Resolution Professional Support Services

• Drafting and issue of Notices under Section 8 of IBC 2016 on behalf of operation creditors
• Drafting of application to be filed before Hon’ble National Company Law Tribunal on behalf of Corporate Debtor, Operational Creditors, Home Buyers and other stake holders.
• Filing of application with the concerned bench of Hon’ble National Company Law Tribunal.
• Follow up and pleading of application filed with NCLT on behalf of the concerned applicant.
• Drafting of application for appeal to be filed before the Hon’ble National Company Law Appellate Tribunal.
• Follow up and pleading of application filed before Hon’ble National Company Law Appellate Tribunal .

Corporate Insolvency Resolution Process

DFC provides various support services to Insolvency Professionals who have been appointed as Interim Resolution Professional or Resolution Professional in the Corporate Insolvency Resolution Process of any Corporate Debtor. Following support services are extended by DFC for efficient handling of Corporate Insolvency Resolution Process.

Claim Verification

• To issue Public Announcements
• To receive claims of financial creditors, operational creditors, workmen and employees and other stake holders.
• To verify claims and collate during Corporate Insolvency Resolution Process; seek further details, documents and explanations from claimants incase of discrepancies in their claims.
• To collate and verify claims with regards to category (secured or unsecured), priority u/s 53, determination and verification of security interest etc.
• To constitute Committee of Creditors and help IRP to file a requisite report to Adjudicating Authority.
• To continue to receive, collate and verify claims till the expiry of the claim acceptance period.

Support for Taking over Control and Custody of Corporate Debtor

DFC extends it support to Insolvency Professional for effective and timely control over the Corporate Debtor:

• To visit locations of the businesses or assets of the Corporate Debtor and identify the assets
• To make an inventory of the assets of Corporate Debtor, make videos and take pictures for records and presenting it before the Committee of Creditors.
• To assist IRP in deputing security guards to assure protection of assets and to prevent any fraudulent or unauthorized removal of property of the Corporate Debtor.
• To supervise the operations of Corporate Debtor and to do all such acts required for keeping the Corporate Debtor as a going concern.

Services During CIR Process

DFC provides team for conducting various functions of Corporate Insolvency Resolution Process. The following are the key jobs under CIRP:

• To communicate with all stakeholders viz Committee of Creditor’s members, other claimants, promoters and directors, KMPs and auditors etc for the purpose of seeking information, informing them about the commencement of CIRP, coordinating for litigation.
• To assist Resolution Professionals in identification of Registered Valuers, Transactional Auditors; internal auditors / statutory auditors/Process Advisors.
• To interact and coordinate with different professionals and experts appointed for the process and to provide the requisite information for completion of the job and to obtain their report.
• To assist Resolution Professionals in convening Committee of Creditors’ meetings and to prepare all notices, agenda, information to be shared with COC, minutes, etc
• To assist Resolution Professionals in preparing and compiling Information Memorandum. To keep the Information Memorandum updated with adding all that information which is useful for the Resolution Applicant in understanding the Corporate Debtor.
• To support Resolution Processionals in conducting the entire process for Resolution Plans such as Expression of Interest, preparation of RFRP, bid evaluation matrix, eligibility criteria and other documents for receipt, examination and presentation of Resolution Plans for the approval of Committee of Creditors.

Finance and Accounts: Support

DFC team also extends support for various finance and accounts related matters during CIRP and Liquidation Process for smooth completion of the process. Following are some of the jobs which can be performed by DFC team.

• To understand the financial health of the Corporate Debtor and to compile a list of assets and liabilities as on the date of commencement of CIRP or liquidation and to present the same before COC or Stakeholders.
• To analyze the financial statements of Corporate Debtor and legal documents to understand the financial position, reasons for coming to stress, corrective measures available.
• To supervise the accounts and finance function of the Corporate Debtor and keep a close watch on the cash flow from operations and to maintain accounts for CIRP cost.
• To co-ordinate with Internal / statutory/ transactional auditors and provide them all the information to get timely reports.

Resolution Plan Facilitator

DFC team provides following support services for Insolvency Professionals:

• To support the Insolvency Professionals in understanding the business, financial position, assets and liabilities, capacity, product range, Buyers’ profile, Suppliers’ profile of the Corporate Debtor.
• To prepare a teaser / brief profile for circulation to those having synergy with the business of the Corporate Debtor or prospective investors and ARCs, etc.
• To track all leads so received and make efforts to convert them as prospective Resolution Applicants and facilitate them in preparation of Resolution Plan.
• To facilitate visits of Prospective Resolution Applicants for the inspection of business and assets of Corporate Debtor.

Liquidation Process Facilitation

DFC provides following support services in conducting Liquidation Process

• To support Liquidator in communicating with all stakeholders, other claimants, promoters and directors for the purpose of seeking information and also inform them about the commencement of Liquidation Process.
• To identify and appoint Registered Valuers, auditors for receipt and payment account, brokers for the sale of assets / selling the Corporate Debtor as going concern
• To interact and coordinate with different professionals and to provide them with requisite information for completion of the job and to obtain their report
• To assist Liquidator in convening Stakeholders Consultation Meetings and to prepare all notices, agenda, minutes, etc.
• To prepare and compile Asset Memorandum, Preliminary Reports, Progress Reports and co-ordinate for all the information required.
• To conduct the entire process e-auction process for sale of assets, preparation of e-auction document, keep the virtual data room; verify eligibility of bidder under section 29A and other documents for receipt and examination of bids. To issue a letter of intent and sale certificate and distribute the funds to stakeholders.

Asset Sale Facilitator

Liquidation Process is all about selling the assets of the Corporate Debtor and distributing the sale proceeds to stakeholders. The liquidator, in the normal course, gets better remuneration if the assets are sold in the first six months and his remuneration diminishes on every sale after the first six months. Therefore, DFC has made special arrangements for efficient and faster sale of assets of Corporate Debtor during the Liquidation Process. Following are the key deliverables of the Asset Sale team to partners of DFC.

DFC provides following services to the Liquidators :

• Prepare brief details of available assets of the Corporate Debtor and collect title documents and related details for due diligence done by prospective buyers.
• To advertise assets sale on various platforms such as property sale portals and vehicle sale portals. To make other publicity efforts for sale of assets such as banners, new paper inserts, new paper advertisements, bulk emails, bulk SMS etc.
• The leads, so generated, are attended regularly to convert them as a prospective bidder. Full support is extended at various locations of Corporate Debtor for inspection of the assets by the prospective bidders.
• To create a Virtual Data Room (VDR) for uploading all the relevant documents, title papers, list of assets, etc for faster transfer of information to prospective bidders.

Human Resources Facilitator

During CIRP and Liquidation Process Insolvency Professionals urgently require human resources to be posted at Corporate Debtor’s business. DFC facilitates them in recruitment and appraisal of human resources from industry experts and retired bankers.

• To provide the fair and transparent view on the financial health of the Corporate Debtor under Corporate Insolvency Resolution Process or liquidation.
• To help them fairy understand the term given in the announcement for Expression of Interest.
• To support them in getting the fair market value of the Corporate Debtor through a team of Registered Valuers and plan the value to be assigned to various stake holders in Resolution Plan based on the Information Memorandum obtained by them.
• To prepare the Resolution plan for the prospective resolution applicant as per IBC 2016, related Rules and Regulations.
• To get the Resolution Plan vetted by the professional lawyer to ensure various compliances as per provisions of law.
• To present the resolution plan before the Committee of Creditors on behalf of the prospective resolution applicant, if permitted by Resolution Professional and Committee of Creditors.

Once the Resolution Plan is approved by the Adjudicating Authority (AA), it needs to be executed and implemented in true spirit and terms as approved by the Hon’ble National Company Law Tribunal.

At DFC, we provide following services for its smooth execution and implementation:

a. Resolution Applicant:

• To draft and file the applications before the concerned authorities for seeking necessary approvals from the concerned authorities.
• To get the ownership transferred in the name of the Resolution Applicant or nominated persons as per the terms and conditions of the resolution plan.
• To assist in the preparation of various accounts and statements.
• To help in ensuring the legal compliances as per the plan.

b. Insolvency Professionals:

• To facilitate smooth transfer of ownership of the Corporate Debtor to the Resolution Applicant as per the terms of the Resolution Plan.
• To monitor the progress of the execution and implementation of the Resolution Plan.
• To prepare the required reports to be filed before Hon’ble National Company Law Tribunal.
• To ensure distribution of funds received from the Resolution Applicant to various stake holders as per the terms and conditions of the Resolution Plan approved by Hon’ble National Company Law Tribunal.