Pranjal Kawedia ( Mumbai )
23-Oct-2026 03:52 PM
IBC AMMENDMENT SECTION 28A
SIR in the above section jaha pe likha h ki if gurantor in our example mr x or x ltd is also under insolvency to waha unki coc se approval lena so in this case the co. under CIRP i.e the co. for whom the gurantee was taken unka bhi lena h ? like both the coc or only one
Approval of the Committee of Creditors (CoC): The transfer requires approval from the CoC of the Corporate Debtor. If the guarantor itself is a separate corporate entity undergoing its own CIRP/liquidation, its own CoC must approve it by not less than 66% voting share. If it is a personal guarantor under insolvency/bankruptcy, threshold approvals from the personal guarantor's creditors are mandated.
Answer given by Shubhamm Sir at 02-Nov-2026 12:39 PM