THE INSOLVENCY AND BANKRUPTCY CODE
(SECOND AMENDMENT) ACT, 2018
NO. 26 OF 2018
[17th August, 2018.]
An Act further to amend the Insolvency and Bankruptcy Code, 2016.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018.
(2) It shall be deemed to have come into force on the 6th day of June, 2018.
2. In the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the principal Act), in section 3, in clause (12), for the word “repaid”, the word “paid” shall be substituted.
3. In section 5 of the principal Act,—
(i) after clause (5), the following clause shall be inserted, namely:—
‘(5A) “corporate guarantor” means a corporate person who is the surety in a contract of guarantee to a corporate debtor;’;
(ii) in clause (8), in sub-clause (f), the following Explanation shall be inserted, namely:—
‘Explanation.—For the purposes of this sub-clause,—
(i) any amount raised from an allottee under a real estate project shall be deemed to be an amount having the commercial effect of a borrowing; and
(ii) the expressions, “allottee” and “real estate project” shall have the meanings respectively assigned to them in clauses (d) and (zn) of section 2 of the Real Estate (Regulation and Development) Act, 2016;’;
(iii) in clause (12), the following proviso shall be inserted, namely:—
“Provided that where the interim resolution professional is not appointed in the order admitting application under section 7, 9 or section 10, the insolvency commencement date shall be the date on which such interim resolution professional is appointed by the Adjudicating Authority;”;
(iv) in clause (21), for the word “repayment”, the word “payment” shall be substituted;
(v) after clause (24), the following clause shall be inserted, namely:—
‘(24A) “related party”, in relation to an individual, means—
(a) a person who is a relative of the individual or a relative of the spouse of the individual;
(b) a partner of a limited liability partnership, or a limited liability partnership or a partnership firm, in which the individual is a partner;
(c) a person who is a trustee of a trust in which the beneficiary of the trust includes the individual, or the terms of the trust confers a power on the trustee which may be exercised for the benefit of the individual;
(d) a private company in which the individual is a director and holds along with his relatives, more than two per cent. of its share capital;
(e) a public company in which the individual is a director and holds along with relatives, more than two per cent. of its paid-up share capital;
(f) a body corporate whose board of directors, managing director or manager, in the ordinary course of business, acts on the advice, directions or instructions of the individual;
(g) a limited liability partnership or a partnership firm whose partners or employees in the ordinary course of business, act on the advice, directions or instructions of the individual;
(h) a person on whose advice, directions or instructions, the individual is accustomed to act;
(i) a company, where the individual or the individual along with its related party, own more than fifty per cent. of the share capital of the company or controls the appointment of the board of directors of the company.
Explanation.—For the purposes of this clause,—
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