Statutory Compliance • IBC Section 30(2) & CIRP Regulation 38

Resolution Plans Compliance & Feasibility Audit

Pre-submission legal and financial vetting for Prospective Resolution Applicants (PRAs). Guarantee statutory waterfall compliance, protect against CoC disqualification, and bulletproof your turnaround strategy before the NCLT.

IBC Section 30(2) & CIRP Reg 38 Audit Engine

Resolution Plan Statutory Feasibility Matrix

Pre-submission audit to guarantee plan compliance prior to CoC voting and NCLT approval.

Compliance Score
80 / 100
CONDITIONAL COMPLIANCE

1. Section 30(2) Mandatory Legal Waterfall

Priority CIRP Costs Provision
Section 30(2)(a)
+20 pts

Unconditional provision for payment of unpaid Insolvency Resolution Process Costs (IRPC) in priority to all other debts within 30 days of NCLT approval.

Operational Creditors Minimum Payout
Section 30(2)(b)
+20 pts

Payment to operational creditors must equal or exceed liquidation value or Section 53 waterfall entitlement, paid in priority to financial creditors.

Dissenting Financial Creditors Priority
Section 30(2)(b)
+20 pts

Dissenting financial creditors who vote against or abstain must receive cash payout equal to liquidation value in priority to assenting creditors.

Post-Approval Governance & Implementation
Section 30(2)(c)-(d)
+20 pts

Clear delineation of Monitoring Committee, reconstitution of Board of Directors, and supervisory covenants during implementation window.

Feasibility & Viability Mandate
CIRP Reg 38(1)-(3)
+20 pts

Comprehensive financial turnaround model, source of funds certification, and timeline for statutory and competition (CCI) clearances.

Supreme Court Landmark Benchmark

In Committee of Creditors of Essar Steel v. Satish Kumar Gupta (2020), the Supreme Court ruled that while commercial wisdom of CoC is paramount, the Adjudicating Authority must ensure strict compliance with Section 30(2) payment guarantees.

Audit Evaluation Memo

Plan fulfills core payment clauses but requires formal feasibility models under CIRP Reg 38 to withstand CoC legal audit.

Mandatory Passing Threshold:100% Section 30(2)
CoC Voting Majority:66% Financial Creditors
Clean Slate Immunity:Protected under §32A

Essential Legal Pillars of an Approved Resolution Plan

Statutory Protection and Priority Distribution

Non-Negotiable Thresholds

Payment Waterfall Hierarchy

Strict priority: CIRP Costs paid first in full, followed by Operational Creditors receiving at least liquidation value, and cash payouts to dissenting financial creditors.

Clean Slate Shield (§32A)

Statutory immunity extinguishing all past criminal liability, ED/CBI attachments, and tax claims of the corporate debtor prior to plan approval (*Ghanshyam Mishra* doctrine).

Implementation & Supervision

Appointment of Monitoring Committee comprising RP and CoC representatives to oversee capital infusion, operational revival, and debt satisfaction.

Retain Counsel for Resolution Plan Pre-Audit

Have your draft resolution plan vetted by experienced NCLT turnaround counsel prior to CoC submission.

Fast-Track Senior Counsel Retainer

Resolution Plan Section 30(2) & CIRP Reg 38 Pre-Audit

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Submissions are protected under Advocate-Client Privilege pursuant to Section 126 of the Indian Evidence Act, 1872 / BSA 2023.