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 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...
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...
Whether Section 12A is beneficial in the resolution process is debatable. Section 12A has proved to be beneficial only in cases where the amount in dispute is very less or wherever it is possible the Corporate Debtors makes an effort to settle it with the Creditors and this way the Creditors get the whole amount of claim or a better deal than what he might get if the company goes into insolvency, also the Corporate Debtor is able to retain control over the company.
In the course of this article, the author will reflect on the shift in the director duties from a financially sound/stable company to a company in financial distress. This essay also seeks to highlight the various responsibilities that the directors now have towards the creditors of their companies, and the liabilities they may incur if they do not take cognisance of such responsibilities.
The IBC Code not only empowers the employees with necessary legislative mechanism to recover their unpaid salaries and wages in the course of resolution process of the corporate debtors but also provides opportunities to keep alive their source of livelihood.
Hailed as one of the biggest legal reforms in the economic progress of the country, aimed at resolving the alarming non-performing assets (NPAs) of the banking sector, the Insolvency and Bankruptcy Code, 2016 (Code) has seen a litigious, yet impactful journey in its less than three-year history.
Insolvency and Bankruptcy Code, 2016 (Code) was introduced with an objective to consolidate and amend the laws relating to reorganisation of the insolvency resolution of corporate persons, partnership firms and individuals in a time-bound manner for maximisation of value of assets of such persons, to promote entrepreneurship, availability of credit
Liquidation has been defined as a process of bringing a business to an end and distribution of the assets of the company between persons having claims over the company. Liquidation is a consequence of being insolvent and / or having no realistic prospect of a going concern.
One of the objectives of the Insolvency and Bankruptcy Code, 2016 (Code), as stated in its preamble, is to ‘balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues.’
The transformation of the Indian economy from being a license-raj regime to the present business-friendly destination of foreign investment has been an arduous one. Central to this success story is the sweeping changes made in the regulatory space with the new Goods and Services Tax and the Insolvency and Bankruptcy Code, 2016 (Code) as the hallmark of such efforts.
Multiple examples have come to light in the last two decades where mis-governance in corporations has led to significant market wide impact across jurisdictions. The remedial measures have resulted in enactment of strong corporate governance laws.
Mr. Umiikrishnan A. * What is a ‘safe harbour’ in insolvency proceedings and what is its impact? How do we justify the existence of such carve-outs in insolvency laws, which apparently do violence to the very fabric and object of insolvency proceedings? Does India require such safe harbours? If so, to what extent? Time and […]
