Info About Insolvency Professionals Facing Disciplinary Proceedings Exempt From RTI Act, Says IBBI
Live LawEven as the Insolvency and Bankruptcy Code promised to accelerate insolvency cases and raised the demand for insolvency professionals, the Insolvency and Bankruptcy Board of India claims information about insolvency professionals facing disciplinary proceedings is exempt from disclosure under the RTI Act. Singhvi had sought information about insolvency professionals who have been issued show cause notice for disciplinary proceedings as clarified in circular issued by the IBBI on April 23, 2018. He adds that names of resolution professionals served show cause notice or facing disciplinary proceedings should be made public as the 2018 circular provides against appointment of any such person ad a resolution professional and if the names of such persons are not made public, corporate entities might end up appointing them as IRPs which in turn will defeat the entire legal process. As per the circular, a disciplinary proceeding is considered pending against an insolvency professional from the time he has been issued show cause notice by the IBBI till its disposal by the disciplinary committee and an insolvency professional who has been issued a show cause notice shall not accept any fresh assignment as interim resolution professional, resolution professional, liquidator, or a bankruptcy trustee under the Code.