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    Question

    Which of the following shall not be included in the

    liquidation estate assets and shall not be used for recovery in the liquidation?
    A Assets of any Indian or foreign subsidiary of the corporate debtor Correct Answer Incorrect Answer
    B Assets owned by a third party which are in possession of the corporate debtor Correct Answer Incorrect Answer
    C Assets in security collateral held by financial services providers and are subject to netting and set-off in multi-lateral trading or clearing transactions Correct Answer Incorrect Answer
    D All a b & c Correct Answer Incorrect Answer

    Solution

    Section 36-Liquidation estate- (4) The following shall not be included in the liquidation estate assets and shall not be used for recovery in the liquidation: — (a) assets owned by a third party which are in possession of the corporate debtor, including— (i) assets held in trust for any third party; (ii) bailment contracts; (iii) all sums due to any workman or employee from the provident fund, the pension fund and the gratuity fund; (iv) other contractual arrangements which do not stipulate transfer of title but only use of the assets; and (v) such other assets as may be notified by the Central Government in consultation with any financial sector regulator; (b) assets in security collateral held by financial services providers and are subject to netting and set-off in multi-lateral trading or clearing transactions; (c) personal assets of any shareholder or partner of a corporate debtor as the case may be provided such assets are not held on account of avoidance transactions that may be avoided under this Chapter; (d) assets of any Indian or foreign subsidiary of the corporate debtor; or (e) any other assets as may be specified by the Board, including assets which could be subject to set-off on account of mutual dealings between the corporate debtor and any creditor.

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