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Corporate Law - IBC code are now operational at full length. This article covers the critical aspects of the implementation of the code like No voice of Operation Creditors in Committee of Creditors, Financial Creditors' favored code etc and among other provisions....
Read MoreCorporate Law - Government set up INSOLVENCY LAW COMMITTEE on 16th November, 2017, to make recommendations to the Government on issues arising from the implementation of the Insolvency and Bankruptcy Code, 2016, as well as on the recommendations received from various stakeholders....
Read MoreCorporate Law - The Insolvency and Bankruptcy Code aims at establishing a time bound resolution of stressed assets, failing which the corporate debtor will be liquidated. Much has been written about the issues under the Code vis-à-vis other regulations. In this article, we attempt to throw light on the practical difficulties under the Code and the nee...
Read MoreCorporate Law - Prior to the introduction of Insolvency and Bankruptcy Code, 2016, India did not have a robust insolvency law to deal with the state of indebtedness of a business enterprises, winding up being the only insolvency procedure available....
Read MoreCorporate Law - The evolving law in due course is seeing some settlement (not by virtue of Article 142 of the Indian Constitution though), but some imperative issues, still some require settlement, and certain others warrant immediate changes. Briefly discussed below are a few imperative judicial pronouncements....
Read MoreCorporate Law - With an objective to familiarize the eligible and desirous individuals and entities with the process of registration as a valuer with the Insolvency and Bankruptcy Board (IBBI) , the IBBI today released the process required....
Read MoreCorporate Law - Report by the Insolvency Law Committee is a sincere attempt to encourage sustainable growth of the credit market in India, while safeguarding interests of various stakeholders. The key recommendations in this Report are as follows:...
Read MoreCorporate Law - Rule 11 of the Rules provides for transitional arrangement that any person, who may be rendering valuation services under the Companies Act, 2013 on the date of commencement of the Rules, may continue to render valuation services without a certificate of registration under the Rules up to 31st March, 2018...
Read MoreCorporate Law - Insolvency and Bankruptcy Board of India (IBBI) released a discussion paper today on regulation of fee payable to insolvency professionals (IPs) and other process costs under Corporate Insolvency Resolution Process (CIRP). The discussion paper is available at www.ibbi.gov.in....
Read MoreCorporate Law - INSOLVENCY AND BANKRUPTCY BOARD OF INDIA PRESS RELEASE 30th March, 2018 Insolvency and Bankruptcy Board of India commences valuation examinations The Central Government notified the commencement of section 247 (relating to valuers) of the Companies Act, 2013 with effect from 18th October, 2017. It also notified the Companies (Registered V...
Read MoreAkshay Jhunjhunwala & Anr. Vs Union of India (Calcutta High Court) - Akshay Jhunjhunwala & Anr. Vs Union of India (Calcutta High Court) The petitioners have assailed the vires of Sections 7, 8 and 9 of the Insolvency and Bankruptcy Code, 2016. Learned Senior Advocate appearing for the petitioners has submitted that, the second respondent is a corporate debtor in ...
Read MoreMacquarie Bank Limited Vs Shilpi Cable Technologies Ltd. (Supreme Court of India) - The present appeals raise two important questions which arise under the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the Code). The first question is whether, in relation to an operational debt...
Read MorePalogix Infrastructure Private Limited Vs. ICICI Bank Limited (NCLAT Delhi) - National Company Law Appellate Tribunal in the matter of Palogix Infrastructure Private Limited Vs. ICICI Bank Limited has promulgated that an Authorized Representative can file petition under Insolvency and Bankruptcy Code, 2016...
Read MoreAmod Amladi V/s. Mrs. Sayali Rane & Anr. (NCLAT Delhi) - Article discusses Time Period for Filing of Appeal in National Company Law Appellate Tribunal (NCLAT) against the order of adjudicating authority in the light of Section 62(2) of Insolvency and Bankruptcy Code, 2016 and NCLAT Judgments in the case of Steam Amod Amladi V/s. Mrs. Sayali Rane & Anr and...
Read MoreSteamline Industries Ltd Vs. Tecpro Systems Ltd (NCLAT Delhi) - In this editorial author discusses Judgment National Company Law Appellate Tribunal (NCLAT) in the case of Steamline Industries Ltd Vs. Tecpro Systems Ltd with reference to Section 14(1)(a) and 238 of the nsolvency and Bankruptcy Code, 2016 (IBC, 2016) on the issue Whether Pending Proceeding before...
Read MoreCIRCULAR No. IPE/008/2018 - (05/04/2018) - In terms of the sub-regulation (2) of regulation 13 of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016, the recognition granted to an IPE is subject to the condition that the IPE shall at all times continue to satisfy the requirements under regulation 12....
Read MoreNotification No. IBBI/2017-18/GN/REG030 - (27/03/2018) - No. IBBI/2017-18/GN/REG030. -In exercise of the powers conferred by clause (t) of sub-section (1) of section 196 read with section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Insolvency and Bankruptcy Board of India hereby makes the following regulations further to amend the In...
Read MoreIBBI/2017-18/GN/REG 029 - (27/03/2018) - These regulations may be called the Insolvency and Bankruptcy Board of India (Information Utilities) (Amendment) Regulations, 2018. They shall come into force on the 1st April, 2018....
Read MoreNo. IBBI/2017-18/GN/REG028 - (27/03/2018) - These regulations may be called the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2018. They shall come into force on 1st April, 2018....
Read MoreIBBI/2017-18/GN/REG027 - (27/03/2018) - According to the Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Amendment) Regulations, 2018 a. Subject to meeting other requirements, an individual shall be eligible for registration as an insolvency professional if he has passed the Limited Insolvency Examination within the ...
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CIRCULAR No. IPE/008/2018 - (05/04/2018) -
