Section 209: No Information Utility to Function Without Certificate of Registration

Section 209 of the Insolvency and Bankruptcy Code, 2016 is the basic registration requirement for an information utility operating under the Code. It requires an information utility to operate only under and in accordance with a certificate of registration issued by the Insolvency and Bankruptcy Board of India.

Text of Section 209

209. No person to function as information utility without certificate of registration. - Save as otherwise provided in this Code, no information utility shall carry on its business under this Code except under and in accordance with a certificate of registration issued in that behalf by the Board.

Meaning and Scope of Section 209

The provision creates a mandatory regulatory gateway. An entity cannot carry on business as an information utility under the Insolvency and Bankruptcy Code merely by offering information-storage or verification services. It must be registered with the Board and must conduct its business in accordance with the certificate of registration and the applicable regulatory framework.

The expression "information utility" is defined in Section 3(21) of the Code as a person registered with the Board as an information utility under Section 210. The "Board" for this purpose is the Insolvency and Bankruptcy Board of India, commonly referred to as IBBI.

Key Legal Requirements

An information utility carrying on business under the Code must have a certificate of registration issued by IBBI.
The business must be carried on not merely after registration, but also in accordance with the certificate of registration.
Section 210 provides the statutory framework for application, grant, renewal, suspension and cancellation of registration.
The detailed regulatory requirements are contained in the Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017, as amended from time to time.
IBBI has statutory functions relating to registration and regulation of information utilities under the Code.

Connection With Section 210

Section 209 states the prohibition against operating without registration, while Section 210 deals with the registration mechanism. Under Section 210, an application is made to the Board in the form and manner specified by regulations. The Board may grant registration when the prescribed requirements are satisfied and may suspend or cancel registration on the grounds provided by the Code and regulations, subject to the applicable procedural safeguards.

Information Utilities Regulations

The Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017 supplement Sections 209 to 216 of the Code. They contain the operational regulatory framework governing information utilities, including registration and continuing compliance requirements. The IBBI legal framework records the Information Utilities Regulations as amended up to 2 June 2026 and also records the 2026 amendment regulations and related circular on formats.

Practical effect: Section 209 should be read with Section 3(21), Section 210 and the current IBBI Information Utilities Regulations. Registration is therefore a continuing regulatory condition for carrying on business as an information utility under the Code.

Official Legal Resources

For the latest consolidated statutory and regulatory material, refer to the official IBBI legal framework. The official resources should be checked for subsequent amendments, notifications, regulations and circulars before relying on the provision for a current legal matter.

IBBI - Insolvency and Bankruptcy Code IBBI - Legal Framework IBBI - Circulars