Insolvency and Bankruptcy Code, 2016 | Chapter V

Section 209: No Information Utility Without Registration Under the IBC

Section 209 of the Insolvency and Bankruptcy Code, 2016 (IBC) requires an information utility to hold a valid certificate of registration issued by the Insolvency and Bankruptcy Board of India (IBBI) before conducting its business under the Code.

Text and meaning of Section 209

Section 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.

The opening words, "Save as otherwise provided in this Code", preserve any exception expressly provided by the IBC. Otherwise, an entity must both obtain registration and comply with its conditions. Merely applying for registration does not confer authority to operate as an information utility.

What is an information utility?

Section 3(21) defines an information utility as a person registered with the Board as an information utility under Section 210. In the IBC framework, information utilities receive, authenticate, maintain and provide access to financial information in accordance with the Code and applicable regulations.

Section 3(13) defines financial information in relation to a person and includes records of debt, liabilities, security interests, instances of default and other prescribed information. The definitions and their scope should be read with the current statutory text.

Registration under Section 210

Application: An applicant must apply to IBBI in the prescribed form and manner, with required particulars and fees. Section 210(1) requires acknowledgement of an application within seven days of receipt.
Decision: Under Section 210(2), IBBI may grant registration when the application meets the prescribed requirements or reject it by order.
Conditions and renewal: Sections 210(3) and 210(4) govern the form, conditions and renewal of registration, subject to applicable regulations.
Suspension or cancellation: Section 210(5) permits action on specified grounds, including misrepresentation and regulatory non-compliance, subject to the statutory opportunity of being heard.

Applicable IBBI regulations

The IBBI (Information Utilities) Regulations, 2017, as amended, supplement Sections 209 and 210. They address matters such as eligibility, registration, governance, technical standards, core services, record handling and regulatory compliance. Applicants should consult the consolidated version and subsequent notifications in the official IBBI legal framework, including the amendments issued on 2 June 2026.

Other important provisions

Section 211: Provides for an appeal to the National Company Law Appellate Tribunal against an order of the Board under Section 210.
Section 212: Deals with the governing board of an information utility.
Section 213: Addresses core services and other services of information utilities.
Section 214: Specifies obligations of information utilities, including the handling and provision of financial information.
Sections 215 and 216: Address submission of financial information and the manner of submission or access, subject to the Code and regulations.

Why registration is mandatory

Registration enables IBBI to supervise entities entrusted with important financial records used in insolvency and bankruptcy proceedings. It promotes reliability, accountability, controlled access and compliance with prescribed safeguards. A general technology platform or private database does not become an information utility under the IBC merely by storing debt-related information.

Frequently asked questions

Can an unregistered company operate as an information utility?

No. Section 209 prohibits carrying on information utility business under the IBC without registration, except where the Code itself provides otherwise.

Who grants registration to an information utility?

The Insolvency and Bankruptcy Board of India grants registration under Section 210 and the applicable regulations.

Can IBBI cancel the registration?

Yes. Section 210(5) permits suspension or cancellation on specified grounds, subject to statutory safeguards.

Where can the latest rules be checked?

Consult the official IBBI website and its legal framework repository for current consolidated regulations, amendments and circulars.

Official references and further reading

Updated: 23 October 2026. This article is general legal information. For a particular registration or compliance issue, verify the applicable notifications and current regulatory requirements.