IBBI Update - Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) (Amendment) Regulations, 2026

Please find the following update under IBBI

Regulations Insolvency and Bankruptcy Board of India (Pre-packaged Insolvency Resolution Process) Regulations, 2021 Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) (Amendment) Regulations, 2026. Comments Regulation 2, sub-regulation (1), clause (g) fair value means the estimated realisable value of the assets of the corporate debtor, if they were to be exchanged on the pre-packaged insolvency commencement date between a willing buyer and a willing seller in an arm‘s length transaction, after proper marketing and where the parties had acted knowledgeably, prudently and without compulsion; fair value means the estimated realizable value of the corporate debtor or the assets of the corporate debtor, as the case may be, if they were to be exchanged on the insolvency commencement date between a willing buyer and a willing seller in an arm‟s length transaction, after proper marketing, and where the parties had acted knowledgeably, prudently, and without compulsion. Explanation- The estimated realizable value of the corporate debtor shall be computed after taking into account the total estimated realizable value of all the assets of the corporate debtor including but not limited to tangible and intangible assets, along-with their underlying synergies.” “Fair value” now means the estimated realizable value of the corporate debtor as a whole or its assets on the insolvency commencement date, determined on an arm’s length basis after proper marketing, expressly including all tangible and intangible assets along with their underlying synergies. Regulation 39 Fair value and liquidation value. , sub-regulation (1) after sub-regulation (1) (1) Fair value and liquidation value shall be determined in the following manner:- (a) the registered valuers appointed under regulation 38 shall submit to the resolution professional an estimate of the fair value and of the liquidation value computed in accordance with internationally accepted valuation standards, after physical verification of the inventory and fixed assets of the corporate debtor; (b) the average of the value determined by the two registered valuers shall be considered the fair value or the liquidation value, as the case maybe. (1) Fair value and liquidation value shall be determined in the following manner, namely:- (a) the set of registered valuers appointed under regulation 38 shall comprise of one registered valuer for