Law4u - Made in India

How Is The Committee Of Creditors (CoC) Constituted?

Answer By law4u team

The Committee of Creditors (CoC) is a vital decision-making body in the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code (IBC). It consists exclusively of financial creditors of the corporate debtor and is responsible for approving resolution plans, selecting the Resolution Professional, and overseeing the insolvency proceedings.

Procedure for Constituting the CoC

Appointment of Interim Resolution Professional (IRP)

Once the National Company Law Tribunal (NCLT) admits the insolvency application, it appoints an Interim Resolution Professional (IRP).

Identification and Verification of Financial Creditors

The IRP identifies all financial creditors of the corporate debtor and verifies their claims.

Calling the First Meeting

The IRP calls a meeting of all financial creditors within 30 days of his appointment.

Formation of CoC

At the first meeting, the financial creditors form the Committee of Creditors. Only financial creditors who have verified claims are members.

Determination of Voting Share

Each financial creditor’s voting power is proportional to the amount of their debt in relation to the total debt of all financial creditors.

Eligibility and Members

Only Financial Creditors

Operational creditors and other stakeholders are not members of the CoC.

Financial Creditors Include

Banks, financial institutions, debenture holders, bondholders, homebuyers (in real estate cases), and any other persons to whom financial debt is owed.

Role of the Committee of Creditors

  • Approve or reject resolution plans proposed for the corporate debtor.
  • Replace or confirm the Resolution Professional.
  • Approve key decisions like liquidation, withdrawal of application, or change in the resolution process.
  • Hold meetings and take decisions with a minimum 66% (two-thirds) majority vote.

Example

After the NCLT admits a CIRP application against a company, the appointed IRP identifies three banks as financial creditors:

  • Bank A with ₹50 crores
  • Bank B with ₹30 crores
  • Bank C with ₹20 crores

The IRP calls a meeting within 30 days to form the CoC. Voting shares will be:

  • Bank A: 50%
  • Bank B: 30%
  • Bank C: 20%

Together, they decide on a resolution plan requiring at least 66% approval.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Vidushi Thakran

Advocate Vidushi Thakran

Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Labour & Service

Get Advice
Advocate Abhimanyu Sharma

Advocate Abhimanyu Sharma

Cheque Bounce, Civil, Criminal, Family, Property

Get Advice
Advocate Mantu Mahato

Advocate Mantu Mahato

Civil, Cheque Bounce, Consumer Court, Criminal, Domestic Violence, Cyber Crime, Divorce, Anticipatory Bail, Court Marriage, Muslim Law, Family, Breach of Contract

Get Advice
Advocate Amaresh Rath

Advocate Amaresh Rath

Family, Domestic Violence, Criminal, Banking & Finance, Arbitration, Civil, Breach of Contract, Cheque Bounce, Consumer Court, Court Marriage, Landlord & Tenant, Motor Accident, R.T.I, Property, Divorce

Get Advice
Advocate Ajay Kumar Mishra

Advocate Ajay Kumar Mishra

Labour & Service, GST, Consumer Court, Corporate, Banking & Finance

Get Advice
Advocate Sunita Yadav

Advocate Sunita Yadav

Child Custody,Civil,Criminal,Divorce,Domestic Violence,Family,

Get Advice
Advocate Mahadev Chakraborty

Advocate Mahadev Chakraborty

Criminal, Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Insurance, Motor Accident, Succession Certificate, Revenue, Wills Trusts

Get Advice
Advocate Swati

Advocate Swati

Civil, Criminal, Domestic Violence, Cheque Bounce, Consumer Court, Divorce, Family, High Court, Landlord & Tenant, Labour & Service, Anticipatory Bail, Breach of Contract, Documentation, Motor Accident, Muslim Law, Succession Certificate, Wills Trusts, Child Custody, Court Marriage

Get Advice

Marriage and Divorce Laws Related Questions

Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.