26
[PART II]
MEMORANDUM OF ASSOCIATION, ARTICLES OF ASSOCIATION AND BYE-
LAWS
PART III
SHAREHOLDING AND FINANCIAL STRENGTH
7. Please provide details of the persons holding more than 5%, directly or indirectly, of the
paid-up equity share capital or total voting power of the applicant.
8. Do persons resident outside India in aggregate hold more than 49% of the paid-up equity
share capital or total voting power of the applicant? Please provide details.
26
Inserted by Notification No. IBBI/2017-18/GN/REG029 dated 27th March, 2018 (w.e.f. 01-04-2018).
31
9. Who exercises control over the applicant? Please provide details.
10. Do persons resident outside India exercise control over the applicant? If so, please
provide details.
PART IV
DIRECTORS AND EMPLOYEES
12. Please provide the details of the applicant’s Board of Directors, key managerial personnel
and compliance officer, if any:
Sl. No. Name and address of the director DIN and PAN
PART V
INFRASTRUCTURE
14. Please provide the details of infrastructure the applicant currently has and proposes to
have to enable it to discharge its functions as an information utility, including-
a. Technology
b. Data Security
c. Facilities for hosting the data center
d. Grievance redressal and disciplinary proceedings
e. Any further plan for additional/ improved infrastructure to be indicated.
PART VI
BUSINESS PLAN
16. Please provide the time frame in which the applicant will be able to provide the services
of an information utility from the date of registration.
32
PART VII
EXIT MANAGEMENT PLAN
17. Please provide a summary of the applicant’s Exit Management Plan, including the manner
in which users will be enabled to transfer their information to other utilities.
PART VIII
FIT AND PROPER CRITERIA
18. Please provide information to demonstrate that the persons holding more than 5% of the
paid-up equity share capital or total voting power of the company, the promoters, the key
managerial personnel, the directors of the applicant and the applicant are fit and proper
persons.
Sl. Name Relati DIN/ Details of Details of Is the person Details Any
No onship CIN/ conviction restraining an pertaining to other
. to the PAN orders, if orders, if undischarged the character, inform
applic any, against any, against insolvent or reputation and ation
ant the person the person bankrupt? If integrity of the
yes, please person
provide details
PART IX
COMPLIANCE
[For applications for renewal of registration]
19. Please provide details of the information utility’s compliance with the conditions of its
certificate of registration.
20. Please provide details of the information utility’s compliance with the Code, rules,
regulations, guidelines and directions thereunder, during the period of registration.
Please provide any other details you consider relevant in support of the application.
Sd/-
Authorized Signatory
(Name)
(Designation)
Date :
Place :
33
FORM B
(Under Regulation 5 of the Insolvency and Bankruptcy Board of India (Information Utilities)
Regulations, 2017)
The Insolvency and Bankruptcy Board of India hereby grants/ renews this /the certificate of
registration to/of _____[insert name and address] to act as an information utility in
accordance with the Insolvency and Bankruptcy Code, 2016.
The certificate of registration is valid from [insert start date] to [insert end date] and may be
renewed.
Sd/-
(Name and Designation)
(For and on behalf of Insolvency and Bankruptcy Board of India)
Place :
Date :
27
[FORM C
Under regulation 20 of the Insolvency and Bankruptcy Board of India (Information Utilities)
Regulations, 2017.
(Note: Information may be accepted in this Form with necessary modifications as the information
utility deems fit.)
27
Substituted by Notification No. IBBI/2021-22/GN/REG072 dated 13th April, 2021 (w.e.f. 13-04-2021).
34
1 Business date
(The information will be as on date. For example, data of 30th April 2020
submitted even on a later date, say on 05th May 2020, will be as on the
business date – 30th April 2020)
2 UIN (PAN)
3 Full Name
(Please provide your First, Middle and Last name without salutations)
4 Relationship
(Debtor/Creditor/ Guarantor/ Co-obligant / Security Provider / Assignee)
5 Date of Birth/ Date of incorporation
6 Communication address
7 PIN Code
8 Telephone No.
9 Mobile No.
10 Email ID-1
(for Submission acknowledgment, other submission related messages or
any other general purpose message)
11 Email ID-2
(for Dispute alert sent to submitter)
12 Email ID-3
(for Default alert sent to submitter)
Details of Other Parties to the Debt (Apart from the person submitting the debt)
Details of Parties (please add as many parties as may be applicable)
13 Relationship
(Debtor/Creditor/ Guarantor/ Co-obligant / Security Provider / Assignee)
14 Party name
(Please provide your First, Middle and Last name without salutations)
15 Registered / Permanent Address
16 Registered Address PIN Code
17 Communication address
18 Communication Address PIN Code
19 Party Type
(Indian Entity, Resident Individual, Foreign Entity, NRI/Foreign
Individual)
20 Legal Constitution
(Public Ltd. company, Private Ltd. company, LLP, Proprietorship,
Partnership, Entity Created by or under a Statute, Trust, HUF, Co-op
Society, Association of Persons, Government, Self Help Group, Resident
Individual, Non-Resident Foreign Company).
21 MSME Flag
(Y/N)
22 MSME Sub-type
(Micro, Small, Medium)
35
23 Industry Category
24 Date of Birth/ Date of incorporation
25 Corporate Identification Number (CIN/LLPIN) for registered corporate
entities.
26 PAN
27 Customer ID
28 CKYC KIN
29 Contact Person Name
30 Contact Person’s Mobile No.
31 Alternative Number
32 Email id
33 Alternative Email ID
Details of the Debt
34 Debt Reference Number
35 Old Debt Reference No.
(Unique identifier of the debt, in case the debt has previously been
recorded in any Information Utility)
36 Creditor Location
(Creditor’s internal location code, where submitted by creditor)
37 Creditor Business Unit
(Creditor’s internal business unit code, where submitted by creditor)
38 Creditor RM Email
(Email of Creditor’s Relation Manager, for notification purpose)
39 Debt Contract Date
(date of sanction, last renewal, debt acknowledgements, etc.)
40 Debt Start Date
(Date of first disbursement or date of activation of the facility)
41 Sanction Reference No.
42 Sanction Currency
43 Sanctioned Amount
44 Drawing Power
45 Type of Debt
(Financial, Operational)
46 Intermediary Status
(Yes, No)
47 Debt subtype
48 Funded Type Indicator
(Funded, Non-fund)
49 Facility name
50 Repayment frequency
(Monthly, Quarterly, Half yearly, Annual, On demand, Bullet, Rolling,
Others)
36
51 Tenor of debt
52 Instalment Amount
53 Rate of interest
54 Lending arrangement
(Sole Banking, Consortium, Multiple Banking Arrangement, Outside
Multiple Banking, Outside Consortium, Others)
55 Currency of debt
56 Total Outstanding Amount
57 Principal Outstanding
58 Interest Outstanding
59 Other Charges Outstanding
60 Amount Overdue
61 Days Overdue
(Number of days overdue as on business date of reporting. If no overdue,
report zero value)
62 Asset Classification
(Standard, Sub-standard, Doubtful, Loss)
63 SMA Category
(0, 1, 2, N)
64 Account Closed Flag
(Yes, No, Assigned)
65 Part-A Remarks
(Any remarks that can be helpful for Other Parties during authentication)
B. Details relating to Creation of Security on Debt (If not applicable, please write NA)
66 Date of creation of Security Interest
67 Type of Charge created
(Mortgage, Hypothecation, Charge, Assignment, Pledge, Lien, Negative
Lien, Guarantee, Asset Cover and such other charges )
68 Assets type
(Movable, Immovable, Intangible, Not Classified)
69 Security type
(Nature of asset used as security as per list of values)
70 Security Category
(Primary, Collateral)
71 Asset ID
(identification number of asset on which charge is created)
72 Description of security
73 Value of security
74 Currency of Security
75 Date of valuation
76 ROC Charge ID
(as registered with MCA, where applicable)
37
77 CERSAI Security Interest ID
78 Part-B Remarks
(Any remarks that can be helpful for Other Parties during authentication)
C. Details relating to Default of Debt (If not applicable, please write NA)
79 Date of default
80 Total Outstanding Amount
81 Default amount
82 Days past due
83 Amount of last repayment
84 Date of last repayment
85 Date of filing of suit
86 Part-C Remarks
(Any remarks that can be helpful for Other Parties during authentication)
87 Documents* uploaded as proof for Debt, Security and Default:-
Debt:
a. Copy of Loan Agreement (as revised from time to time)
b. Repayment schedule (If in possession of the submitter)
c. Balance Confirmation
d. Balance Sheet and Cash Flow Statements (If the submitter is the
Debtor)
e. Any other documents relating to creation of debt/change in the
terms of the debt
28
[f. document showing latest acknowledgment of debt by the debtor]
Security:
a. Copy of the Security Deed
b. Copy of the Valuation Report
c. Proof of Registration with CERSAI
d. Copy of the Certificate of Registration of Charge
e. Any other document relating to creation of security
Default:
Any documents attached as a proof of default
* Documents can be submitted at any stage, not necessarily along with the data in Form C.”]
29[FORM
D*
RECORD OF DEFAULT
(Issued By information utility under sub- regulation (4) of regulation 21 of the Insolvency and
Bankruptcy Board of India (Information Utilities) Regulations, 2017)
28
Inserted by Notification No. IBBI/2022-23/GN/REG085, dated 14th June, 2022 (w.e.f. 14-06-2022).
29
Inserted by Notification No. IBBI/2022-23/GN/REG085, dated 14th June, 2022 (w.e.f. 14-06-2022).
38
This record of default is issued to the Financial/Operational Creditor ______ in respect of the
default of debt as per details given below-
Date:
Note:
*(Note: Information may be issued in this Form with necessary modifications as the
information utility deems fit)]
(Dr. M. S. Sahoo)
Chairperson Insolvency and Bankruptcy
Board of India
39