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...
Insolvency and Bankruptcy Board of India invites public comments on Draft Regulations for Voluntary Liquidation by 8th March, 2017. The Ministry of Corporate Affairs had set-up four Working Groups to facilitate implementation of the Insolvency and Bankruptcy Code, 2016. The Working Group-3 had a mandate to deliberate and submit its recommendations on rules and regulations […]
Regarding Empanelment of professionals having at least fifteen years of continuous as a Chartered Accountant with Regional Directors of the respective Region as Mediator or Conciliator for the year 2017-2018.
It is well established that economic freedom and economic performance have very high positive correlation. Countries having high level of economic freedom generally out-perform the countries with not-so-high level of economic freedom.
The IBBI (Insolvency Professionals) Regulations, 2016 allow chartered accountants, company secretaries, cost accountants and Advocates with 10 years’of post-membership experience (practice or employment) or Graduates with 15 years’of post qualification managerial experience to be registered as IPs on passing the Limited Insolvency Examination. For this purpose, the IBBI launched the Limited Insolvency Examination on 31st […]
The insolvency professional agencies (IPAs) are front line regulators for the IPs under the Code. The Insolvency and Bankruptcy Board of India (IBBI) commenced registration of IPAs from 28th November, 2016 in accordance with the regulations. It has registered at the end of the quarter the following three IPAs: Sl. Name of IPA Promoted by […]
IBBI issued five regulations to provide for regulation of service providers and enable implementation of provisions relating to corporate insolvency resolution and liquidation.
The Basic Idea of the proposed Insolvency and Bankruptcy Code, 2016 is that when an enterprise ( Individual, Firm, or Corporate Person) defaults, the control shifts to Committee of Creditors. They have specified time limit to evaluate proposals for resuscitating (rehabilitating) the enterprise or take to liquidation.
Under section 188 of the Code, the IBBI was established on 1st October, 2016. The Governing Board of the IBBI consists of the following members appointed by the Central Government, namely: a. a Chairperson; b. three members from amongst the officers of the Central Government not below the rank of Joint Secretary or equivalent, one […]
The Insolvency and Bankruptcy Board of India (IBBI) was established on 1st October, 2016. It is useful to chronicle the critical steps leading to establishment of the IBBI and the steps taken thereafter during the quarter September-December, 2016:
It is well established that economic freedom and economic performance have very high positive correlation. Countries having high level of economic freedom generally out-perform the countries with not-so-high level of economic freedom.
