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IBBI Proposes UBO Disclosure by Insolvency Bidders

10 November 20251 min read
BANKING & FINANCEIBBI Proposes UBODisclosure byInsolvencyBidders10 November 2025safalsetu.com

Why in the news

In November 2025 IBBI proposed tougher disclosure for bidders in CIRP, to stop misuse of the IBC’s clean-slate protection.

Key facts

  • Prospective Resolution Applicants (PRAs) must name every natural person holding ultimate ownership, control or significant influence, plus intermediate entities with jurisdiction and control chain.
  • The Section 32A affidavit confirms eligibility; that section shields a company post-resolution from prosecution for earlier offences.
  • Aim: block benami, proxy, conflicted or promoter-linked bidders.
AreaChange
Listed entitiesPossible relaxed regime, as SEBI already requires ownership reporting
Due diligenceRPs and CoC get richer bidder data
Financial crimeRPs may approach special PMLA courts
Restituted assetsUndertaking that they benefit creditors only

Exam angle

  • UBO = Ultimate Beneficial Ownership.
  • Section 32A: immunity for pre-CIRP offences.

Test yourself

1. IBBI's proposal requires resolution applicants in CIRP to disclose what?

Bidders must declare their Ultimate Beneficial Ownership (UBO).

2. Which IBC section's immunity provision is the target of the proposed affidavit requirement?

Section 32A shields the company from prosecution for pre-CIRP offences.

3. The IBBI's proposed UBO disclosure template is modelled on guidelines of which body?

It follows RBI's updated UBO guidelines.