Regulation - 5, Appointment of professionals.

Regulation - 5, Appointment of professionals.

Insolvency & Bankruptcy

Appointment of professionals.

(1) A bankruptcy trustee may appoint accountants, registered valuers, advocates or other professionals, as may be necessary, to assist him in the discharge of his duties, obligations and functions for a reasonable remuneration and such remuneration shall form part of the bankruptcy process cost:


Provided that the following persons shall not be appointed under this regulation, namely-


(a) a relative of the bankruptcy trustee;


(b) a partner or director of the insolvency professional entity of which the bankruptcy trustee is a partner or director;


(c) an insolvency professional who has acted or is acting as an interim resolution professional, a resolution professional or a liquidator in respect of the corporate debtor;


(d) an associate of the bankrupt;


(e) a related party of the corporate debtor.


(2) Before appointing a professional under sub-regulation (1), the bankruptcy trustee shall obtain a disclosure of details of the existence of any pecuniary or personal relationship with any of the creditors, the bankruptcy trustee, the corporate debtor or the bankrupt, from the professional.