Corporate Law : The framework permits liquidation only where the company has not defaulted on debts and can pay liabilities. It ensures a clean an...
CA, CS, CMA : The High Court ruled that retrospective cancellation of GST registration is invalid if such action is not proposed in the original...
Corporate Law : Explains how the 2025 amendment removes going-concern sales from liquidation. Highlights the shift toward speed and finality over ...
Corporate Law : IBBI Regulations 32 & 32A for liquidation: defines asset sale modes and prioritizes selling the business as a going concern to max...
Corporate Law : Understand secured creditor rights under IBC Section 52 during liquidation: relinquish security to the estate or realize independe...
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 amendments focus on better protection of creditor interests and structured insolvency processes. They introduce new mechanisms...
Corporate Law : The amendment replaces rigid statutory documentation requirements with a flexible framework. This change empowers regulators while...
Company Law : NCLAT Delhi held that each and every commercial transaction which has resulted in loss may not be labelled as fraudulent or to hav...
Company Law : The appellate tribunal quashed orders permitting bankruptcy against personal guarantors after a creditor consented to grant additi...
Company Law : NCLT Allahabad held that financial creditor duly established existence of financial debt and default thereon on the part of the Co...
Company Law : The tribunal held that the resolution plan was invalid because several valuable properties were omitted from the Information Memor...
Company Law : NCLAT Delhi held that Prospective Resolution Applicant or unsuccessful Resolution Applicant doesn’t have vested right to challen...
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...
Corporate Law : The appeal found that the RTI response was delayed beyond statutory timelines. The key takeaway is that delay breaches RTI provisi...
Corporate Law : The issue was whether an RVO could grant conditional enrolment to an unqualified applicant. The authority held that such enrolment...
Corporate Law : The amendment allows financial creditors to directly initiate insolvency with prior approvals, reducing delays. It ensures faster ...
Corporate Law : The study found that most MSME insolvency cases are resolved before admission, highlighting gaps in data and process efficiency. I...
Supreme Court ruled that CoC and RP can surrender financially burdensome assets voluntarily, clarifying moratorium under section 14(1)(d) is a protective shield, not a retention mandate.
The authority held that complaint-related submissions received from Insolvency Professionals are held in fiduciary capacity and exempt under Section 8(1)(e). The ruling reiterates that RTI cannot be used to obtain confidential regulatory material.
The 2025 amendment caps professionals at ten concurrent assignments, with stricter limits for high-value cases, improving efficiency and accountability.
IBBI amends regulations mandating timely and accurate filing of forms by resolution professionals, with penalties for delays and incomplete submissions.
The circular mandates stronger verification of applicant eligibility under Section 29A and requires RPs to present detailed compliance notes to the CoC. The key takeaway is enhanced scrutiny to ensure transparent and challenge-free resolution processes.
The IBBI proposes measures to enhance transparency, disclosure, and accountability in corporate insolvency resolution, including allottees’ inclusion and CoC safeguards.
IBBI seeks public input on requiring directors/partners in Insolvency Professional Entities to hold a minimum shareholding or capital contribution, aiming to improve governance and accountability.
The paper outlines measures to bring uniform valuation formats and documentation. It highlights the need for consistency to improve transparency and stakeholder confidence.
The IBBI held that details sought under RTI regarding Swastik Ispat Pvt. Ltd. were already hosted on its website, disposing of the appeal accordingly.
NCLT Kochi held that delay in filing bankruptcy application u/s. 123 of the Insolvency and Bankruptcy Code, 2016 condoned considering that compliance with Section 121(2) should be considered directory in nature. Accordingly, present appeal is allowed.