Corporate Law : Article examines Section 58C under CIIRP, highlighting procedural disputes, conversion risks, and regulatory gaps that may affect ...
Corporate Law : Article examines how IBC is meant for insolvency resolution, not debt recovery, and why using it as a recovery tool may weaken its...
Company Law : The Court held that anonymous political donations infringe voters’ right to information. The ruling mandates full disclosure of ...
Corporate Law : The framework permits liquidation only where the company has not defaulted on debts and can pay liabilities. It ensures a clean an...
Company Law : The advisory clarifies that Section 8 companies are prohibited from direct strike-off using Form STK-2. It highlights that closure...
Corporate Law : The amendments replace the consultation committee with CoC oversight, giving creditors greater control over liquidation decisions....
Corporate Law : The proposal focuses on enabling creditors to initiate resolution while retaining debtor management under supervision. It sets out...
Corporate Law : The amendments arise from the inclusion of a unified “service provider” definition under the Code. The move expands regulatory...
Corporate Law : The issue addressed is ambiguity in authentication and evidentiary value of financial information in insolvency cases. The propose...
Corporate Law : The proposal aligns grievance regulations with the newly introduced definition under the amended Code. It aims to ensure uniform a...
Corporate Law : The issue was whether delayed charges without supporting records could qualify as operational debt. The Tribunal ruled that absenc...
Corporate Law : Supreme Court affirmed that insolvency proceedings under IBC do not bar prosecution under Section 138 of NI Act. It held that crim...
Corporate Law : The case concerned an appeal against rejection of an insolvency petition involving alleged unpaid operational dues. The tribunal f...
Corporate Law : Observations regarding inconsistencies and possible backdating of documents led the Court to closely examine the claim. The case r...
Corporate Law : Bank of India Vs Neurostar Hospital Private Limited (NCLT Mumbai) The application was filed under Section 7 of the Insolvency and ...
Corporate Law : IBBI has extended the last date for stakeholder comments on key insolvency discussion papers. The move allows more time for feedba...
Corporate Law : The issue was whether an insolvency professional fulfilled due diligence obligations under Section 29A. The Committee held that fa...
Corporate Law : The Authority held that information accessible on official websites need not be reproduced under RTI. The appeal was disposed of a...
Corporate Law : The authority held that confusion arising from interim orders did not absolve the professional from taking proactive steps. The ca...
Corporate Law : The issue was whether IBBI must provide data held by a regulated entity. The Authority held that RTI applies only to information h...
THE PROCEDURE FOR INITIATING THE CORPORATE INSOLVENCY RESOLUTION PROCESS (CIRP) UNDER THE PROVISIONS OF THE INSOLVENCY & BANKRUPTCY CODE IS EXPLAINED BELOW: Source- http://www.ipaicmai.in/IPA/Upload/Newsletter-01-15042017.pdf
In this Flash editorial, the auditor begins by referring notifications for applicability of provisions of Voluntary Liquidation/ winding up under Insolvency and Bankruptcy Code, 2016. The main thrust of the article, however, is upon the provisions / regulations, of IBC concerning liquidation of a corporate person – companies, limited liability partnerships and any other persons incorporated with limited liability and process of liquidation under these regulations.
The Provisions of Voluntary Liquidation of Corporate persons have been notified by the Central Government with effect from 1st April, 2016. Further the Insolvency and Bankruptcy Board of India has notified Corporate Voluntary Liquidation process Regulations i.e. Insolvency and Bankruptcy Board of India
With effect from 1st April 2017, the Insolvency and Bankruptcy Board of India has notified the Corporate Voluntary Liquidation Process Regulations, 2016. These regulations have removed the recently faced ambiguity in winding up and liquidation of corporate persons after the recent amendments in Companies Act, 2013
(1) These Regulations may be called the Insolvency and Bankruptcy Board of India (Voluntary Liquidation) Regulations, 2017. (2) These Regulations shall come into force on the date of their publication in the Official
Insolvency and Bankruptcy Board of India notified Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017. The Regulations provide for a framework for registration and regulation of information utilities.
(1) These Regulations may be called the Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017. (2) These Regulations shall come into force on 1st April, 2017.
Insolvency and Bankruptcy Code, 2016 (31 of 2016), – Central Government hereby appoints the 1st April, 2017 as the date on which the provisions of the following sections of the said Code shall come into force
The major amendments made by MCA are related to the Transfer of Equity Shares by Company to IEPF Authority in case any shareholder fails to en-cash Dividend Warrants issued by company in any of the last 7 (seven) consecutive years.
The Insolvency and Bankruptcy Code, 2016 (Code) is considered as the biggest economic reform next only to GST. It offers a market determined, time bound mechanism for orderly resolution of insolvency, wherever possible, and orderly exit, wherever required.
