The Insolvency Professional (IRP/RP/liquidator) would have to first file the NCLT order approving his appointment in form INC-28 in the manner as provided.

 

Post-approval of the said form, only he shall thereafter be responsible/allowed to file any form on behalf of the company and the Insolvency Professional shall choose his designation as “Chief Executive Officer”(CEO), for the purpose of subsequent filings.

 

The Insolvency Professional in his role as designated CEO shall again file e-form INC-28 upon the approval of the resolution plan, initiation of liquidation proceedings, upon withdrawal of the application for CIRP or in case the order of admission of a corporate Debtor into CIRP or into liquidation is stayed or set aside by the Tribunal or Appellate Tribunal or other courts, based on which the status of the company would get suitably reflected in the company master data.

 

Source: MCA General Circular No. 04/2020 dated February 17, 2020


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