Income Tax

Insolvency Regulator Suspends Professional For Drawing Unauthorized Monthly Fee

Originally reported by Taxscan as: IBBI Suspends RP for One Year for Charging ₹5 Lakh Monthly Fee Without CoC Approval; Directs Refund of Excess Amount [Read Order]

7 Nov 2026, 5:17 pm IST · Xecute.finance News Desk

The crisp read

The Insolvency and Bankruptcy Board of India has suspended a resolution professional for one year after the practitioner withdrew a monthly fee of 5 lakh rupees without committee approval. The regulator found the action violated Regulation 34B(2) and professional conduct standards. Additionally, the practitioner must refund the excess amount.

Xecute Impact Breakdown

For CAs

  • Practitioners must ensure all fee claims and withdrawals secure prior committee endorsement before execution. Practitioners should audit their active assignments to verify compliance with fee regulations and professional standards. The Insolvency and Bankruptcy Board of India suspended a resolution professional for one year for unauthorized withdrawal of a monthly fee amounting to 5 lakh rupees without prior approval from the Committee of Creditors.

For businesses

  • The regulatory authority determined that the professional failed to obtain prior approval from the Committee of Creditors before drawing the remuneration, breaching Regulation 34B(2). The resolution professional is directed to refund the excess amount.

Deep dive - the full story

The Insolvency and Bankruptcy Board of India (IBBI) has suspended a resolution professional for a duration of one year following the unauthorized withdrawal of a monthly fee amounting to 5 lakh rupees. The regulatory authority determined that the professional failed to obtain prior approval from the Committee of Creditors (CoC) before drawing the remuneration. This conduct breached Regulation 34B(2) along with established professional conduct requirements.

Under the insolvency framework, remuneration for resolution professionals requires strict adherence to regulatory norms and explicit committee sanction to maintain financial transparency during corporate rescue processes. Drawing fees without statutory backing or stakeholder consent undermines the integrity of the resolution mechanism. Previously, practitioners had more leeway, but current regulations enforce strict oversight on all outlays and fee structures.

Insolvency professionals must ensure all fee claims and withdrawals secure prior committee endorsement before execution. Practitioners should audit their active assignments to verify compliance with fee regulations and professional standards. Bottom line: Strict regulatory enforcement means unauthorized withdrawals carry severe professional suspension risks.

Source: taxscan.in

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