Chapter II - Corporate Insolvency Resolution Process
Section 13
Section 13: moratorium and public announcement
After admitting a corporate insolvency application under Section 7, 9 or 10, the adjudicating authority makes a Section 13 order declaring a moratorium, arranging a public announcement that calls for claims and appointing an interim resolution professional.
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Need advice on Section 13?
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) The Adjudicating Authority, after admission of the application under section 7 or section 9 or section 10, shall, by an order—
(a) declare a moratorium for the purposes referred to in section 14;
(b) cause a public announcement of the initiation of corporate insolvency resolution process and call for the submission of claims under section 15; and
(c) appoint an interim resolution professional in the manner as laid down in section 16.
(2) The public announcement referred to in clause (b) of sub-section (1) shall be made immediately after the appointment of the interim resolution professional.
Introduction
The admission order triggers three linked actions. Section 13 identifies them, while Sections 14, 15 and 16 supply the detailed scope, announcement requirements and appointment procedure. The timing in subsection (2) is tied to appointment of the interim resolution professional.
Key takeaways
Admission comes first
The Section 13 duties arise after admission of an application under Section 7, 9 or 10.
Three parts of the order
The adjudicating authority declares the moratorium, causes a public announcement inviting claims and appoints an interim resolution professional.
Announcement follows appointment
The public announcement must be made immediately after the interim resolution professional is appointed.
Understand the trigger
A creditor notice or a pending application is not yet a Section 13 order. The tribunal first admits an application under one of the three CIRP initiation routes.
Read the moratorium with Section 14
The order declares a moratorium for the purposes specified in Section 14. Section 13 does not itself list every prohibited action or exception, so those questions require the current Section 14 text.
Follow the claims announcement and appointment
The order calls for a public announcement of CIRP and submission of claims under Section 15. It also appoints an interim resolution professional in the manner laid down in Section 16; the announcement follows that appointment immediately.
Practical checklist
Do
- Obtain the tribunal's admission order and check its moratorium and appointment directions.
- Monitor the public announcement for claim-submission information and deadlines under Section 15.
- Identify the appointed interim resolution professional before sending claim material.
Avoid
- Do not assume that sending a Section 8 demand notice itself creates a moratorium.
- Do not infer the full scope of moratorium exceptions from Section 13 alone.
Glossary
- Moratorium
- The statutory standstill declared on admission, whose operative prohibitions and exceptions are set out in Section 14.
- Interim resolution professional
- The insolvency professional appointed under Section 16 at the start of the admitted CIRP.
Frequently asked questions
Does the moratorium begin when an operational creditor sends a notice?
No. Section 13 concerns the tribunal's order after it admits an application under Section 7, 9 or 10.
When is the public announcement made?
Section 13(2) says immediately after appointment of the interim resolution professional.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026