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...
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.
The regulations provide the process from initiation of voluntary liquidation of a corporate person – companies, limited liability partnerships and any other persons incorporated with limited liability – till its dissolution.
(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.
