10Initiation of corporate insolvency resolution process by corporate applicant.
Section 10 · Part II · Chapter II · pages 29–30 of the Act
(1) Where a corporate debtor has committed a default, a corporate applicant thereof may file an application for initiating corporate insolvency resolution process with the Adjudicating Authority.
(2) The application under sub-section (1) shall be filed in such form, containing such particulars and in such manner and accompanied with such fee as may be prescribed.
3[(3) The corporate applicant shall, along with the application, furnish—
(a) the information relating to its books of account and such other documents 4[and any other information, as may be specified; and] 5 * * * *
(c) the special resolution passed by shareholders of the corporate debtor or the resolution passed by at least three-fourth of the total number of partners of the corporate debtor, as the case may be, approving filing of the application.]
(4) The Adjudicating Authority shall, within a period of fourteen days of the receipt of the application, by an order—
(a) admit the application, if it is complete; 1[***] or
(b) reject the application, if it is incomplete: 1[***].
Provided that Adjudicating Authority shall, before rejecting an application, give a notice to the applicant to rectify the defects in his application within seven days from the date of receipt of such notice from the Adjudicating Authority.
2[Provided further that if the Adjudicating Authority has not passed an order under this sub-section within a period of fourteen days from the date of receipt of the application under sub-section (2), it shall record the reasons for such delay in writing.]
(5) The corporate insolvency resolution process shall commence from the date of admission of the application under sub-section (4) of this section.
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3 Subs. by Act 26 of 2018, s. 7, for sub-section (3) (w.e.f. 06-06-2018).
4 Subs. by Act 6 of 2026, s. 6, for “for such period as may be specified;” (w.e.f. 26-05-2026).
Cl. (b) omitted by Act 6 of 2026, s. 6 (w.e.f. 26-05-2026).
Page 30
1 Certain words omitted by Act 6 of 2026, s. 6 (w.e.f. 26-05-2026).
2 Ins. by Act 6 of 2026, s. 6 (w.e.f. 26-05-2026).