Section 106 in The Insolvency and Bankruptcy Code, 2016
Title: Report of resolution professional on repayment plan.
(1) The resolution professional shall submit the repayment plan under section 105 along with his report on such plan to the Adjudicating Authority within a period of twenty-one days from the last date of submission of claims under section 102.
(2) The report referred in sub-section (1) shall include that—
(a) the repayment plan is in compliance with the provisions of any law for the time being in force;
(b) the repayment plan has a reasonable prospect of being approved and implemented; and
(c) there is a necessity of summoning a meeting of the creditors, if required, to consider the repayment plan:
Provided that where the resolution professional recommends that a meeting of the creditors is not required to be summoned, reasons for the same shall be provided.
(3) The report referred to in sub-section (2) shall also specify the date on which, and the time and place at which, the meeting should be held if he is of the opinion that a meeting of the creditors should be summoned.
(4) For the purposes of sub-section (3)—
(a) the date on which the meeting is to be held shall be not less than fourteen days and not more than twenty eight days from the date of submission of report under sub-section (1);
(b) the resolution professional shall consider the convenience of creditors in fixing the date and venue of the meeting of the creditors.
Title: Summoning of meeting of creditors.
(1) The resolution professional shall issue a notice calling the meeting of the creditors at least fourteen days before the date fixed for such meeting.
(2) The resolution professional shall send the notice of the meeting to the list of creditors prepared under section 104.
(3) The notice sent under sub-section (1) shall state the address of the Adjudicating Authority to which the repayment plan and report of the resolution professional on the repayment plan has been submitted and shall be accompanied by—
(a) a copy of the repayment plan;
(b) a copy of the statement of affairs of the debtor;
(c) a copy of the said report of the resolution professional; and
(d) forms for proxy voting.
(4) The proxy voting, including electronic proxy voting shall take place in such manner and form as may be specified.
Title: Conduct of meeting of creditors.
(1) The meeting of the creditors shall be conducted in accordance with the provisions of this section and sections 109,110 and 111.
(2) In the meeting of the creditors, the creditors may decide to approve, modify or reject the repayment plan.
(3) The resolution professional shall ensure that if modifications are suggested by the creditors, consent of the debtor shall be obtained for each modification.
(4) The resolution professional may for a sufficient cause adjourn the meeting of the creditors for a period of not more than seven days at a time.
Title: Voting rights in meeting of creditors.
(1) A creditor shall be entitled to vote at every meeting of the creditors in respect of the repayment plan in accordance with the voting share assigned to him.
(2) The resolution professional shall determine the voting share to be assigned to each creditor in the manner specified by the Board.
(3) A creditor shall not be entitled to vote in respect of a debt for an unliquidated amount.
(4) A creditor shall not be entitled to vote in a meeting of the creditors if he—
(a) is not a creditor mentioned in the list of creditors under section 104; or
(b) is an associate of the debtor.
Title: Rights of secured creditors in relation to repayment plan.
(1) Secured creditors shall be entitled to participate and vote in the meetings of the creditors.
(2) A secured creditor participating in the meetings of the creditors and voting in relation to the repayment plan shall forfeit his right to enforce the security during the period of the repayment plan in accordance with the terms of the repayment plan.
(3) Where a secured creditor does not forfeit his right to enforce security, he shall submit an affidavit to the resolution professional at the meeting of the creditors stating—
(a) that the right to vote exercised by the secured creditor is only in respect of the unsecured part of the debt; and
(b) the estimated value of the unsecured part of the debt.
(4) In case a secured creditor participates in the voting on the repayment plan by submitting an affidavit under sub-section (3), the secured and unsecured parts of the debt shall be treated as separate debts.
(5) The concurrence of the secured creditor shall be obtained if he does not participate in the voting on repayment plan but provision of the repayment plan affects his right to enforce security.
Explanation.—For the purposes of this section, “period of the repayment plan” means the period from the date of the order passed under section 114 till the date on which the notice is given by the resolution professional under section 117 or report submitted by the resolution professional under section 118, as the case may be