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...
MCA, vide its notification dated November 1, 2016 notified the third tranche of sections applicable of Insolvency and Bankruptcy Code, 2016
S.O. 3355(E). Central Government hereby appoints the 1st November, 2016 as the date on which some provisions of Insolvency and Bankruptcy Code, 2016 shall come into force
In exercise of the powers conferred under sub-section (2) of section 7, sub-section (1) of section 8, sub-section (2) of section 9, sub-section (2) of section 10, sub-sections (1) and (2) of section 239 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Central Government hereby makes the following Rules, namely.
In exercise of the powers conferred by sub-sections (1) and (2)(x)-(zk) of Section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Board hereby makes the following Regulations to provide a framework for liquidation of insolvent corporate persons in terms hereof
In exercise of the powers conferred under sub-sections (13) and (16) of section 5, sub-section (3) of section 7, sub-section (3) of section 9, sub-section (3) of section 10, sub-section (2) of section 14, sub-section (2) of section 15, sub-section (2) of section 17, sub-sections (a) and (g) of section 18, sub-sections (7) and (8) of section 21, sub-sections (1), (7) and (8) of section 24, sub-section (2) of section 25
Every insolvency professional agency shall have adopted comprehensive bye-laws, which are in consonance with the model bye-laws, to govern its internal matters prior to its registration as an insolvency professional agency:
Any person who seeks to establish an insolvency professional agency under the Code shall form a company limited by share capital, and registered under section 8 of the Companies Act, 2013 and such company may make an application to the Board for grant of certificate of provisional registration or certificate of transitional registration as an insolvency professional agency under these Regulations.
The Board shall form an Examination Committee to conduct an Insolvency Professionals Examination to test the practical skills and knowledge of insolvency, bankruptcy and allied subjects, of individuals seeking to be registered as insolvency professionals.
MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 1st October, 2016 S.O. 3110(E).-In exercise of the powers conferred by sub-section (1) and (3) of section 188 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Central Government hereby appoints 01st October, 2016 as the date of establishment of Insolvency and Bankruptcy Board of […]
Note on summary of the recommendations of the Committee to draft a Code on Resolution of Financial Firms -The Insolvency and Bankruptcy Code, 2016 enacted by the Parliament earlier this year provides for resolution and liquidation of non-financial firms. Recent experience and research have shown that resolution of financial institutions requires a special regim
