CHAPTER II - CORPORATE INSOLVENCY RESOLUTION PROCESS
Section 24 of the Insolvency and Bankruptcy Code 2016: Meeting of Committee of Creditors
Section 24 regulates meetings of the Committee of Creditors during the corporate insolvency resolution process. It identifies who conducts the meeting, who must receive notice, who may attend and vote, how a creditor may be represented, and how voting share is determined.
Section 24(1): In-Person or Electronic Meetings
Members of the Committee of Creditors may meet in person or by electronic means in the manner specified under the applicable regulations.
This enables CoC participation without requiring every member to be physically present, subject to the procedural and technological requirements prescribed by the Insolvency and Bankruptcy Board of India.
Section 24(2): Resolution Professional Conducts CoC Meetings
Every meeting of the Committee of Creditors is conducted by the resolution professional. This function is part of the resolution professional's wider responsibility to conduct CIRP under Section 23.
Section 24(3): Who Must Receive Notice of a CoC Meeting
The resolution professional must give notice of each CoC meeting to the persons specified by Section 24(3), including:
Section 24(4): Attendance Does Not Automatically Carry Voting Rights
Directors, partners and the representative of operational creditors referred to in Section 24(3) may attend CoC meetings but do not have a right to vote merely because of that attendance. Their absence does not invalidate the proceedings of the meeting.
Section 24(5): Representation of a CoC Member
Subject to the authorised-representative provisions in Section 21, a creditor who is a member of the CoC may appoint an insolvency professional other than the resolution professional to represent that creditor at a CoC meeting. The fee payable to an insolvency professional representing an individual creditor is borne by that creditor.
For creditors represented under Section 21(6A), the specialised statutory framework for authorised representatives must be read with Section 25A and the current CIRP Regulations.
Section 24(6): Voting According to Assigned Voting Share
Each creditor votes in accordance with the voting share assigned on the basis of the financial debt owed to that creditor, subject to the eligibility and representation provisions of the Code.
Section 24(7): Resolution Professional Determines Voting Share
The resolution professional determines the voting share assigned to each creditor in the manner specified by the Board. The concept of voting share is defined in Section 5(28) and is central to determining whether the statutory threshold for a particular CoC decision has been achieved.
Voting thresholds are decision-specific. The general rule under Section 21(8) is not less than 51 percent voting share unless the Code provides otherwise, while important decisions under provisions such as Sections 12, 22, 27, 28 and 30 may carry their own statutory thresholds.
Section 24(8): Manner of Conducting CoC Meetings
CoC meetings must be conducted in the manner specified by the Board. The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 contain the detailed procedural framework concerning meetings, notice, agenda, participation through video conferencing or other audio and visual means, quorum, voting and minutes.
Because these regulations are amended periodically, the current consolidated CIRP Regulations should be checked for live proceedings.
Section 24 and the 2026 Liquidation Framework
The 2026 amendment expanded the CoC's role beyond CIRP in specified liquidation cases. Under the amended Section 21, where the statutory conditions apply, the CoC supervises the liquidation process and Sections 21 and 24 apply to liquidation as the context requires. The Board may also specify other classes of creditors who may attend CoC meetings during liquidation without voting rights.
Definitions Relevant to Section 24
| Provision | Term | Meaning |
|---|---|---|
| Section 3(8) | Corporate debtor | A corporate person who owes a debt to any person. |
| Section 5(7) | Financial creditor | A person to whom a financial debt is owed and includes a person to whom that debt has been legally assigned or transferred. |
| Section 5(20) | Operational creditor | A person to whom an operational debt is owed and includes a person to whom that debt has been legally assigned or transferred. |
| Section 5(27) | Resolution professional | An insolvency professional appointed to conduct CIRP and includes an interim resolution professional. |
| Section 5(28) | Voting share | The share of voting rights of a single financial creditor in the CoC, calculated in accordance with the financial debt owed to eligible voting members under the Code. |
Section 24 in the CoC Framework
| Provision | Connection |
|---|---|
| Section 21 | Constitution, composition and voting framework of the CoC. |
| Section 22 | First CoC meeting and appointment of the resolution professional. |
| Section 23 | RP conducts CIRP and manages the corporate debtor's operations. |
| Section 24 | Meetings, notice, attendance, representation and voting share. |
| Section 25 | Duties of the resolution professional. |
| Section 27 | Replacement of the resolution professional by the CoC. |
| Section 28 | Actions requiring prior CoC approval. |
| Section 30 | CoC consideration and approval of resolution plans. |
Official Legal Resources
For the current Code and procedural rules, refer to the India Code portal, IBBI Legal Framework, IBBI Acts, IBBI Regulations, IBBI Notifications and IBBI Orders.
