CS Professional · Corporate Restructuring, Valuation and Insolvency · Application for Corporate Insolvency Resolution Process
During the PPIRP of Narmada Chemicals Ltd, the committee of creditors holds 100 voting shares. Before approval of a resolution plan, it wants to resolve to initiate a regular CIRP, assuming the debtor is eligible under Chapter II. What is the minimum votes needed?
The committee of creditors needs a vote of not less than sixty-six per cent of the voting shares to resolve to initiate a CIRP during a pre-packaged process. With 100 voting shares, that is 66. A simple majority of 51 or the 75 needed for fast track extension is insufficient or irrelevant.
- A51 voting shares
- B66 voting sharesCorrect
- C75 voting shares
- D90 voting shares
Explanation
Section 54-O(1) requires a vote of not less than sixty-six per cent of the voting shares, so 66 out of 100. 51 is a simple majority and 75 is the fast track extension threshold under section 56, so both are wrong.
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