Chapter II - Corporate Insolvency Resolution Process
Section 27
Section 27: replacing a resolution professional
During CIRP, the committee of creditors may replace the resolution professional appointed under section 22. It needs the statutory voting threshold, written consent from the proposed replacement and the prescribed confirmation process.
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This article is for general information. Refer to the Insolvency and Bankruptcy Code, 2016 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Where, at any time during the corporate insolvency resolution process, the committee of creditors is of the opinion that a resolution professional appointed under section 22 is required to be replaced, it may replace him with another resolution professional in the manner provided under this section.
(2) The committee of creditors may, at a meeting, by a vote of sixty-six per cent of voting shares, resolve to replace the resolution professional appointed under section 22 with another resolution professional, subject to a written consent from the proposed resolution professional in the specified form.
(3) The committee of creditors shall forward the name of the insolvency professional proposed by them to the Adjudicating Authority.
(4) The Adjudicating Authority shall forward the name of the proposed resolution professional to the Board for its confirmation and a resolution professional shall be appointed in the same manner as laid down in section 16.
(5) Where any disciplinary proceedings are pending against the proposed resolution professional under sub-section (3), the resolution professional appointed under section 22 shall continue till the appointment of another resolution professional under this section.
Introduction
Section 27 addresses replacing an existing RP, rather than the initial decision under section 22 on who becomes RP. The enacted 2026 Amendment Act changes section 22 but does not change section 27's own text. Read section 27 with the latest professional-consent form and applicable CIRP Regulations.
Key takeaways
CoC decision
The committee may resolve replacement at a meeting by 66% of voting shares.
Replacement's consent
The proposed professional's written consent in the specified form is required.
Confirmation route
The proposed name goes to the Adjudicating Authority and then to IBBI for confirmation before appointment under the section 16 route.
Prepare the decision
Record the committee's reasons and check the proposed professional's eligibility and written consent before the vote. Calculate the 66% share using the current committee voting record.
Submit the proposed name
After a valid committee resolution, forward the name to the Adjudicating Authority. The Authority forwards it to the Board for confirmation under subsections (3) and (4).
Maintain continuity
Where disciplinary proceedings are pending against the proposed replacement, subsection (5) keeps the existing RP in place until another is appointed. Do not assume the committee vote alone completes the handover.
Practical checklist
Do
- Keep the meeting notice, vote record and written consent.
- Document submission to the Adjudicating Authority and confirmation status.
- Maintain process continuity during the handover.
Avoid
- Do not use the superseded 75% voting threshold.
- Do not treat the vote alone as a final appointment.
Glossary
- CoC
- Committee of creditors constituted for the corporate insolvency resolution process.
- Voting share
- The statutory share used to calculate a financial creditor's vote in the committee.
Frequently asked questions
What voting level is required to replace an RP?
Section 27(2) requires a vote of 66% of committee voting shares at a meeting.
Does the proposed RP need to consent?
Yes. Written consent in the specified form is expressly required.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026