Corporate Law : Insights into recent Supreme Court and High Court judgments on IBC cases, covering corporate guarantees, auction timelines, liquid...
CA, CS, CMA : Review of recent notifications and circulars for Income Tax, GST, SEBI, and IBBI from November 4-10, 2024, covering updated polici...
CA, CS, CMA : Overview of recent notifications and circulars from Income Tax, GST, Customs, and IBBI for the week of October 14-20, 2024, impact...
CA, CS, CMA : Discover recent Income Tax and GST notifications and circulars issued during the week of October 14-20, 2024, focusing on key exem...
Corporate Law : Despite Supreme Court rulings, authorities continue to raise demands for periods before NCLT orders under IBC, violating judicial ...
Corporate Law : IBBI dismisses multiple RTI appeals citing misuse of the RTI Act through repetitive filings. The order emphasizes responsible use ...
Corporate Law : RTI Act permits access only to information held by a public authority and does not require the creation or interpretation of infor...
Corporate Law : IBBI denies RTI appeal citing fiduciary exemption under Section 8(1)(e). The requested MSME-related information was withheld. Appe...
Corporate Law : IBBI proposes key amendments to CIRP, liquidation, and personal guarantor insolvency, aiming to enhance efficiency, transparency, ...
Corporate Law : IBBI revises technical standards for information utilities under the Insolvency Code, effective January 2025, focusing on user ide...
Company Law : NCLAT Chennai held that order not falling under Part II of the Insolvency and Bankruptcy Code, 2016 [IBC] is not appealable under ...
Corporate Law : NCLAT Chennai held that liquidator cannot resort to proceedings under section 61 of Insolvency and Bankruptcy Code for the purpos...
Corporate Law : NCLT Mumbai held that entertaining objection raised by the applicant after the sale is confirmed unjustified as there is no allega...
Corporate Law : The Bombay High Court rules on the Insolvency and Bankruptcy Board of India's circular regarding liquidation fees, clarifying IP's...
Corporate Law : Delhi HC rules on Sundaresh Bhat vs IBBI, emphasizing ethical conduct and fairness for liquidators under IBC. Key insights into th...
Corporate Law : IBBI rejects RTI appeal seeking detailed breakup of Dalmia Cement claims in Jaiprakash insolvency case, citing unavailability of d...
Corporate Law : IBBI rejects RTI appeal seeking clarifications on valuer registration, stating that opinions and justifications do not fall under ...
Corporate Law : IBBI disposes of SCN against IP in CIRP case, addresses claims dispute, and ongoing RoC investigation. Details of findings and DC'...
Corporate Law : The IBBI Disciplinary Committee has suspended Ms. Sonu Jain for one year due to delays and procedural lapses in the liquidation pr...
Corporate Law : IBBI suspends valuer for six months for non-transparent valuation in CIRP and liquidation of Base Corporation Ltd., citing violati...
To summarise, while the Code is purely a legislation that codifies the run of the rule of law governing insolvency and bankruptcy proceedings in relation to companies (insolvency of individuals is yet to be brought under the ambit of this law), its sheer operation in the ecosystem has led to various consequences on behaviour of parties involved and persons affected by it.
One of the most significant changes observed on implementation of the Code is the behavioural change in the stakeholders involved in the resolution process.
IBC Code is one of the most crucial reforms initiated in recent years that represents a paradigm shift for insolvency resolution in India. The Code is a game-changer in the sense that it motivates the management and promoters of firms to avoid default as their inefficiencies to operate above the optimum level may lead to shift in control and management of the firm away from existing promoters and managers
It might be useful to assess how the IBC Code is influencing the behaviour of various participants in the chain of economic growth. According to the author, they can be grouped into six broad categories, viz., lenders, operational creditors, borrowers, entrepreneurs, workforce and the economy at large.
In the area of insolvency regulation, economists and scholars estimating the costs and benefits of regulation encounter formidable problems. The most important of which is identifying a reasonable benchmark with which to compare the current system. Unfortunately, such a counterfactual does not exist globally.
Swarupama Chaturvedi* ‘…happy to note that in the working of the Code, the flow of financial resource to the commercial sector in India has increased exponentially as a result of financial debts being repaid.’ Justice R. F. Nariman1 Hon’ble Supreme Court of India hailed the working of the Insolvency and Bankruptcy Code, 2016 (Code) in […]
Valuation is a vital component of much financial information that is relied on by investors or otherwise used to support decisions in the financial markets. This includes financial reporting, managing the solvency of financial institutions, supporting lending or other investment decisions and the pricing of units in collective investment schemes.
Ever since the advent of the Insolvency and Bankruptcy Code, 2016(Code) and associated regulations , there are several new categories of professionals that have arisen, and several old categories that have had to reinvent themselves to meet the demands of the Code and its impact on the business ecosystem in India.
Ensuring financial stability of an economy hinges on an effective enforcement of creditor rights, duly supported by procedures that afford efficacious, transparent and predictable mechanisms for debt recovery. Insolvency processes establish such comprehensive procedures wherein legal and administrative policies and rules are put into play by different economic agents.
Dr. Mukulita Vijayawargiya, Whole Time Member, IBBI “Where your talent and the needs of the world cross, there lies your purpose.” Aristole In today’s world, the success or failure of any activity depends upon the kind of professionals involved. The professionals are persons having domain knowledge and experience. In the era of super speciality, their […]
