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CS Professional · Drafting, Pleadings and Appearances · Appearance before other Regulatory and Quasi-judicial Authorities

During the CIRP of Bharat Forgings Ltd, the resolution professional needs to engage a senior advocate to appear for the corporate debtor in a pending dispute. Which statement correctly reflects the Insolvency and Bankruptcy Code, 2016?

The resolution professional may appoint accountants, legal or other professionals in the manner specified by the Insolvency and Bankruptcy Board. The Code does not require a prior NCLT order or Central Government appointment, so engaging an advocate to appear for the corporate debtor is permitted.

  1. AThe RP may appoint accountants, legal or other professionals in the manner specified by the BoardCorrect
  2. BThe RP must obtain the NCLT's order before engaging any legal professional
  3. COnly the Central Government can appoint legal professionals for a corporate debtor under CIRP
  4. DThe RP cannot appoint a legal professional and must personally argue all matters

Explanation

Section 25(2)(d) empowers the resolution professional to appoint accountants, legal or other professionals in the manner specified by the Board. No prior NCLT order or Central Government appointment is mentioned, and the RP is not required to argue personally.

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